Terms and Conditions of Use

Welcome to the ColesHomeSolutions.com site. Cole’s requests that you carefully read the Terms and Conditions and our Privacy and Security Policies before using the ColesHomeSolutions.com site. [Official company name here] (Cole’s) provides services to you subject to the following Terms and Conditions and our Privacy and Security Policies without modification.

Use of the Site
ColesHomeSolutions.com may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice.

Information You Submit
No information or material provided to Cole’s by you through the ColesHomeSolutions.com site may contain vulgar, obscene, threatening or otherwise unlawful language or material. By sending any how-to or product information or material, you grant Cole’s an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute materials or information, and you represent and warrant that you own or otherwise control all of the rights to such information or materials and that Cole’s is free to use ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name or we are required to do so by law. Please review our Privacy Policy for a complete description of how we handle personal information submitted in the process of registering on our site.

Cautionary Statement Regarding Forward-Looking Language
Statements made on this site include “forward-looking statements,” as such are provided for by the Private Securities Litigation Reform Act of 1995 (the “Act”). All statements other than those reciting historic fact are statements that could be “forward-looking statements” under the Act. Such forward-looking statements may be found in, among other places, the discussions, presentations, or comments from management regarding Cole’s future operations and performance; proposed new locations, products, services, or developments; conditions or performance of the domestic economy; and any statement of an assumption underlying any of the foregoing. Statements containing words such as “expects,” “plans,” “strategy,” “projects,” “believes,” “opportunity,” “anticipates,” “desires,” and similar expressions are intended to highlight or indicate “forward-looking statements.” Although Cole’s believes that the expectations, opinions, projections, and comments reflected in its forward-looking statements are reasonable, it can give no assurance that such statements will prove to be correct. A wide variety of potential risks, uncertainties, and other factors could materially affect Cole’s ability to achieve the results expressed or implied by such forward-looking statements including, but not limited to, changes in general economic conditions such as interest rate and currency fluctuations, rising gas prices, and other factors which can negatively affect customers, as well as Cole’s ability to: (i) respond to a decrease in the number of new housing starts and the level of repairs, remodeling, and additions to existing homes, as well as a general reduction in commercial building activity; (ii) secure, develop, and otherwise implement new technologies and processes designed to enhance efficiency and competitiveness; (iii) attract, train, and retain highly-qualified associates; (iv) locate, secure, and develop new sites for store development; (v) respond to fluctuations in the prices and availability of services, supplies, and products; (vi) respond to the growth and impact of competition; (vii) address legal and regulatory matters; and (viii) respond to unanticipated weather conditions.

Cole’s may also make employment information available through this site. Cole’s is an equal opportunity employer. Cole’s provides equal employment opportunities to qualified persons without regard to race, color, religion, sex, nation origin, age, veteran status, or disability. Cole’s policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF COLE’S OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

Product Information and Warranties

Links to Other Web Sites

Disclaimer

"Cole's Home Solutions," "Tools. Support.  Solutions.," and "The Best Brand For Your Buck" are registered trademarks of Cole Lumber Company, Inc., in the United States and other countries and may not be used in connection with any product or service that is not Cole’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cole’s.

General
You agree that this

agreement and your use of this site are governed by the laws of the State of Tennessee, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Nashville, Tennessee, USA in all disputes (a) arising out of, relating to, or concerning this site and/or this agreement, (b) in which this site and/or this agreement is an issue or a material fact, or (c) in which this site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Cole’s has endeavored to comply with all legal requirements known to it in creating and maintaining this site, but makes no representation that materials on this site are appropriate or available for use in any particular jurisdiction. Use of this site is unauthorized in any jurisdiction where all or any portion of this site may violate any legal requirements and you agree not to access this site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed and superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

With the prior agreement of Cole’s, any claim, dispute or controversy arising out of, relating to or concerning this site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Nashville, Tennessee, USA. The decisions of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

You agree that Cole’s may at any time and without notice change the terms, conditions and notices under which this site is offered.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Cole’s as a result of this agreement or your use of this site.

Cole’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Cole’s right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by Cole’s with respect to such use.

This agreement and the Privacy and Security Statement constitute the entire agreement between you and Cole’s with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cole’s with respect to this site. No modification of this agreement shall be effective unless it is authored by Cole’s, or unless it is physically signed in blue ink by a Cole’s executive officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Cole’s in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Cole’s in printed form.

All other trademarks not owned by Cole’s or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cole’s or its subsidiaries or affiliates.

Security & Privacy

We respect the privacy of our customers. Please read our privacy policy statement which is designed to help you understand what information we gather online and what we do with that information. Privacy and Security StatementYOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THIS SITE IS PROVIDED BY COLE’S ON AN “AS IS” BASIS. COLE’S AND ITS SUBSIDIARIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COLE’S AND ITS SUBSIDIARIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. COLE’S AND ITS SUBSIDIARIES WITH NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COLE’S OR ANY OF ITS SUBSIDIARIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.The ColeHomeSolutions.com site may contain links to other Web sites so that you may learn more about the products available at Cole’s and other matters that Cole’s feels may be of interest to you. Cole’s is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cole’s of the site or any association with its operators. While Cole’s will make commercially reasonable efforts to ensure that these Web sites will meet your approval, Cole’s does not have control over, and is in no manner responsible or liable for, the availability and content of the websites to which the Cole’s web site is linked. Cole’s makes no representations whatsoever about any other site you may access through ColesHomeSolutions.com. Any concerns regarding any product or service offered by a Web site to which the ColesHomeSolutions.com site is linked or the link itself should be directed to the operator of that specific Web site and not to Cole’s.At Cole’s we carry the “Best Brands for Your Buck.” Unless indicated otherwise, most products and services featured on the site are available directly from or through Cole’s. Cole’s has made a conscientious effort to display and describe its products and services on the site accurately so that you can get a good idea of their design and use, and of the services offered. Furthermore, Cole’s is constantly improving its information, products and services. Consequently, Cole’s cannot and does not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. Products and services are the responsibility of the manufacturer or provider of those services and are covered by the warranties offered by such manufacturers or providers.

Trademarks