1. GENERAL PROVISIONS.

1.1 Definitions. The following definitions apply to these Terms:

(a) “Products” mean products, including building materials and supplies, that may be offered for sale by Warehouse ‘71 on the Website.
(b) “Website” means the website located at https://warehouse71diy.com/ (including any corresponding mobile rendering) or any alternate website address used by Warehouse ‘71 to offer Products.
(c) “You” (capitalized or uncapitalized) means (i) a visitor to the Website, or (ii) a buyer of Products offered through the Website.

1.2 Updates to these Terms. Warehouse ‘71 may update these Terms at any time without any prior notice to you. Warehouse ‘71 may notify you of the updated Terms by any reasonable means, including by posting the revised Terms on the Website. Such updated Terms will apply to your use of the Website after the date on which Warehouse ‘71 has posted the updated Terms or otherwise notified you of such changes. By continuing to use or access the Website or by purchasing any Products after Warehouse ‘71 posts or otherwise notifies you of any change, you accept such updated Terms. The “Last Updated” legend at the end of these Terms indicates the date on which these Terms were last updated.

1.3 Promotional Terms. We may, from time to time, offer certain promotional activities or benefits, in accordance with different or additional terms (such terms, the “Promotional Terms”). For the duration of such promotion, if these Terms are inconsistent with Promotional Terms, the Promotional Terms will control.

2. ORDERING.

2.1 Order Placement. You can place an order for Products by following the instructions on the Website (“Order”). You must pay for Orders using a credit card, or another permitted payment method listed on the Website. We will email you an order confirmation after we have received your Order (“Order Confirmation”). An Order Confirmation or processing of your Order does not constitute acceptance of your Order. All Orders are subject to our acceptance, and no contract for the purchase of Products will be formed until your Order is accepted by us by delivering the Product to you, even if your credit card is authorized or actually charged at the time of Order Confirmation or thereafter.

2.2 Order Quantities. Products listed on the Website are offered for sale on a first-come first-served basis until we exhaust our stock. Your Order must comply with any “minimum quantity” or “required multiples” requirement that is listed on the Website.

2.3 Order Validation. We reserve the right to reject any Order you place with us, or to limit quantities on any Order, even after we send you an Order Confirmation or charge your credit card, at our sole discretion for various reasons, including if:

(a) you do not accept these Terms;
(b) we are unable to process the payment for your Order;
(c) the Product you have ordered is not available or will not be available at our store location within a reasonable time;
(d) the information you provided to us for the purchase is incomplete or inaccurate;
(e) there are any errors in your Order or your connection to the Website; or
(f) if we provide shipping for your Order and you do not provide a valid shipping address within a geographic area in which we offer the Products.

If we reject your Order, we will attempt to notify you using the e-mail address that we have on record for you. If we reject an Order after a charge has been made against your credit card, we will issue a refund.

2.4 Order Cancellation. You may request cancellation of your Order on the Website or by sending an email to customerservice@warehouse71diy.com. While our goal is to process cancellation requests within two business days of our receipt of a request, we make no representation that a request to cancel your Order will be processed before it is picked up or shipped. Orders cannot be cancelled after a part or all of the Products corresponding to the Order have been shipped. The time for you to receive the refund, if applicable, will depend on the payment method used by you and the method by which you are receiving the refund, and may take between seven (7) to fifteen (15) days.

2.5 Customer Account. We may require you to create an account and be logged in to your account to be able to place an Order on the Website. To register, you must provide us with current, complete, and accurate information as prompted by the registration form and you will need to choose a user name and password. You are solely responsible for maintaining the confidentiality of your username and password for the account. You may not use anyone else’s username or password or permit others to use yours. You must notify us immediately of any suspected unauthorized use of your account or any inaccuracy in your registration information. You may be liable for losses, damages, liability, expenses, and fees incurred by Warehouse ‘71 or a third party arising from an unauthorized use of your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account. We may also suspend or terminate your account if, in our sole discretion, we believes: (a) you have violated these Terms; (b) you have violated any applicable law in connection with your use of the Website; (c) your continued use of the Website may endanger your health and safety or the health and safety of others; or (d) you have communicated or acted in an inappropriate, offensive, or discriminatory manner towards any Warehouse ‘71 employee or third-party.

3. PICKUP, SHIPPING AND RETURN POLICY.

3.1 Pickup. When you place your Order, you will select a pick-up time (“Pickup Time”) to pick up your Order from our store location shown on the Website. While we will make all efforts to ensure that your Order is processed and readying for pickup at the Pickup Time, there may be a minor delay. We may change the Pickup Time with reasonable notification using the contact information that you provided during the Order placement. We may also cancel the Order after a Pickup Time is assigned if we are not able to validate your Order in accordance with Section 2.3. When you arrive at the designated pickup location at the Pickup Time, follow the directions for the store’s pickup area. Title to the Products and the risk of loss pass to you when you pick up your Order at the store’s pick-up area. You will be notified at the time of your pickup whether any items in your Order were not available and whether substitutions have been made. You can reject any substitutions at that time by notifying the store associate. To pick up your Order, we may ask you to present your governmentally issued photo identification and the payment card used for your Order. If possible, please have a secondary credit card with you in case your original payment method was rejected. We may cancel your Order if you fail to pick up your Order within 30 days after the Pickup Time, unless you have rescheduled. If we cancel your Order, we will refund your payment in the same manner paid..

3.2 Returns. All Products sold on our Website are a “final sale”. WAREHOUSE ’71 DOES NOT CURRENTLY ACCEPT ANY RETURNS.

4. YOUR REPRESENTATIONS. You hereby represent and warrant the following:

(a) You will not purchase Products solely for the purpose of reselling them to third-parties;
(b) You are located in the United States and are at least 13 years old;
(c) You will use the Website only for purposes that are permitted by these Terms and by applicable law. You will not use the Website to engage in any unlawful behavior, to cause damage, harassment, nuisance, annoyance or inconvenience to us or any third-party or otherwise in a manner that may impair the reputation of Warehouse ‘71. You will not intentionally damage or adversely affect the Website, including by means of introducing a virus, breaching any security protocols or spamming the Website;
(d) You will not reverse engineer, use or access the Website in order to (a) build a competitive product, website or service, or (b) copy any ideas, features, functions, content or graphics from this Website;
(e) You will not “mirror” the contents of the Website though the use of HTML frames or other means to display such content on another website or document; and
(f) You will immediately notify us if you become aware of or suspect unauthorized access to your account.

5. USER CONSENTS.

5.1 Electronic Communications. To keep you updated regarding the Order and delivery status of any Products that you ordered through the Website, or otherwise in connection with your use of the Website, we may need to get in touch with you from time to time. Warehouse ‘71 may contact you using SMS text messages, phone call, email, or other similar means. You may incur data, call-time or SMS charges from your communications providers in connection with such communications from Warehouse ‘71. Further, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing.

5.2 Personal Information. You understand that to provide you the ability to order Products using the Website, Warehouse ‘71 needs to collect, and store certain information related to you, including your name, your payment information and your address. You hereby consent to Warehouse ‘71’s collection and storage of such information in connection with your use of the Website and your purchase of Products.

5.3 Website Usage Information. You acknowledge that when you use the Website, Warehouse ‘71 may use automatic means (e.g., cookies, web beacons and session replay software) to collect information about how you interact with and use this Website and possible other websites. You consent to the collection of such information by Warehouse ’71, even if such information is deemed to be “communication” with Warehouse ’71.

5.4 Mobile Website. If you access the Website using your mobile device or place on Order on your mobile device, you agree and acknowledge that we may collect certain additional information related to your mobile device, including its location, to enable certain features of the Website that are accessible on your mobile device.

6. INTELLECTUAL PROPERTY.

6.1 Warehouse ‘71’ Intellectual Property. Warehouse ‘71 shall continue to own and retain all right, title, and interest, including all related patents, copyrights, trademarks, trade dress, trade-secrets, know-how and other registered or unregistered intellectual property rights, in and to technology, process, content or materials used for or which abides in the Website or the Products. You will not copy, reproduce, or disclose any of Warehouse ‘71’s content available on the Website, including any branding or logos.

6.2 Feedback and Improvements. Warehouse ‘71 shall have the full right and license to use any feedback, suggestions, comments, ideas or the like received from you for improvements to the Website, Products, Warehouse ‘71’s business operations or for any other business purpose. Any alterations, changes, modifications, enhancements, additions, restructuring or deletions made to, or derivatives of or other products derived from, or as a result of any such feedback shall be the sole and exclusive property of Warehouse ‘71, together with all intellectual property and other rights therein.

7. TERM AND TERMINATION.

These Terms will become effective on the date you accept them by clicking “Accept”, “I agree”, or a similar button on a webpage or through another acceptable means. These Terms will be applicable to you for the duration that you access or use the Website. Warehouse ‘71 may, at its sole discretion, at any time without prior notice to you: (1) change, restrict access to, suspend, or discontinue the Website or any portion of the Website; or (2) add, remove or modify any services or functionality that is available through the Website (including the ability to place an Order).

8. OUR WARRANTIES AND DISCLAIMERS; LIMITATION OF LIABILITY.

8.1 Warranties and Disclaimers Related to the Website. OUR WEBSITE, ITS CONTENT AND ALL PRODUCTS SOLD ON OUR WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE. Without limiting the generality of the foregoing, Warehouse ‘71 specifically disclaims the following:

(a) Prices, quantities and availability of Products on the Website are subject to change without notice. Errors, if any, in the information provided on the Website will be corrected upon discovery. You may, as your sole remedy, cancel an Order, prior to its pick-up or shipment, if you have placed such Order based on an inaccurate description on the Website. If your credit card has already been charged for the purchase and your Order is canceled, we shall issue a refund to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If a Product has been shipped or you receive a Product that is not as described (or that you did not order), your sole remedy is to notify us within the Return Period and we will in our sole discretion provide you with a reasonable substitute. We may also refuse or cancel any Orders placed using an incorrect description on the Website, whether or not you have received an Order Confirmation or your credit card has been charged.
(b) All Products are delivered to you “as-is” and “as-available”. Warehouse ‘71 does not make any warranties related to the quality of any Product that has been delivered to you;
(c) We maintain our Website using a commercially reasonable level of skill and care, however we do not warrant the availability of the Website for any period of time, the accuracy of the content available on the Website or the confidentiality and security of any data provided by you to us on the Website;
(d) If your order is being picked up, Warehouse ‘71 does not warrant that your Order will be ready for pickup during the Pickup Window. If we provide shipping for your Order, you acknowledge that shipping delays may result from circumstances not in Warehouse ‘71’s reasonable control, including, without limitation, due to adverse weather conditions, shipper issues, or due to your acts or omissions;
(e) While we make commercially reasonable efforts to help you load Products on to your transport vehicle if your order is being picked up, you are responsible for securing the Products appropriately using straps and tie-downs. Warehouse ’71 is not liable for any damage to the Products after you pick them up from the store’s designated pickup area; and
(f) If we offer shipping for your Order, while we make commercially reasonable efforts to package the Products such that there is no damage during shipping, Warehouse ‘71 does not warrant that there will not be any damage to the Products during shipment.  Shipping will be FOB our warehouse, meaning that our responsibility ends when the Products are loaded onto a carrier.

8.2 Limitations on Liability. In no event shall Warehouse ‘71, its affiliates, agents or contractors be liable for any consequential, punitive, incidental, or special damages, whether in any action in warranty, contract, tort, breach of contract, negligence, strict liability, malpractice, or otherwise resulting from your use of the Website or the Products. To the fullest extent provided by applicable law, Warehouse ‘71’s maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, arising from your use of the Website or the Products will not exceed the lower of: (i) the amount you paid to Warehouse ‘71 for the Order to which the claim relates, or (ii) $100.

8.3 Third-Party Links. The Website may from time to time provide links to websites operated by third-parties who are not affiliated with Warehouse ‘71. We do not endorse, take responsibility for, or recommend any products or services offered on these third-party websites. We make no express or implied warranty about the accuracy, appropriateness, legality, or any other aspect of the content provided on such websites. You acknowledge that you will access or use such third-party websites completely at your own risk.

9. FORCE MAJEURE.

We shall be excused from performance under this Terms if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body; (b) any act or omission of a third party, beyond our reasonable control; or (c) any other circumstance beyond our reasonable control, including an emergency condition, war, riots, epidemics, pandemics, or persistent computer or telecommunications failures.

10. INDEMNIFICATION.

You hereby agree to indemnify, defend, and hold harmless Warehouse ‘71 and its affiliates, employees, contractors, and agents from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, suits, fees (including attorneys’ fees and expert fees), and costs of any kind whatsoever arising directly or indirectly out of or in connection with: (1) your use of the Website and Products (including your submission of any information to Warehouse ‘71 through the Website); (2) any claims related to your violation of these Terms or any policy set forth in these Terms or otherwise communicated to you; (3) your violation of any applicable laws and regulations resulting from your use of the Website, your Order, or use of the Products; or (4) your violation of the rights of any third party, including other customers of Warehouse ‘71.

11. DATA PRIVACY POLICY.

Warehouse ‘71’s notice of privacy practices (available at https://warehouse71diy.com/privacy-policy/)(“Privacy Policy”) describes how any information that you submit to us may be used and disclosed and how you can get access to such information. We reserves the right to modify our Privacy Policy from time to time.

12. PARENTAL CONTROL PROTECTION.

As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, and SurfWatch. We do not sponsor or endorse or control any of these or similar companies or their services.

13. PAYMENT PROCESSOR.

Warehouse ‘71 may use a third-party payment processor (the “Payment Processor”) in connection with your payments made on the Website, in which case your use of the Website will also be subject to the terms, conditions, and privacy policies of the Payment Processor. Your access or ability to make purchases on the Website may be suspended or you may incur additional charges from the Payment Processor or Warehouse ‘71 if your billing contact information is incorrect or not updated in our records. Warehouse ‘71 is not responsible for any damages arising out of (i) any account suspensions resulting from your incorrect billing contact information, or (ii) any errors or omissions by the Payment Processor or by your credit card issuer.

14. DIGITAL MILLENNIUM COPYRIGHT ACT.

Warehouse ‘71 respects your and any third-party’s intellectual property and attempts to comply with all relevant laws. Warehouse ‘71 will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any “Notification of Claimed Infringement” which may be given under that Act is as follows: connect@warehouse71diy.com
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

15. GOVERNING LAW; MANDATORY ARBITRATION.

15.1 Governing Law. Any disputes arising in connection with Website, Products, these Terms or any other agreement between you and Warehouse ‘71, shall be governed by and construed and enforced solely and exclusively in accordance with the Federal Arbitration Act, applicable federal arbitration laws and laws of the State of Illinois, without regard to its conflicts of law principles.

15.2 Mandatory Arbitration. You and Warehouse ‘71 both agree to provide a written notice of any disputes to the other party at its notice address (or an address provided in writing to the other party) and try to resolve any such disputes in good faith thereafter. If the dispute is not resolved, within 30 days of a party providing notice to the other party, both parties agree that the dispute will be resolved through individual, non-representative, binding arbitration held in English, instead of a proceeding in courts of general jurisdiction. Any such disputes will be decided by a single arbitrator and will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures and as modified by this agreement to arbitrate. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Warehouse ‘71 that an in-person hearing is appropriate. Any in-person appearances will be held at Chicago, Illinois, USA. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction. Each party will be responsible for its respective costs, including costs related to its respective attorneys, experts, and witnesses.

15.3 Waiver of Right to Jury Trial and Class Action. YOU AND WAREHOUSE ‘71 EXPRESSLY WAIVE YOUR RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.

16. MISCELLANEOUS.

16.1 Assignment. Your obligations and rights under these Terms may not be assigned, in whole or in part, without Warehouse ‘71’s prior written consent. These Terms will be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties.

16.2 Severability. If any part of these Terms become becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of the Terms will remain in full force and effect.

16.3 Survivability. The rights, obligations, and commitments in these Terms that, by their nature, would logically continue beyond the termination of your use of or access to the Website or the Products (including, without limitation, Sections 6, 8, 10, 15 and 16) survive termination of these Terms.

16.4 No Third-Party Beneficiaries. Except as expressly stated, no provisions of these Terms create any third-party beneficiary.

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EFFECTIVE AND REVISED 10/25/2022