Welcome to Project Source® Toilet, Faucet, Cabinets, Blinds!
These Terms and Conditions (“Terms”) govern your use of our website located at projectssource.com (together with any successor website operated by us, the “Site”) and our related mobile and software applications (“App”). The Site and App are collectively referred to herein as the “Services”.
Please read these Terms carefully before using the Services. By using the Services, you agree to be bound by these Terms. If you do not accept and agree to these Terms, you may not use the Services.
Section 1. Parties
The Services are operated by Project Source® Toilet, Faucet, Cabinets, Blinds (“Project Source“, “we“, “us” and terms of similar meaning). Project Source offers the Services, including all information, documents, communications, images, photographs, graphics, audio, video, web content and services available on or through the Services, to you conditioned upon your acceptance of these Terms.
Section 2. Use of the Services
A. Eligibility
You may use the Services only if you are 18 years or older and capable of forming a binding contract and are not barred from using the Services under applicable law. Use of the Services is void where prohibited.
B. License
Project Source grants you a limited, revocable, non-exclusive, non-transferable license to use the Services in accordance with these Terms.
C. Restrictions
You may not:
(i) copy, modify, create derivative works from, distribute, publicly display or perform, republish, download, store, or transmit any of the material on the Services;
(ii) access or use any part of the Services through automated means;
(iii) use any data mining, spiders, robots or similar data gathering and extraction methods on the Services;
(iv) circumvent, disable or otherwise interfere with any security features or measures on the Services;
(v) use the Services for any illegal purpose or in violation of any applicable laws or regulations;
(vi) violate any requirement, procedure or policy of the Services;
(vii) stalk, harass, or harm another individual;
(viii) violate any applicable export control laws or regulations;
(ix) submit or upload any false, fraudulent, inaccurate or misleading information to the Services;
(x) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or other rights of publicity or privacy;
(xi) violate any applicable law or regulation;
(xii) promote any illegal activity;
(xiii) express or imply that any statements you make are endorsed by Project Source without our specific written consent; or
(xiv) access or use the Services for the purpose of competing with Project Source or copying any features, functions, interfaces or graphics of the Services.
D. Availability of Services and Content
Project Source may discontinue offering or modify features of the Services, and may also modify, delete or reduce the availability of content on the Services, at any time in its sole discretion and without notice or liability to you. Project Source does not guarantee the Services will be operable at all times or during any down time.
Section 3. Accounts and Registration
You are not required to create an account to use the Services. If you choose to create an account with Project Source, you agree to provide accurate and up to date account information, and to promptly update your account information if it changes.
Project Source reserves the right to suspend or terminate your account if any information you provide is inaccurate, fraudulent or violates these Terms. You are responsible for safeguarding your account credentials and you agree not to disclose your account credentials to any third party. You must immediately notify Project Source if you know or have reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised. You are fully responsible for any activities that occur under your account.
Project Source may refuse registration to, or immediately terminate the account of, anyone who violates these Terms or for any other behavior that Project Source believes is harmful to the Services, our users, third parties, or otherwise.
Section 4. User Content
Certain features of the Services may enable you to provide feedback, comments, suggestions, ideas, and other content (“User Content”). Project Source does not claim ownership over User Content.
However, by submitting User Content, you grant Project Source a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable and transferable license to copy, distribute, publicly display, reproduce, modify, translate, excerpt, create derivative works from, and/or incorporate such User Content into the Services. You are solely responsible for your User Content and represent and warrant that: (i) you own or have sufficient rights to the User Content; (ii) the User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; and (iii) you agree to pay for any royalties, license fees, and/or other amounts owed to any third party for using User Content.
We are not required to monitor User Content, and you acknowledge that User Content may be inaccurate or objectionable. Project Source may remove User Content for any reason at its discretion. Project Source is not responsible or liable for any harm resulting from your exposure to User Content.
Section 5. Copyright Complaints
Project Source respects the intellectual property rights of others. Upon receipt of a proper notice of alleged copyright infringement, Project Source will promptly remove or disable access to material claimed to be infringing and terminate access for repeat infringers.
If you believe your work has been copied on the Services in a way that constitutes copyright infringement, please provide Project Source’s copyright agent the following written information:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the infringing material to be removed and information sufficient to permit Project Source to locate the material.
- Your contact information, including address, telephone number and email address.
- A statement by you indicating a good faith belief that the disputed use is not authorized by the copyright owner, its agent or law.
- A statement by you, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic signature or physical one.
Project Source’s copyright agent to receive copyright infringement notices is [email protected].
If you believe your trademark rights have been violated on the Services, please contact our agent at [email protected].
Section 6. Purchases
Certain features or services offered on or through the Services may require you to pay fees. If you purchase products, services or gift cards, you agree to pay the prices we specify plus any applicable taxes. We reserve the right to change prices at any time.
A. Payment
You agree to pay all amounts owed to Project Source through your chosen payment method in accordance with the applicable payment terms. Project Source may correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to decline any order.
B. Direct Payments
For products or services that require your direct payment to Project Source, you authorize Project Source to charge the amount due to your chosen payment method. This authorization will remain valid until you cancel your order before we ship or provide the applicable product, service, or gift card to you.
C. Recurring Subscriptions
For recurring subscription products or services, you authorize Project Source to periodically charge your chosen payment method until you cancel. You must cancel your subscription before it renews in order to avoid billing of the next periodic fee. We will notify you when your subscription is up for renewal.
D. Returns/Refunds
Except where prohibited by law, Project Source does not issue refunds for any products or services that you purchase directly from us. Please review the specific policies for returns and exchanges for the applicable product or service.
E. Gift Cards
Gift cards cannot be redeemed for cash and do not accrue interest. We may replace lost, stolen or damaged gift cards at our discretion and we may charge a fee for doing so. Gift cards do not expire, but we may deactivate unused gift cards at any time. Purchased gift cards are non-refundable.
Section 7. Termination
You may terminate these Terms at any time by discontinuing your use of the Services.
Project Source may restrict, suspend, or terminate these Terms or your access to the Services, and refuse to provide Services to you in the future, without notice and for any reason, including if Project Source believes that you have violated these Terms.
Upon termination, all license rights granted to you under these Terms immediately expire. You must cease using the Services and delete all copies of Project Source materials. Termination of your access to and use of the Services may not extinguish your obligations under these Terms that by their sense and context are intended to survive such termination.
Section 8. Disclaimers
A. No Warranties
THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
B. No Liability for Conduct of Third Parties
YOU ACKNOWLEDGE AND AGREE THAT PROJECT SOURCE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD PROJECT SOURCE LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE SERVICES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
C. No Liability for Content
YOU ACKNOWLEDGE AND AGREE THAT PROJECT SOURCE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD PROJECT SOURCE LIABLE, FOR THE CONTENT OF THE SERVICES, INCLUDING ANY USER CONTENT, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH CONTENT RESTS ENTIRELY WITH YOU.
D. Services Tests; Beta Features
WE MAY CONDUCT TESTS AND GATHER FEEDBACK TO IMPROVE THE SERVICES. YOU ACKNOWLEDGE THAT SOME FEATURES, FUNCTIONALITY, OR CONTENT PROVIDED AS PART OF THE SERVICES MAY BE EXPERIMENTAL IN NATURE, AND WE DO NOT MAKE ANY GUARANTEES OR WARRANTIES REGARDING SUCH FEATURES, FUNCTIONALITY OR CONTENT.
Section 9. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR USER CONTENT, REMAINS WITH YOU. NEITHER PROJECT SOURCE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR YOUR USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROJECT SOURCE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL PROJECT SOURCE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR YOUR USER CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO PROJECT SOURCE FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PROJECT SOURCE, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PROJECT SOURCE AND YOU.
Section 10. Indemnity
You will indemnify, defend, and hold harmless Project Source, our affiliates, directors, officers, employees, agents, and representatives from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services and any User Content; (b) your breach of these Terms; or (c) your violation of any applicable laws or rights of any third party. Project Source reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Project Source. Project Source will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Section 11. Privacy Policy
Please read the Project Source Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information. The Project Source Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Section 12. Modifications to the Terms
We reserve the right to modify these Terms from time to time at our sole discretion. If we make material changes to these Terms, we will notify you by updating the date at the top of these Terms and by maintaining a notice on the Services. You should revisit these Terms regularly to ensure you are aware of the latest terms. Your continued use of the Services will signify your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services.
Section 13. Assignment
You may not assign or transfer these Terms or any rights or obligations under these Terms without the prior written consent of Project Source, and any unauthorized assignment will be null and void. Project Source may freely assign these Terms. These Terms will inure to the benefit of Project Source’s successors and assigns.
Section 14. Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Section 15. Export Controls
The Services are subject to export restrictions and economic sanctions laws in the United States. You agree to comply with all export and import laws and restrictions and regulations of the United States and any foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Services in violation thereof.
Section 16. Governing Law
These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents or other intellectual property or proprietary rights.
Section 17. Entire Agreement
These Terms constitute the entire agreement between you and Project Source relating to your use of the Services. These Terms supersede any prior understanding or agreement regarding your use of the Services.
Section 18. Contact Us
If you have any questions about these Terms, please email us at [email protected] or contact us at:
Project Source® Toilet, Faucet, Cabinets, Blinds
123 Main Street
Anytown, USA 12345
Thank you for reading our Terms of Service. We hope you enjoy using Project Source!