CopyrightsThis Site and the materials
within it are © 2004 Homer TLC, Inc. ("Homer TLC"). Viewing this
Site creates a copy of materials owned or licensed by EXPO Design
Center, a division of Home Depot U.S.A., Inc. ("EXPO Design Center")
in your computer's random access memory and/or in your hard drive
and/or in your proxy server.
Use License
EXPO Design Center
and Homer TLC jointly grant you permission to view this Site and to
print individual pages from this Site for your own personal,
noncommercial use, provided that you agree to and accept without
modification the notices, terms and conditions set forth in this
agreement. You may not modify, copy (except as set forth in the
preceding sentence), distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer
or sell any information, material, software, products or services
from this Site.
Your use of this Site constitutes your agreement and acceptance
without modification of the notices, terms and conditions set forth
herein. In addition, as a condition of your use of this Site, you
represent and warrant to EXPO that you will not use this Site for
any purpose that is unlawful, immoral or prohibited by these terms,
conditions and notices. If you do not agree and accept without
modification the notices, terms and conditions set forth herein, do
not use this Site. Other than this agreement and agreements between
you and EXPO Design Center relating to the sale of products or
services to you through this Site, EXPO will not enter into any
agreement with you or obligation to you through this Site and no
attempt to create such an agreement or obligation will be
effective.
Trademarks
The trademarks,
service marks and logos (the "Trademarks") used and displayed on
this Site are registered and unregistered Trademarks of Homer TLC
and others. Nothing on this Site should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any
Trademark displayed on the Site, without the prior written
permission of the Trademark owner. Homer TLC aggressively enforces
its intellectual property rights to the fullest extent of the law.
The name of EXPO Design Center, the EXPO Design Center logo or the
other EXPO Design Center formatives may not be used in any way,
including in advertising or publicity pertaining to distribution of
materials on this Site, without prior, written permission from Homer
TLC. Homer TLC prohibits use of the EXPO Design Center logo as part
of a link to or from any site unless establishment of such a link is
approved in advance by Homer TLC in writing. Fair use of Homer TLC's
Trademarks requires proper acknowledgment. Other product and company
names mentioned in this Site may be the Trademarks of their
respective owners.
Product Orders
While we will
use our best efforts to fulfill all orders, EXPO Design Center
cannot guarantee the availability of any particular product
displayed on this Site. EXPO Design Center reserves the right to
discontinue the sale of any product listed on this Site at any time
without notice. When applicable, the prices displayed on this Site
are quoted in U.S. dollars and are valid and effective only within
the United States, and such prices do not include shipping and
handling or sales taxes. You are responsible for the payment of any
shipping and handling charges and state and local sales or use taxes
that may apply to your order.
While our goal is a 100% error-free Site, we do not guarantee
that any content is accurate or complete, including price
information and product specifications. EXPO Design Center reserves
the right to revoke any stated offer and to correct any errors,
inaccuracies or omissions (including after an order has been
submitted and accepted).
Links to Third Party
Sites
This Site may contain links to sites owned or
operated by parties other than Homer TLC or EXPO Design Center. Such
links are provided for your reference only. EXPO Design Center does
not control outside sites and is not responsible for their content.
EXPO Design Center's inclusion of links to an outside site does not
imply any endorsement of the material on the site or, unless
expressly disclosed otherwise, any sponsorship, affiliation or
association with its owner, operator or sponsor, nor does EXPO
Design Center's inclusion of the links imply that EXPO Design Center
is authorized to use any trade name, trademark, logo, legal or
official seal or copyrighted symbol that may be reflected in the
linked site.
Cautionary Statement Pursuant to the
Private Securities Litigation Reform Act of 1995
Statements of Home Depot's expectations for new stores, capital
spending, sales growth, earnings performance and similar financial
and operating measures found in the press releases, SEC reports, and
other materials found on this site constitute "forward-looking
statements" as defined in the Private Securities Litigation Reform
Act of 1995. Words or phrases such as "should result," "are expected
to," "we anticipate," "we estimate" or "we project," as well as
other similar expressions are intended to assist readers in
identifying these "forward-looking statements." Such statements are
based on the currently available operating, financial and
competitive information as of the date of such statements and are
subject to various risks and uncertainties that could cause actual
results to differ materially from the company's historical
experience and its stated expectations. These risks and
uncertainties include, but are not limited to, fluctuations in and
the overall condition of the U.S. economy, stability of costs and
availability of sourcing channels, conditions affecting new store
development, the company's ability to attract, train and retain
highly-qualified associates, unanticipated weather conditions, the
impact of competition and regulatory and litigation matters. Undue
reliance should not be placed on such forward-looking statements, as
such statements speak only as of the date on which they are made.
Additional information regarding these and other risks is contained
in the company's periodic filings with the Securities and Exchange
Commission.
EXPO Design Center also may make employment information available
through this Site. EXPO Design Center is an equal opportunity
employer. EXPO Design Center provides equal employment opportunity
to qualified persons without regard to race, color, religion, sex,
national origin, age, veteran status or disability. EXPO Design
Center's policy relates to all phases of employment including
recruitment, placement, promotion, training, demotion, transfer,
layoff, recall and termination, rates of pay, employee benefits and
participation in all company-sponsored employee activities.
THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR
REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET
FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE
OPINIONS OF EXPO DESIGN CENTER OR ANY OF ITS AFFILIATES OR AGENTS.
THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE,
CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR
MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY
INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS
SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH
INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING
ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS
MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
NO WARRANTIES; EXCLUSION OF
LIABILITY
EXPO DESIGN CENTER AND HOMER TLC MAKE NO
REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE
FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. EXPO DESIGN CENTER AND
HOMER TLC SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY
KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. NEITHER EXPO DESIGN CENTER NOR HOMER TLC SHALL
HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN
THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION
WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY
OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF
THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER EXPO DESIGN
CENTER, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS
IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE
ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Contacting Us
If you have any
questions about this agreement, please call us at 1-800-430-3376, send us an
e-mail, fax us at 1-877-496-9470, or write us at:
EXPO Design Center
c/o The
Home Depot, Inc.
Attention: Internet Customer Service
1971 W.
Lumsden Rd. #351
Brandon, FL 33511
Although EXPO Design Center will in most circumstances be able to
receive your e-mail or other information provided through this Site
(including, without limitation, service requests and other
submissions), EXPO Design Center does not guarantee that it will
receive all such e-mail or other information timely and accurately
and shall not be legally obligated to read, act on or respond to any
such e-mail or other information. Be aware that Internet e-mail
typically is not secure.
General
This Site resides on a
server in Atlanta, Georgia, USA. You agree that the laws of the
State of Georgia, USA, govern this agreement and your use of this
Site. You hereby consent to the exclusive jurisdiction and venue of
the courts, tribunals, agencies and other dispute resolution
organizations in Atlanta, Georgia, USA in all disputes (a) arising
out of, relating to, or concerning this Site and/or this agreement,
(b) in which this Site and/or this agreement is an issue or a
material fact, or (c) in which this Site and/or this agreement is
referenced in a paper filed in a court, tribunal, agency or other
dispute resolution organization. Use of this Site is unauthorized in
any jurisdiction that does not give full effect to all provisions of
this agreement, including without limitation this paragraph and the
warranty disclaimers and liability exclusions above. EXPO Design
Center has endeavored to comply with all legal requirements known to
it in creating and maintaining this Site, but makes no
representation that materials on this Site are appropriate or
available for use in any particular jurisdiction. Use of this Site
is unauthorized in any jurisdiction where all or any portion of this
Site may violate any legal requirements and you agree not to access
this Site in any such jurisdiction. You are responsible for
compliance with applicable laws. Any use in contravention of this
provision or any provision of this agreement is at your own risk
and, if any part of this agreement is invalid or unenforceable under
applicable law, 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 govern such use.
With the prior agreement of EXPO Design Center, any claim,
dispute or controversy arising out of, relating to or concerning
this Site and/or this agreement shall be decided by binding
arbitration in accordance with the Rules of the American Arbitration
Association and any such arbitration proceedings shall be brought
and held in Atlanta, Georgia, USA. The decisions of the arbitrators
shall be binding and conclusive upon all parties involved and
judgment upon any award of the arbitrators may be entered by any
court having competent jurisdiction. This provision shall be
specifically enforceable in any court of competent jurisdiction.
You agree that EXPO Design Center may at any time and without
notice change the terms, conditions and notices under which this
Site is offered.
You agree that no joint venture, partnership, employment or
agency relationship exists between you and EXPO Design Center as a
result of this agreement or your use of this Site.
EXPO Design Center's performance of this agreement is subject to
existing laws and legal process and nothing contained in this
agreement is in derogation of EXPO Design Center's right to comply
with law enforcement requests or requirements relating to your use
of this Site or information provided to or gathered by EXPO Design
Center with respect to such use.
This agreement, the privacy statement, and terms of sale
constitute the entire agreement between you and Homer TLC with
respect to this Site. This agreement supersedes all prior or
contemporaneous communications and proposals, whether electronic,
oral or written, between you and EXPO Design Center with respect to
this Site. No modification of this agreement shall be effective
unless it is authored by EXPO Design Center or its affiliates, or
unless it is physically signed in blue ink by an officer of Home
Depot U.S.A., Inc. Any alleged waiver of any breach of this
agreement shall not be deemed to be a waiver of any future breach. A
printed version of this agreement and/or of any notice given by EXPO
Design Center or Homer TLC in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to
this agreement or your use of this Site to the same extent and
subject to the same conditions as other business documents and
records originally generated and maintained by EXPO Design Center or
Homer TLC in printed form.
Copyright © 2004 Homer TLC,
Inc.
All Rights Reserved. January 13, 2004.
EXPO Design
Center is a registered trademark of Homer TLC, Inc.