Introduction

Welcome to patioHQ.com. This website is owned and operated by patioHQ.com. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’).

This agreement is in effect as of Feb 13, 2018.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any patioHQ.com employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of patioHQ.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.

i. You agree to indemnify and hold harmless patioHQ.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from patioHQ.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. PatioHQ.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on patioHQ.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of patioHQ.com, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by patioHQ.com.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by patioHQ.com. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Pricing Errors

Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by PatioHQ is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We reserve the right to cancel orders and refund customers’ money because of pricing errors (or for any reason).

Shipping and Delivery

Shipment is delivered to your door front on the ground level. Our Standard Shipping is typically the fastest delivery method and is only delivered to your curbside. The customer is responsible for transporting the items from the curbside and any necessary assembly inside your home. If by freight, then you will need to contact the carrier to workout delivery arrangements. Some carriers may not offer all types of delivery, so let us know before you place your order whether you need a ‘White Glove’ type of service. Larger, bulkier orders will ship via a freight carrier, otherwise, via UPS/FedEx.

*Clerance

Clearance products are surplus, refurbished, previously ordered new or scratch and dent. Supplies limited to stock on hand. Prices and inventory constantly change. Offers subject to change, not always combinable with other offers/sales/promos/etc.. Taxes, shipping, and other fees may apply. Offer not valid for Resellers. PatioHQ reserves the right to cancel orders arising from pricing or other errors.

*Coupons

Limit of one coupon per household.

Coupons are intended for single use only.

Sale/Clearance items are not included.

Coupons are applicable to Visa, Discover, MasterCard, or American Express purchases only.

A coupon may not be used in conjunction with the purchase of products sold by or under the brands of third parties.

In the case of a multiple-item order, the value of the coupon is allocated to each item based on the proportion of the item’s value to the total value of all items, excluding shipping, taxes and other charges.

Certain items may not be eligible for discount. this includes new items which, by law, cannot be sold at a discount in certain countries. Custom cushions and replacement parts among other products may not be included.

We do not match competitors’ coupons. Also, customers can either use a coupon or price match to a lower price, but not both. We do not allow a coupon to be used on a product that has a price match.

A coupon cannot be used to pay for taxes, shipping and handling or other charges.

Some promotional offers may not be combined with other offers in the same order. Generally, only one coupon code may be used per order.

Each coupon is valid for a limited time only and expires on the date specified in the offer.

A coupon’s cash value is 1/10th of one cent.

Coupons are only good for furniture and cushion products. Custom cushions are not included as discounts are already built into the price.

Promo Codes and Coupons Exclusions

Promotional offers exclude the following (unless otherwise indicated): Clearance and sale items, gift cards, gift certificates, taxes and postage and handling charges. This offer is not valid with other promotional offers, on previous purchases or replacement orders.

*Early Black Friday/Black Friday/Cyber Monday

Deals are for everything on the website except clearance items and custom products. Black Friday deals expire the Saturday after Thanksgiving at 11:55pm CST. Cyber Monday deals start Sunday at 12am CST and expire Tuesday at 12am CST.  Prices and offers are subject to change and are valid online during, but may start before and end after, the ad dates. There is no price matching if you purchased before this sale started. Pickup discount is 5% for Black Friday and Cyber Monday sales. No other coupons or discounts are offered or allowed to be combined, including abandoned cart discounts.

Product Descriptions

PatioHQ attempts to be as accurate as possible. However, PatioHQ does not warrant that product descriptions or other content of any PatioHQ Service is accurate, complete, reliable, current, or error-free. If a product offered by PatioHQ itself is not as described, your sole remedy is to return it in unused condition.

Guarantee

UNLESS OTHERWISE EXPRESSED, patioHQ.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Disclaimer: The mask and gown is not intended to act as a medical device or other medical product, and PatioHQ makes no warranties, either expressed or implied, that the mask prevents infection or the transmission of viruses or diseases. The mask is not a substitute for professional medical advice, diagnosis or treatment. If you have any specific questions about any medical matter, you should consult a doctor or other healthcare provider.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

info@patiohq.com