Last Updated October 3, 2023.
- Modification of Cancellation of Online Services
- Service Information and Other Information
- Intellectual Property and Ownership; License
- Third-Party Links
- Prohibited Conduct
- Digital Millennium Copyright Act Notice Policy
- Warranty; Disclaimers
- Limitations of Liability
- Dispute Resolution; Arbitration; Prohibition of Class Actions
- Choice of Law
- Modification of Cancellation of Online Services. We reserve the right at any time, with or without notice, to modify or terminate the Online Services or any portion thereof.
- Service Information and Other Information. Clay’s attempts to ensure that information regarding its services is complete, accurate and current. Despite our efforts, such service information, and other information on the Online Services, may occasionally be inaccurate, incomplete, or out of date. We make no representation regarding the completeness, accuracy, timeliness, usefulness or other attributes of such information, and any reliance you place on such information is strictly at your own risk.
Our services are offered subject to our acceptance of your booking request. We reserve the right to refuse service to any request, person or entity, without the obligation to assign reason for doing so.
- Third-Party Links. From time to time, the Online Services may contain links to websites, applications, platforms or services that are not owned, operated or controlled by Clay’s (collectively the “Third-Party Services”). If you use links to Third-Party Services, you will leave the Online Services. ALL SUCH LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND YOUR USE OF THIRD-PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK. Clay’s is not responsible for and does not endorse or guarantee any Third-Party Services, or any products, services, content, or other information available on any Third-Party Services.
- Digital Millennium Copyright Act Notice Policy. Clay’s respects the intellectual property rights of others and asks you to do the same. We comply with the copyright notice and takedown procedures set forth in the Digital Millennium Copyright Act (“DMCA”). It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on our Online Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Online Services where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Clay’s designated agent for notice of copyright infringement is:
Ace Hardware Corporation
2915 Jorie Boulevard
Oak Brook, IL 60523
Email: [email protected]
This email address should only be used to report allegations of copyright infringement. Any other communications should be directed to Clay’s service number. Clay’s reserves the right to disregard a notice that fails to comply with the DMCA. In the event that Clay’s determines that a DMCA notice lacks validity, Clay’s may refuse to remove the complained of content at its discretion. Election by Clay’s to either remove or leave the complained of content does not constitute a legal decision about the validity of your claim of infringement or the possible defenses to a claim. Clay’s may share DMCA notices and counter-notices submitted to us, including your contact information, with others. By submitting such notices, you agree you have no expectation of privacy with respect to your submission.
- WARRANTY; DISCLAIMERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i) CLAY’S HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ONLINE SERVICES (ii) THE ONLINE SERVICES ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE”; and (iii) CLAY’S DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR AVAILABILITY OF THE ONLINE SERVICES. THE ONLINE SERVICES MAY BE OUT OF DATE AND CLAY’S DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE THE ONLINE SERVICES. CLAY’S DOES NOT WARRANT THAT THE ONLINE SERVICES WILL BE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME, OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE FOREGOING EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i) CLAY’S ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, MOBILE DEVICES OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR USE OF, ACCESS TO, OR BROWSING THE ONLINE SERVICES OR YOUR DOWNLOADING, INSTALLATION, OR USE OF ANY SOFTWARE, CONTENT, OR MATERIALS FROM THE ONLINE SERVICES; (ii) IN NO EVENT WILL CLAY’S AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF THE USE OF THE ONLINE SERVICES, SERVICES OFFERED ON THE ONLINE SERVICES, OR ANY WEBSITE, ONLINE OR DIGITAL SITE OR SERVICE LINKED TO OR FROM THE ONLINE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE ONLINE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE ONLINE SERVICES.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- Dispute Resolution; Arbitration; Prohibition of Class Actions. This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, and you and Clay’s each agree that this section is intended to satisfy the “writing” requirement of the Federal Arbitration Act.
YOU AND CLAY’S AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE BETWEEN US IN CONNECTION WITH THE ONLINE SERVICES OR ANY SERVICES OFFERED ON THE ONLINE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND CLAY’S HAVE AGAINST EACH OTHER ARE RESOLVED. You and Clay’s agree that any and all disputes or claims that have arisen or may arise between you and Clay’s in connection with the Online Services shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules and a form for initiating arbitration proceedings are available on the AAA’s website at: www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or Clay’s may elect to have the arbitration conducted by telephone and/or video conference or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone and/or video conference unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law. You and Clay’s agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Clay’s agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect any other person or party. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.