Terms & Conditions
Please review these terms and conditions, which govern your use of Germantown Hardware, Germantown Hardware's mobile site, and any mobile applications available on your iPhone or Android, and any other site on which these terms and conditions appear (collectively, the “Site” or “Sites”). Your use of any of the Sites constitutes your unconditional agreement to be bound by these terms and conditions and the Privacy and Security Statement (collectively, the “Terms”).
Your use of the Site
Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.
If we determine that a child under the age of 13 has provided personal information to the Site, we will delete that information as soon as practical. If you become aware that a child under the age of 13 has provided such information, please contact us at email@example.com so that we can delete the information.
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Germantown Hardware does not endorse any of the products or services available.
You agree that you will not do any of the following (collectively, the “Code of Conduct”):
Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site
Use the Site or content on or from the Site for any unlawful purpose
Express or imply that any statement you make is endorsed by Germantown Hardware or its subsidiary, parent or affiliate companies
Submit data or information to or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes Germantown Hardware or any third party’s intellectual property rights or other rights; (iii) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (iv) is non-public information about a company or individual without the express written authorization to do so
Engage in spamming, flooding, phishing or other activity intended to gather information unlawfully
Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses and defects
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site
Remove any copyright, trademark or other notices of proprietary rights contained on the Site
"Frame” or “mirror” any part of the Site without Germantown Hardware prior written authorization
Use any robot, spider, site search / retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure, or presentation of the Site or its contents
Harvest or collect information about Site visitors
Take any action that imposes an unreasonable or disproportionately large load on Germantown Hardware infrastructure
Information Posted on the Site
The information and materials on the Site (the “Materials”) are provided for your review in accordance with the Terms. However, the Materials do not necessarily reflect the opinions of Germantown Hardware or any of its affiliates, subsidiaries or agents.
Unless indicated otherwise, most products and services featured on the Site are available directly from or through Germantown Hardware, its subsidiaries or its affiliates. Germantown Hardware endeavors to display and describe its products and services accurately. Germantown Hardware is also improving its products and services and may update the Materials at any time and without notice.
Germantown Hardware cannot and does not guarantee the accuracy or completeness of the Materials, including, without limitation, prices, product images, specifications, dimensions, availability and services. The Materials may contain technical inaccuracies and typographical errors. Products and services are the responsibility of the manufacturer and service provider, respectively and subject to the warranties offered by such manufacturer or service provider.
All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested.
Germantown Hardware and its affiliates and subsidiaries reserve the right, at their sole discretion, to refuse service and to terminate accounts if Germantown Hardware believes in its sole discretion that customer conduct violates applicable law or the Terms, or is harmful to the interests of Germantown Hardware, its subsidiaries, or its affiliates, or for any other reason.
Germantown Hardware and its affiliates and subsidiaries reserve the right to limit the quantity of items purchased per person, per account, per household and per order as determined in their sole discretion. These restrictions may be applied to the same account, same credit card and / or the same billing and / or shipping address.
Receiving an order acknowledgement via email does not guarantee the acceptance of an order.
All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon Germantown Hardware delivery of the items or products to the carrier.
Copyrights, Trademarks and Patents
All software and content on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by Germantown Hardware or its software and content suppliers and licensors. Such software and content is protected by United States and international copyright laws.
The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Germantown Hardware and protected by applicable copyright laws.
Germantown Hardware grants you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on the Site is strictly prohibited. Germantown Hardware and its affiliates, subsidiaries, suppliers and licensors expressly reserve all intellectual property rights in all text, products, technology, content and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to Germantown Hardware or any third party's intellectual property rights.
The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
The names, trade names, logos, service marks, trademarks and trade dress (collectively, "Trademarks") on the Site are registered and unregistered trademarks of Germantown Hardware, Inc. other parties. Use of the Site in no way grants any license or right to use any Trademark displayed on the Site.
Links to Other Sites
The Site may contain links to other websites so that you can learn more about the products available on the Site and have access to other information. These links are provided to you only as a convenience and their presence on the Site does not imply endorsement by Germantown Hardware or its affiliates or subsidiaries of such website or of any association with such websites’ operators.
You agree that Germantown Hardware and its affiliates and subsidiaries are in no way responsible or liable for the availability or content of the websites to which the Site is linked. Germantown Hardware and its affiliates and subsidiaries make no representations whatsoever about any other website you may access through the Site.
Any concerns regarding products or services offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not the Site.
As part of your use of the Site, you may be able to provide comments, feedback, reviews, text and ideas; send messages to Germantown Hardware and other users of the Site; post media, such as photos and videos; and submit other forms of content (collectively, “Content”) to the Site. You agree that Content may be viewed by the general public and you do not and shall not consider such Content to be private, proprietary or confidential. You grant Germantown Hardware and its affiliates, licensees and sublicensees, without any compensation of any kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, publicly display and otherwise use in any way such Content in any format or media (“Content License”). You may not revoke Content for any reason at any time. You agree that any Content you submit may appear on sites other than the site through which you submitted your Content or the website of an entity affiliated with Germantown Hardware. You waive, release and agree not to assert any and all moral rights that you may have in any Content submitted by you to the Site. You agree that Germantown Hardware may use submitted Content in any manner that Germantown Hardware deems appropriate or necessary in its sole discretion. Germantown Hardware and its affiliates reserve the right to edit, modify, abridge or otherwise change any Content you or others submit in their sole discretion.
You agree that you will not use a false or misleading email address, impersonate another person or entity, or otherwise mislead with respect to the origin of any Content you submit, including, without limitation, comments and feedback you submit to the Site. You agree that Germantown Hardware is not responsible for any Content that you submit to the Site.
By submitting any Content to the Site, you warrant and represent that you have the right to use such Content and have the right to permit Germantown Hardware and its affiliates, licensees and sublicensees to use such Content in accordance with the terms of the Content License. You agree not to submit any Content that is owned by someone other than you. You agree not to submit any Content that contains the name, image, likeness or voice of anyone other than yourself without first obtaining permission to submit such Content and to grant the Content License to Germantown Hardware.
If you identify yourself by name in Content you submit or submit Content that contains an image or audio or video recording of yourself, you authorize Germantown Hardware and its affiliates, licensees and sublicensees, without compensation of any kind to you or anyone else, to reproduce, print, publish, translate, modify, edit and disseminate, in any format or media now or hereafter created, your name and such images and recordings in any way Germantown Hardware deems appropriate, in its sole discretion, throughout the world. Such authorization is and shall be perpetual and cannot be revoked by you for any reason.
Germantown Hardware does not guarantee that Content you or others submit will be posted to the Site or become publicly available, and Germantown Hardware does not guarantee that Content posted to the Site will not be offensive, defamatory or otherwise objectionable. Germantown Hardware reserves the right to remove any Content from the Site without notice and in Germantown Hardware’s sole discretion; however, you acknowledge and agree that Germantown Hardware is under no obligation to you to police, monitor or remove Content and Germantown Hardware makes no guarantee with respect to the completeness, accuracy, integrity or quality of Content submitted to the Site.
Digital Millennium Copyright Act
Claims of Copyright Infringement. If you believe any materials accessible on or from the Site (including content submitted by other users) infringe your copyrights, you may request removal of those materials, or access thereto, by submitting a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) to Town & Country Hardware designated Copyright Agent (identified below), which sets forth the following information:
Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work
Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Germantown Hardware to locate the material
Your name, address, telephone number and, if available, e-mail address
A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the law
A statement that the information that you have supplied is accurate and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf
A physical or electronic signature of the copyright holder or authorized representative
The Copyright Agent designated by Germantown Hardware to receive notifications of claimed infringement is:
Germantown Hardware IP Notices
2083 S Germantown Rd
Germantown, TN 38138, USA
Only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support and other communications should be directed to Germantown Hardware Customer service at the contact information listed under “Contact Us”
You acknowledge that if you fail to comply with all of the instructions above, your DMCA notice may not be valid.
Reinstatement Process. If your submitted materials were removed or the access thereof has been disabled and you believe that such materials are not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submitted materials, you may send a counter-notice containing the following information to Germantown Hardware designated Copyright Agent:
Your original or electronic signature
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content
Your name, address, telephone number and, if available, email address; a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or if your address is located outside of the United States, for any judicial district in which Germantown Hardware is located; and that you will accept service of process from the person who provided the original notification of infringement or an agent of such person.
If a counter-notice is received by the Copyright Agent, Germantown Hardware may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days. Unless Germantown Hardware Copyright Agent receives notice from the person who submitted the DMCA Notice that the copyright owner has filed an action seeking a court order to restrain the relevant user from engaging in infringing activity relating to the materials submitted to the Site or Germantown Hardware system or network, Germantown Hardware may replace or restore access to the relevant content in ten (10) to fourteen (14) business days after receipt of the counter-notice, at Germantown Hardware sole discretion.
Disclaimer of Warranties and Limitation of Liability
You assume all responsibility and risk for the use of the site and the Internet in general. The site, the materials and all products and services offered through the site are provided “as is” and “as available” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, Germantown Hardware, all of Germantown Hardware’s subsidiary, parent or related companies, call centers and all of their respective officers, directors, employees, attorneys, agents and representatives disclaim all warranties, express or implied, including without limitation implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
Germantown Hardware and its licensors, suppliers, advertisers, sponsors, agents and representatives do not warrant that your use of the site will be uninterrupted, error-free or secure; that defects will be corrected; or that the site or the server(s) on which the site is hosted are free of viruses, bugs or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement by Germantown Hardware, or Germantown licencors, suppliers, advertisers, sponsors, agents, members or visitors, whether made on the site or otherwise, shall create any warranty.
You expressly acknowledge and agree that Germantown Hardware shall have no liability or responsibility whatsoever for: (1) any unauthorized access to or use of servers on which the site is hosted and / or on which any of your personal information and / or financial information stored therein; (2) any interruption or cessation of transmission to or from the site; (3) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a harmful nature which may be transmitted to or through the site by a third party; and / or (4) any errors, mistakes, inaccuracies or omissions in any materials, or for any loss or damages of any kind incurred as a result of the use of any materials posted, emailed, transmitted or otherwise made available via the site. Germantown Hardware does not warrant, endorse, guarantee or assume responsibility for any hyper-linked site.
You agree that Germantown Hardware and its affiliates, parents and subsidiaries will not be responsible or liable for damages of any kind arising out of your use of the site, including, without limitation, direct, indirect, special, incidental, punitive and consequential damages, and damages resulting from the loss of use, data, profits or business interruption arising from or in any way connected with the use of the site. This also includes delays in being able to use the site, the inability to use the site, or any portion thereof, or any hyperlinked website, whether based on tort, negligence, strict liability or otherwise, even if Germantown Hardware and / or its subsidiaries and affiliates were aware or had been advised of the possibility of such damages. This disclaimer constitutes an essential part of these terms.
You should use your best judgment and exercise caution where appropriate, as with the purchase of any product or service through any medium or in any environment. Your use of the site and any materials provided through the site are entirely at your own risk.
You agree to indemnify, defend and hold harmless Germantown Hardware and its subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sublicensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms, including, without limitation, the Code of Conduct; (2) any allegation that any Content or other material you have submitted or transmitted to the Site infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other intellectual property rights of any party; and / or (3) your activities or omissions in connection with the Site.
Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. Germantown Hardware makes no representation or warranty that Materials and Content on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site in any jurisdiction where all or any portion of the Site might violate any legal requirements and you agree not to access the Site in any such jurisdiction. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
You agree that this agreement and your use of the Site will be governed by the laws of the state of Tennessee. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Memphis, Tennessee, in all disputes (i) arising out of, relating to or concerning this agreement, the Site and your use thereof; (ii) in which the Site and / or this agreement is an issue or a material fact; or (iii) in which the Site or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
You agree to waive, to the fullest extent allowed by applicable law, any claims for punitive or exemplary damages and any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to the Site or this agreement.
Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.
Arbitration is final, binding and subject to limited review by a court. You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against Germantown Hardware or against any of Germantown Hardware subsidiary, parent or affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.
You must first present any claim or dispute to Germantown Hardware by contacting the Customer Care Center to allow Germantown Hardware the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted with the rules of a Nationwide Arbitration Organization as modified by this agreement. You and Germantown Hardware agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Memphis, Tennessee, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a class wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.
Any arbitration shall be confidential, and neither you nor Germantown Hardware may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
All administrative fees and expenses of arbitration will be divided equally between you and Germantown Hardware. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.
You agree that Germantown Hardware may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that Germantown Hardware will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.
You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to Germantown Hardware through the Site may be subject to legal process (e.g., a subpoena) by Germantown Hardware or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that Germantown Hardware will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that Germantown Hardware may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered or otherwise disclosed.
Germantown Hardware’s performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of Germantown Hardware right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by Germantown Hardware with respect to such use.
You agree that Germantown Hardware may change the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.
You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and Germantown Hardware as a result of these Terms or your use of the Site.
Any rights not expressly granted to you herein are reserved by and to Germantown Hardware, its affiliates, subsidiaries and licensors, and other third parties.
The Terms and the applicable terms of sale constitute the entire agreement between you and Germantown Hardware with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and Germantown Hardware with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by Germantown Hardware or it is physically signed in blue ink by an executive officer of Germantown Hardware.
Any actual or alleged waiver by Germantown Hardware of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.
A printed version of this agreement and / or any notice given by Germantown Hardware in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Germantown Hardware in printed form.
If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.
Additional Terms and Conditions for Registered Users
You can register as a user of the Site and become a registered user (a “Registered User”). Becoming a Registered User gives you access to additional services and functionalities available on the Site (collectively, “Registered Services”), and the following terms and conditions apply to your use of the Registered Services (the “Additional Terms”). The Additional Terms are in addition to and not in lieu of the Terms. The Terms and the Additional Terms govern the relationship between you and Town & Country Hardware concerning your use of the Registered Services. Only to the extent there is a conflict or inconsistency between the Terms and the Additional Terms, the Additional Terms shall control. If you do not agree with any of the Additional Terms, you are free to discontinue use of the Registered Services.
Registration. You can become a Registered User by registering with the Site to create an account (both a registered account through the Site and a rewards account with the Town & Country Hardware rewards program, an “Account”). Purchases made online while logged into your account will allow Germantown Hardware to register and record your purchases for you, giving you access to product purchased, price, date of purchase and additional information, such as the HVAC filter sizes you have bought.
Tracked Purchases - Germantown Hardware will track all of the purchases that you make online while logged into your Account. Online transactions are called “Tracked Purchases.”
Submissions - As a Registered User, you may be able to review your Tracked Purchases.
Communications From Germantown Hardware - By becoming a Registered User, you agree and opt in to receive general and targeted advertising, marketing materials and other communications, including email from Germantown Hardware and its subsidiaries and affiliates. For example, if your Account contains information about a plumbing project, Germantown Hardware may send you information on plumbing projects and products.
Username and Password - As part of the registration process, you will be asked to select a username and password. Germantown Hardware may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion. You agree not to transfer, resell, share, allow unauthorized persons to use, or otherwise facilitate access to or use of the Site through your Account. If you have reason to believe that your Account is no longer secure, you must promptly change your password on your Account and immediately notify Germantown Hardware of the problem by contacting Germantown Hardware Customer Service at CustomerService@GermantownHardware.com You are entirely responsible for maintaining the confidentiality of your username and password and any and all activities (including purchases) that are conducted through your account.
Your Submissions - For any Submissions that are covered by any intellectual property rights (“IP Content”), you grant Germantown Hardware a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use those Submissions (“IP License”) as Germantown Hardware sees fit in its sole discretion. The IP License ends when you delete your IP Content from your Account, unless your IP Content has already been used outside your Account or shared with others and they have not deleted it. You understand and agree that deleted IP Content may persist in backup copies of your Account, but deleted IP Content will not be available for your use or review from your Account once it has been deleted. You agree that Germantown Hardware and its affiliates and agents may use your name, email address, telephone number and / or Rewards Card to access, review, edit and modify your Submissions, Tracked Purchases and other information associated with your Account. This allows us to enhance your shopping experience and assist you in obtaining the products and services appropriate for your needs.
Tracked Purchases - You acknowledge and agree that Germantown Hardware owns all the data and information concerning your Tracked Purchases. Germantown Hardware may make your Tracked Purchases available to you for viewing through your Account. Germantown Hardware will continue to own all of the data and information concerning your Tracked Purchases even if your Account is deactivated for any reason.
Deactivation of Your Account - Germantown Hardware reserves the right in its sole discretion to remove or delete any or all material from your Account or the Site at any time. Germantown Hardware may also deactivate your Account for any reason and in its sole discretion. Deactivation of your Account for any reason, including at your request or as a result of account inactivity, may result in all data and information uploaded or submitted by you or by Germantown Hardware, regardless of source, no longer being accessible to you, even if you decide to open a new Account. You acknowledge and agree that Germantown Hardware has no obligation to make a copy, electronic or otherwise, of your Submissions or Tracked Purchases available to you at any time, including, without limitation, upon deactivation of your Account for any reason.
Termination of Service. Germantown Hardware reserves the right to terminate your access to and use of the Rewards Program, your Account and the Registered Services, or any portion thereof, without liability, at any time and for any reason, with or without cause, and without notice to you. Upon deactivation of your Account or termination of the Rewards program or the Registered Services, or upon your violation of the Additional Terms or the Terms, your right to use the Site and any portions of the Site, including Registered Services, will immediately cease.
Making Purchases - If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Your Account will provide you a location to store some of your information and allow you to make a future purchase without reentering all your information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
Rewards Program Is Intended Only for U.S. Residents. The Rewards Program is solely directed to individuals residing in the United States. Germantown Hardware makes no representations that the Rewards Program and any content or functionality available through the Rewards Program and its associated features are appropriate or available for use in other locations.
Privacy & Security Statement
Germantown Hardware respects your privacy. Our Privacy Statement applies to personal information we collect on our site GermantownHardware.com and other official Germantown Hardware sites (the “Site”), including mobile sites, that link to this Privacy Statement, any official Town & Country Hardware survey forms, applications, and contest entry forms on third-party sites that link to this Privacy Statement, and official Germantown Hardware mobile applications that link to this Privacy Statement (the "Mobile Applications). The term "Site" also does not refer to our current ad pages featuring our local affiliate stores. In some cases, a website or online service linked to our Germantown Hardware.com sites may be covered by a specific Privacy Statement that details privacy practices specific to that website or online service.
This Privacy Statement describes the types of personal information we collect on the Site, how we may use that information and with whom we may share it. The Privacy Statement also describes the measures we take to protect the security of the personal information. We also tell you how you can reach us to ask us to update your preferences regarding how we communicate with you or answer any questions you may have about our privacy practices.
Information We Collect
You may choose to provide us with personal information (such as name, contact details and payment information), such as:
Contact information, such as your name, address, telephone number, and email address, and your title or occupation.
Login and access credentials (such as username and password) for your Germantown Hardware account.
Payment information, such as your payment card number and expiration date.
Date of birth.
The geolocation of your device (such as if you opt to use the "Find Near Me" feature of the mobile-optimized portion of our websites or our Mobile Applications).
The unique ID number that may be associated with certain Germantown Hardware accounts.
Certain information about your Germantown Hardware purchases returns or exchanges.
Personal information in communications and other content you submit, such as photographs, product information and details about your projects and property.
Social media IDs, such as for Facebook or Twitter
Personal information you submit about your business to Germantown Hardware
Information We Collect by Automated Means
Cookies are files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings on your device. Our Site may use HTTP cookies, HTML5 cookies, Flash cookies and other types of local storage (such as browser-based or plugin-based local storage). Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. You also may be able to delete your Flash cookies or adjust your Flash cookie settings by visiting the Adobe Flash Website Storage Settings Panel and Global Storage Settings Panel. Please note, however, that without cookies you may not be able to use all of the features of our Site or other websites and online services.
We may use third-party Web analytics services on our Site, such as those of Google Analytics. These service providers use the technology described above to help us analyze how users use the Site. The information collected by the technology (including your IP address) will be disclosed to these service providers, who use the information to evaluate your use of the Site. To learn about opting out of Google Analytics, please click here.
We may use the information collected through automated means to provide a better shopping experience and for market research, data analytics and system administration purposes, such as to determine whether you've visited us before or are new to the Site, and for compliance with our legal obligations, policies and procedures. We also may use this information to target custom content and ads to you on this and other websites, including as described in the Interest-Based Advertising section below.
Information Collected Automatically by the Mobile Applications
If you elect to install the Mobile Applications, the information we collect may include the following:
Your geographic location, including within a Germantown Hardware's store and the surrounding area.
Information about your use of the Mobile Applications.
The type of device you use and its operating system.
Identification details of your device (e.g., unique device identifier).
Your use of mobile coupons.
This information will allow push notifications and other targeted marketing designed specifically for your shopping preferences such as special offers based upon areas in which you may be shopping in the store, and shopping lists with specific items located for your convenience when you are shopping a particular store, as well as for other in-store mapping and routing services. It also may be used for the other purposes specified in this Privacy Statement.
Data about your activities online is being collected on our Site for use in providing advertising tailored to your individual interests. You may choose whether or not to have your information collected for that purpose. This section of the Privacy Statement provides details and explains how to exercise that choice.
You may see certain ads on other websites because we participate in advertising networks administered by third parties. These networks track your online activities over time by collecting information through automated means, including through the use of the technologies described in the Information We Collect By Automated Means section above, and they use this information to show you advertisements that are tailored to your individual interests. The information they collect includes information about your visits to our Site, such as the pages you have viewed. This collection and ad targeting takes place both on our Site and on third-party websites that participate in the ad network, such as sites that feature advertisements delivered by the ad network. This process also helps us track the effectiveness of our marketing efforts.
How We Use the Information We Collect
We may use the information we collect through the Site to:
Provide, administer, and communicate with you about products, services, events and promotions (including by sending you newsletters, coupons and other marketing communications).
Process, record and track your purchases, payments and rebates.
Process, evaluate, and respond to your requests, inquiries and applications.
Manage our customer information databases.
Administer contests, sweepstakes and surveys.
Create, administer, and communicate with you about your accounts.
Customize your experience with our Site.
Provide you with in-store navigation and mapping services.
Allow you to find locations near you.
Operate, evaluate and improve our business (including developing new products and services; managing our communications; performing market research, data analytics and data appends; determining and managing the effectiveness of our advertising and marketing; analyzing our products, services and Site; administering our Site; and performing accounting, auditing, billing, reconciliation and collection activities).
Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure and quality.
Comply with and enforce applicable legal requirements, industry standards and our policies and terms, such as our Terms and Conditions of Use.
We also may use the information in other ways for which we provide notice at the time of the collection.
Sharing of Information
We may share personal information we collect on the Site with certain service providers, some of whom may use the information for their own purposes. We also may share your information among our affiliates, joint marketing partners and companies that fulfill orders placed with us, who may send you marketing information. In addition, we may share personal information we collect on the Site at your request.
We may disclose information about you (i) if we are required to do so by law, regulation or legal process, such as a court order or subpoena; (ii) in response to requests by government agencies, such as law enforcement authorities; or (iii) when we believe disclosure is necessary or appropriate to prevent physical, financial or other harm, injury or loss; (iv) in connection with an investigation of suspected or actual unlawful activity; or (v) to assist in collecting debt owed by you.
We reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including, without limitation, in the event of a reorganization, dissolution or liquidation). Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Statement.
Where applicable, you may amend your preferences regarding how we communicate with you by updating your profile within your Germantown Hardware account, using the settings pages on certain websites or contacting us as described in the How to Contact Us section below.
To be removed from all of Germantown Hardware.com’s official email, telephone and postal mail marketing, choose one of the following options: email customersupport@GermantownHardware.com and type "REMOVE FROM ALL MARKETING" in the subject line, send your request by mail to:
2083 S Germantown Rd
Germantown, TN 38138, USA
For any of these options, please include your name, address, phone number and email address in the request, and let us know how you provided us with the information.
Account Profile and Communications Preferences Generally
You may access the profile page of certain accounts you maintain on our Site to modify certain personal information associated with your profile and indicate certain communications preferences.
Where applicable, you may amend your preferences regarding how we communicate with you through email by clicking on the "unsubscribe" link in an email you receive from us, by updating certain subscriptions within certain Germantown Hardware accounts, within settings pages or by contacting us as described in the How to Contact Us section below.
To stop collection of information by the Mobile Applications, delete the applications from your device. To stop only the collection of information from the geolocation services available on your device (such as your device's GPS functionality), use your device's settings to deactivate the Mobile Applications' access to those services.
Do Not Track
We do not process or respond to "Do Not Track" signals from your browser or other mechanisms that enable consumer choice regarding the collection of personal information about one's online activities over time and across third-party websites or online services.