Edelman

Terms of Use

Welcome to Edelmanhome.com. This site is provided by Edelman Plumbing Supply, Inc. (referred to throughout this document as "Edelman" or “we” or “us” or “our”) as a service to our customers subject to the following conditions. Please note that your use of this site constitutes your unconditional and irrevocable agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a particular portion of this site and thereby bypass this agreement, your use of this site still binds you to the Terms.

Privacy

Please review our Security & Privacy Notice, which also governs your visit to Edelmanhome.com, to understand our practices with respect to Edelmanhome.com.

Visitor Online Conduct

You agree to use Edelmanhome.com only for lawful purposes.

You agree to use Edelmanhome.com only for its intended purposes.

Edelman reserves the right to prohibit any conduct involving Edelmanhome.com that it deems to be inappropriate.

You agree not to disrupt Edelmanhome.com, such as by using any device, software or routine that interferes with the proper functioning of Edlemanhome.com.

You agree not to interfere with or compromise the security of Edlemanhome.com.

You agree not to disrupt or interfere with any other user’s use of Edelmanhome.com.

You agree not to collect, record, process or mine information about other users.

You agree not to solicit personal information about children, or to submit or transmit, pornography or salacious or licentious information, material or content.

You agree not to send bulk e-mails, surveys or other mass messages or to engage in keyword spamming.

You agree not to threaten, stalk, harm, or harass others, or promote bigotry or discrimination.

You agree not to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

You agree not to decompile, disassemble or reverse-engineer any part of Edelmanhome.com in order to identify, acquire, copy or emulate any source code or object code.

You agree that you are solely responsible for any actions you undertake, and for the text, images, photos, and all other forms of data or communication that you submit or transmit (“Your Content”) while using Edelmanhome.com. 

You agree that you will comply with all applicable local, state, federal and international laws, rules and regulations applicable to Edelmanhome.com and the Internet, including United States copyright laws and export restrictions.

You agree not to promote a business or any other commercial enterprise or event, or otherwise use Edelmanhome.com for commercial purposes, except as expressly permitted by Edelman.

You acknowledge that, once published, Your Content cannot always be withdrawn.

You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy or reliability, or any disclosure by you of information in Your Content that enables readers to recognize you.

You represent that you own, or have permission to use and authorize the use of Your Content on Edelmanhome.com.

You represent and warrant that all information that you provide to gain access to the services provided by Edelmanhome.com is accurate and truthful.  Please note that you may expose yourself to liability if, for example, Your Content contains materials that is false, misleading, or defamatory, or that violates a third party’s rights, such as copyright, patent, trademark, trade secret, moral right, rights of privacy or of publicity, or any other intellectual-property or proprietary right, or contains material that is unlawful (such as hate speech or pornography), exploits or otherwise harms children, or violates or advocates the violation of any statute or regulation.

We may use Your Content in a number of ways, including displaying it publicly, reformatting it, incorporating it into (or displaying it next to or near) advertisements and other works, creating derivative works, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.  By using Edelmanhome.com, you irrevocably grant Edelman the worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right to use, copy, perform or display publicly, distribute, modify, translate, and create derivative works of, Your Content for any purpose.  You also irrevocably grant the users of Edelmanhome.com and any other media platforms the right to access Your Content in connection with their use of Edelmanhome.com and such platforms.  Finally, you irrevocably waive and cause to be waived any claims and assertions of moral rights or attribution with respect to Your Content.

We reserve the right to remove, screen, edit, reinstate or otherwise regulate Your Content from time to time at our sole discretion, without notice to you, for any reason or no reason.  We disclaim all obligations to keep or provide you copies of Your Content.  We do not guarantee the confidentiality of Your Content. 

We have the right but not the obligation to regulate Your Content and any other content on the website and to enforce these Terms of Use at any time. 

We limit access to Edelmanhome.com viewing the linked web pages solely for legitimate business purposes to access the information provided by Edelman at Edelmanhome.com.  Any access or attempt to gain access to other areas of the Edelman computer system or other information contained on the system, or any Edelman computer, server, account, network, data, software or other hardware, for any purposes, whether or not associated with Edelmanhome.com, is strictly prohibited.  You may not use any information contained on Edelmanhome.com other than in connection with a legitimate business purpose.

Electronic Communications

When you visit Edelmanhome.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio and video media, digital downloads, data compilations, and software, is the property of Edelman or its content suppliers and protected by United States and international copyright laws.

The compilation of all content on this site is the exclusive property of Edelman and protected by U.S. and international copyright laws. All software used on this site is the property of Edelman or its software suppliers and protected by United States and international copyright laws.

Digital Millennium Copyright Act, Transmission of Third Party Content

You may not copy to, upload to, post to or otherwise distribute on Edelmanhome.com Edelmanhome.com anything protected by copyright law or other proprietary rights, unless the owner of the applicable copyright or proprietary right has given you express written authorization for such copying, uploading, posting or distribution.

Any material for which permission has been granted to copy, upload, post or otherwise distribute must contain all requisite copyright management notices and language indicating that such material is being used by express permission of the owner thereof.

The unauthorized use, uploading, posting, or distribution of information, material or content protected by copyright or other proprietary rights is illegal and may subject the malfeasant to civil penalties and criminal prosecution.

EDELMAN, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES, ARE NOT LIABLE FOR DAMAGES RESULTING FROM ANY INFRINGEMENT RESULTING FROM YOUR ACTIONS INVOLVING COPYRIGHTED OR PROPRIETARY RIGHT PROTECTED MATERIAL.

Edelman, pursuant to the Digital Millennium Copyright Act, designates David Edelman to receive complaints and notices of suspected copyright infringement.  If you believe that your work has been copied and is accessible on Edelmanhome.com in a way that constitutes infringement, you may notify Edelman by providing David Edelman 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, including the URL (i.e., the web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

3.         Identification of the URL or other specific location on Edelmanhome.com where the material that you claim is infringing is located;

4.         Your address, telephone number and e-mail address;

5.         Your statement, that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6.         Your statement, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

David Edelman can be reached by regular mail at Edelman Plumbing Supply, Inc., 26201 Richmond Road, Bedford Heights, Ohio 44146.

You are prohibited from copying to, uploading to, posting to or otherwise distributing on, Edelmanhome.com any unlawful, threatening, obscene, improper, intimidating, libelous, defamatory or slanderous comments, jokes, images, information, content or material that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, or any other classification that could produce any civil or criminal liability for either yourself or for Edelman, its shareholders, principals, directors, trustees, officers, employees, agents, affiliates or any such similarly situated persons or entities.

Trademarks

Edelman, Edelman Product Supply, Edelmanhome.com, Aspen craft and other Edelman graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, trade names or trade dress of Edelman in the U.S.. Edelman’s trademarks and trade dress may not be used in connection with any product or service that is not Edelman’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Edelman. All other trademarks not owned by Edelman that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Edelman.

License and Site Access

Edelman hereby grants you a limited, non-exclusive and revocable license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Edelman. This license does not include any resale or commercial use of Edelmanhome.com or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, image stripping, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Edelman.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Edelman  without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Edelman’s  name or trademarks without the express written consent of Edelman. You may not use any direct linking or source-calling of any media presented on this web site.

Any unauthorized use terminates the permission or license granted by Edelman. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of edelmanhome.com  so long as the link does not portray Edelmanhome.com  or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Edelmanhome.com  logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Minors

Edelman intends and has designed Edelmanhome.com for users 18 years of age and older, and does not authorize use by anyone younger than 18.  Edelman does not sell products to children, but to adults who can purchase with a credit card or other certified payment method. If you are under 18, you may use Edelmanhome.com  only with consent of a parent or guardian. Edelman  reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications, and Other Content

If you do post content or submit material, submit suggestions, ideas, comments, questions, or other information, the content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of such content. Edelman  reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Edelman  a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Edelman  and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Edelman  for all claims resulting from content you supply. Edelman  has the right but not the obligation to monitor and edit or remove any activity or content. Edelman takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss

All items purchased on Edelmanhome.com are shipped pursuant to a shipment contract, and the risk of loss and title for such items pass to you upon our delivery to the carrier.

Pricing

Except where noted otherwise, the list price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the list price may represent the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.

Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged upon ordering and your order will be shipped within the time stated on the product specific page or mentioned under the "Shipping Policies" section of the website. If your order is unable to ship within 24 hours, we will hold your funds as a deposit on the goods until the product ships. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after payment received, we will issue a credit by the charged payment method for the amount of the charge.

Quantity Limits and Dealer Sales

Edelman reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same email address. We will provide notification to the customer e-mail or billing address provided should such limits be applied. Edelman also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us through our Customer Service.

Product Descriptions

Edelmanhome.com attempts to be as accurate as possible. However, Edelman does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product you purchase from us is not as described, your sole remedy is to return it in unused condition.

We have also made every effort to display as accurately as possible the colors and finishes of our products that appear on the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color or finish will be accurate.

Indemnification

You agree to defend, indemnify and hold Edelman and its officers, directors, shareholders, employees, agents and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY EDELMAN ON AN "AS IS" AND "AS AVAILABLE" BASIS. EDELMAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED OR OFFERED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EDELMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, EDELMAN DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE EDELMANHOME.COM WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL EDELMAN, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THIS  WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF EDELMAN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EDELMAN BE LIABLE FOR ANY DAMAGE.

Ownership Of Third Party Content  Edelman displays information, content and material supplied by visitors and other third parties on its website. Edelman maintains no editorial control over this information, content and material.  The information, content and material supplied by visitors and other third parties belongs to the respective owners of thereof.

EDELMAN DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES, AND SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON CONTENT AVAILABLE ON THIS WEBSITE SUPPLIED BY THIRD PARTIES.  YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTENT AVAILABLE ON EDLEMANHOME.COM SUPPLIED BY THIRD PARTIES.

Editing, Deleting and Modification Edelman reserves the right in its sole discretion to edit, delete, modify, suspend or discontinue any information, content, material, feature, aspect, product or service comprising, or available through, Edelmanhome.com at any time. Edelman may alter the availability of any feature of Edelmanhome.com or service at any time. 

Access Nontransferable You may not transfer your right to use Edelmanhome.com or any password or right given to you to obtain access to Edelmanhome.com.

Use of Information Edelman reserves the right, and you grant authorization, to use and assign all of your personal information provided by you in a manner consistent with our Privacy Policy.  To know what privacy measures Edelman has taken and what information we retain from your visit to Edelmanhome.com, please read our website Privacy Policy, which is incorporated herein by reference.

Change Of Terms  These Terms of Use supersede any prior and contemporaneous agreements, representations, warranties and understandings with respect to Edelmanhome.com, Its Content or Your Content.  By using Edelmanhome.com, you agree to these Terms of Use as well as any posted changes of these Terms of Use.  We reserve the right to change these Terms of Use at any time.  We ask that you review these Terms of Use from time to time to ensure you are familiar with the most current version of it.  If you do not agree to these Terms of Use, DO NOT use Edelmanhome.com.

Links to Other Websites Edelmanhome.com may contain links to other websites.  We are not responsible for the content, accuracy or opinions expressed in, or the existence of, such websites, and Edelman does not investigate, monitor or check for accuracy or completeness.   Including a linked website on Edelmanhome.com does not imply approval or endorsement of the linked website by Edelman.  If you decide to leave Edelmanhome.com or access these third-party sites, you do so at your own risk.  Edelman is not liable for damages, irrespective of their nature, incurred by the use or non-use of third parties’ web pages.

Headings Of The Terms Of Use The section headings used in these Terms of Use are only for reference and the convenience of the readers and shall not constitute part of these Terms of Use for interpretation purposes.

Entire Agreement These Terms of Use constitute the entire and only agreement between you and Edelman and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof.

No Waiver The failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Applicable Law

This Agreement shall be governed by and construed under Ohio law as such law applies to agreements between Ohio residents entered into and to be performed within Ohio. Any action or proceeding arising out of or related to these Terms of Use or your use of this site must be brought in the state or federal courts of Ohio.

Site Policies, Modification, and Severability

Please review our other policies, such as our pricing policy, posted on this site.  Edelman reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Edelmanhome.com web site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.

Our Address

Edelman Plumbing Supply, Inc.
26201 Richmond Road
Bedford Heights, Ohio 44146
http://edelmanhome.com