Date of Last Revision: June 8, 2015.
TERMS OF AGREEMENT
You may register on the Site to receive e-mail notifications sent to you by completing the online form on at www.athome.com. To unsubscribe from the e-mail service, you can click on any “Unsubscribe” link in a message from At Home.
INTELLECTUAL PROPERTY RIGHTS
The Site and all materials available on it are the property of At Home, its licensors, or its users and are protected by copyright, trademark and other intellectual property laws. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of At Home’s, our licensors’, or our users’ intellectual property rights. You may download and/or print one copy of individual pages of the Site or documents available for download for your personal use and records.
The following activities are expressly prohibited from the Site:
a. Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
b. Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
c. Framing or deep linking into the Site.
d. Accessing the Site by means of automated process, spiders, bots or similar device.
USER SUSPENSION AND/OR TERMINATION OF ACCESS
At Home may cancel or terminate your right to access or use any part of the Site at any time without notice. You agree that a breach of any of the terms in this Agreement may result in the immediate termination of your account and/or give rise to civil action against you. The disclaimers herein and all restrictions on you regarding information downloaded or obtained from the Site shall survive any cancellation or termination of your right to use the Site.
LINKS TO THIRD PARTY SITES
Any links to other websites not owned or operated by At Home are provided solely as a convenience for you. At Home’s listing of any third party does not create a partnership or affiliation with the third party. At Home’s listing of any third parties does not constitute sponsorship or endorsement of these professionals or service providers. You shall make a competent consumer decision before employing the services of any listed third party professional or service provider. You bear all risk associated with the employing of any third party and obtaining their goods or services.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to At Home that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AT HOME AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
AT HOME AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, THE PRODUCTS OR SERVICES OFFERED, OR LISTED PRICES THAT ARE DESCRIBED OR OBTAINED THROUGH THE SITE. ALL SUCH INFORMATION AND PRODUCTS OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THIS INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. ANY THIRD PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. AT HOME AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH YOUR USE OF THE SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AT HOME AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AT HOME OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
AT HOME’S LIABILITY TO ANY USER OF THE SITE SHALL BE LIMITED TO THE FEES PAID BY SUCH USER TO AT HOME FOR ANY PRODUCTS OR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE SUCH CLAIM ALLEGEDLY AROSE.
You agree to indemnify At Home and its affiliates, employees, agents, representatives and third party service providers and defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Site or breach of this Agreement.
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Dallas, Texas in all disputes arising out of or relating to the use of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and At Home as a result of this Agreement or use of the Site.
At Home’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of At Home’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by At Home with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between User and At Home with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between User and At Home with respect to the Site.
At Home respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide At Home’s copyright agent with the following information.
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. Description of the copyrighted work that you claim has been infringed;
c. The location of the material that you claim is infringing is located on the Site;
d. Your address, telephone number and e-mail address;
e. A statement that your claim of infringement is based on a good faith belief; and
f. A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
At Home’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: CustomerCare@athome.com.
For any questions or concerns related to the Agreement, please contact us through one of the methods below.
1. E-mail CustomerCare@athome.com.
2. Contact us at:
At Home Stores LLC
1600 E Plano Pkwy
Plano, TX 75074