Terms of Service

These Terms of Use govern your use of this website, your relationship with us and any orders you submit. Please read them carefully.

  1. Intellectual Property:  All marks indicated on our site are trademarks owned by or licensed to us or its affiliates ("we," "us," or "our"). All content on this website, including, without limitation, the text, graphics, website design, icons, and images, is the property of or licensed to us and we own or license the copyrights and trade dress rights in the content, the selection, arrangement and compilation thereof. We grant you a limited license to make personal use of this website. The license permits you to download and save a single copy of pages on this website for your own personal and non-commercial use, but any other reproduction, copying, modification, redistribution, or republication of any of the content of this website in any manner without express written consent from us is strictly prohibited. You are also prohibited from using this website or any content for any resale or commercial purpose or any exploitation of any part of the content of this website for the benefit of any other merchant.
  2. Acceptance and Delivery: We shall not be responsible for any delay in our performance beyond our control or beyond the control of our suppliers. The parties agree that, unless otherwise agreed to in writing and signed by both parties, shipping dates are approximate and that time is not of the essence. All orders by you constitute offers to purchase which are subject to acceptance or rejection by us. Our acceptance of any order from you is expressly conditional upon the terms and conditions set forth herein and we expressly limit our acceptance of your order to such terms and conditions. Any additional or different terms proposed by you, whether oral, written or electronic are expressly rejected. 
  3. Payment Terms: Payment terms shall be governed by the terms on the packing slip or invoice.  We agree and acknowledge that you tender payment for each order and we are authorized to charge your credit card or other charge account (whether we are or a third party is the creditor) only as of the day we ship the order and only in respect to the merchandise shipped. We have no authorization or right to payment prior to the day we ship the merchandise ordered by you.
  4. Warranty and Risk of Loss Warranty and Risk of Loss: We shall, at our election, either repair, replace, or refund the purchase price, exclusive of shipping and handling charges, for any merchandise which is defective in workmanship or material and for which you make a claim within five (5) days after receipt of the merchandise. When making such a claim, you must submit both the original packing slip and the defective merchandise itself (or a sample thereof), unless these conditions are waived by us in writing. This paragraph constitutes our sole obligation as to the merchandise, and you acknowledge that this paragraph sets forth your exclusive remedy for any breach of warranty or other duty related to the merchandise or quality thereof. Any refund for merchandise shall not include shipping and handling, unless otherwise agreed by us in writing. At our discretion, we may charge a restocking fee, not to exceed twenty-five percent (25%) for returned merchandise. Title to the merchandise passes to you at, and you bear all risk of loss from, the time the merchandise is loaded onto common carrier to be shipped to you, regardless of whether we pay freight. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OR WITH RESPECT TO ANY APPROVALS, CHARACTERISTICS, CERTIFICATIONS, INGREDIENTS, BENEFITS, USES, STANDARDS, QUALITY OR GRADE OF ANY MERCHANDISE, OR ARISING BY CUSTOM OR TRADE USAGE AND, SPECIFICALLY, MAKE NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE MERCHANDISE ARE HEREBY SUPERCEDED, EXCLUDED AND DISCLAIMED. THE EXPRESS WARRANTY CONTAINED IN THIS PARAGRAPH CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY MADE BY US AND IS IN LIEU OF ALL OTHER WARRANTIES. IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF THE SAME IN ADVANCE. OUR AGGREGATE LIABILITY IN ALL CASES IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU.
  5. Product Descriptions: We periodically add, change, modify and update our catalogs and website, including without limitation these Terms of Use without prior notice. We try to be as accurate as possible, but make no warranties or representations that (a) the content, including product descriptions, prices and depictions, are accurate, complete, reliable, current or error-free, (b) any merchandise has any particular approvals, certifications, characteristics, uses, ingredients, or benefits, or (c) any merchandise is of or meets any particular standard, certification, quality or grade. We assume no liability with respect to any of the forgoing. If a product purchased is not as described or expected, your sole remedy is to return it in unused condition.
  6. Non Waiver of Defaults: Each shipment made under any order shall be treated as a separate transaction, but in the event of any default by you, we may decline to make further shipments without in any way affecting our rights under such order. If, despite a default by you, we elect to continue to make shipments, or accept further orders from you, such action(s) shall not constitute a waiver of any default by you, or in any way affect our legal or equitable remedies for any such default, or of any default at any prior or subsequent time. Any refund, credit, gift certificate or discount due you may be offset against amounts owed to us.
  7. Dispute Resolution: You agree that any action brought by you to resolve any claim, dispute or controversy of any nature arising out of or related to any order or transaction between you and us or any merchandise sold or distributed by us or any policy, statement, representation, advertisement, promotion, offer, customer information of ours, or these Terms of Use shall be brought in a court of competent jurisdiction in Lake County, Indiana and you hereby consent to the exclusive jurisdiction of such courts. ALL SUCH CLAIMS, DISPUTES OR CONTROVERSIES SHALL BE RESOLVED INDIVIDUALLY AND NOT AS PART OF ANY CLASS ACTION OR CLASS ARBITRATION AND THE RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS PROCEEDINGS IS SPECIFICALLY WAIVED BY YOU.
  8. Compliance with Laws and Indemnification: If you intend to resell, distribute or export any product, you agree to bear all responsibility for compliance with the laws, rules and regulations of the jurisdiction in which the product is resold or to which the product is distributed or exported, and you agree to indemnify, defend and hold us harmless from and against any and all costs, damages, liability, fines, penalties and expenses (including attorney fees) arising out of any such resale, distribution or exportation.
  9. Electronic Communications: WHEN YOU PROVIDE US WITH YOUR EMAIL ADDRESS OR TELEPHONE NUMBER, SEND US EMAILS OR VISIT OUR WEBSITE OR SOCIAL MEDIA CHANNELS, YOU ARE COMMUNICATING WITH US ELECTRONICALLY AND CONSENT TO RECEIVE COMMUNICATIONS FROM US ELECTRONICALLY. WE MAY COMMUNICATE WITH YOU BY TELEPHONE, EMAIL, TEXT, FACSIMILE, SOCIAL MEDIA OR BY POSTING NOTICES ON OUR WEBSITE. YOU EXPRESSLY CONSENT TO RECEIVE ANY SUCH COMMUNICATIONS, YOU CONSENT TO OUR COLLECTION, RECORDING, USE AND STORAGE OF YOUR NAVIGATION (INCLUDING BROWSING HISTORY) AND USE OF OUR WEBSITE, AND AUTHORIZE US TO DELIVER OR CAUSE TO BE DELIVERED ADVERTISEMENTS OR TELEPHONE MESSAGES USING AUTOMATIC DIALING SYSTEMS OR PRERECORDED VOICE TO THE TELEPHONE NUMBERS YOU PROVIDE, AND YOU HEREBY WAIVE ANY CLAIMS BASED ON SUCH COMMUNICATIONS. YOU AGREE THAT ALL NOTICES, DISCLOSURES, AGREEMENTS OR OTHER COMMUNICATIONS WE PROVIDE ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
  10. User-Generated Content You may submit content including, but not limited to, textual material, photographic images, graphics, artwork, drawings, written material, audio, video, plans, patterns, designs, ideas, concepts and other creative material (the "Content") on our website or social media (the "Site") subject to these terms of use, our privacy policy and the Content Contributor Terms applicable to each submission of Content. By submitting Content, you represent and warrant that you have all rights and authority necessary to grant, and do hereby grant to us and our affiliates, representatives, and assigns a non-exclusive, fully-paid, royalty-free, transferable, perpetual, worldwide license to display, publicly perform, distribute, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your submitted Content (or any portions or derivative works thereof) in any manner, in any medium now known or hereinafter developed, for any purpose.
    You represent and warrant that the Content you post or submit is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and that you will indemnify us for all claims resulting from Content you supply. We take no responsibility and assume no liability for any Content posted by you or any third party.
    You understand and agree that we do not necessarily pre-screen or monitor any user Content but may prescreen, monitor or review after initial posting user Content for a variety of reasons, including, without limitation, compliance with these terms. We reserve the right, but have no obligation, to remove or edit Content that violates these terms, but we do not regularly review posted Content.
  11. Miscellaneous. No amendment, modification or addition to these terms and conditions shall be binding unless expressly agreed to in writing and signed by us. These terms and conditions shall be binding upon you, your permitted successors and assigns, and shall inure to the benefit of us. Any waiver by us of any part herein shall not constitute a waiver of any other part. These terms and conditions shall be construed under and governed by the substantive laws and not the choice of law rules of the state of Indiana. You consent to and agree that any state or federal court in Lake County, Indiana shall have personal and subject matter jurisdiction over you and this Agreement; that Indiana has the most significant contacts with this Agreement, to the exclusion of any other state; and that any legal dispute brought by either you or us relating to this Agreement will be instituted in Lake County, Indiana. You expressly consent and agree to receive communications regarding any order or transaction from us by electronic mail and facsimile.