Terms of service

OVERVIEW

This website is operated by Trade Diversified, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Trade Diversified, Inc. and or TDIBRASS.COM. Trade Diversified, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” "Customer") and Trade Diversified, Inc. (“we,” “us” or “our” "TDIBRASS.COM), concerning your access to and use of the TDIBRASS.COM website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS, SERVICES, ORDERS & RETURNS
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

It is the responsibility of the buyer to review the bill of materials of an order to ensure proper quantity, sizing, finish and items have been included and are suitable for the intended application. All products offered for purchase, including but not limited to brackets, elbows, hooks, end caps and posts are based on current inventory and may differ slightly in look and dimensions from illustrations provided or displayed on our website. All stock specifications are nominal and actual dimensions may vary slightly by lot. Components which are available in brass only may be nickel-plated or chrome-plated and brushed where satin or brushed stainless steel has been specified. The terms “Brushed" and "Satin" are considered equivalent and used interchangeably. Descriptions of products that refer to "finish" refer to the type of finish applied to the product and may not necessarily refer to the actual metal from which the products are constructed. Length of tubing may be segmented to accommodate shipping requirements. Tubing segmentation assumes that there is no requirement to position brackets at specific points along the perimeter of the bar face, unless otherwise specifically noted by the Customer.

We do not accept “time is of the essence” order requirements with respect to fabrication or order delivery. Although most online orders ship the same or next business day, product stock levels vary and may require additional time for order fulfillment, usually within 7 business days. We make every effort to ship all online orders in no more than 10 working days. If an online order requires more than 10 working days to ship, customer will be notified and given the option to cancel with a full-refund. Time-to-ship as described above does not apply to phone orders which will be based upon the specifics of each order placed and the time-frame agreed upon between Trade Diversified, Inc. and customer. All shipments are FOB our factory.

Returns are not accepted on custom orders and customer is responsible for entire payment once fabrication begins. Pricing on custom orders is based on lot order and may include charges that reflect set up, material preparation, cutting, rimming, rolling, bending, welding, grinding, polishing, plating and crating. Pricing does not include installation. Material may require on-site trimming during installation unless otherwise noted.

All returns must include a Return Merchandise Authorization Number (RMA#). You can request a RMA# by calling 1-800-835-8338. Please be specific and include your name, address, email address, phone number and order number when requesting a RMA#.

No returns will be accepted unless pre-authorized and received within 30 days from the original invoice date. Returned merchandise must be in new condition and include all original packaging and mounting hardware, such as screws, if applicable.

Damaged items or items that have been altered in any fashion cannot be returned for refund, credit or exchange. All returns are subject to a 25% restocking fee and all returned merchandise is subject to visual inspection by Trade Diversified Inc. before credit will be issued.

Powder coating: Powder coat finished and specially coated components may experience a 1/16" variance due to the coating process. Any build-ups are tapped or ground off to ensure proper fitting when tubing is ordered from TDIBRASS. It is important to note that TDIBRASS cannot be held liable for the compatibility of our products with materials sourced from other vendors.

Special ordered items: There will be no refunds for cut tubing, special ordered items, custom-fabricated items or items with custom, specialty, plated or coated finishes.

SECTION 6 - RESPONSIBILITIES
Unless expressly agreed in the scope of work, Trade Diversified Inc., shall not be held responsible for the design, or modification of the design, of any structural, supports, or other mechanical systems installed or to be installed. To the extent feasible, Trade Diversified Inc, will coordinate design plans with such systems but cannot be held liable for meeting codes or how material will perform once installed.

Unless expressly agreed in the scope of work, any consultants required for the Project will be retained and paid for directly by the Customer . Trade Diversified Inc, will have no responsibility for the work performed by such consultants. Trade Diversified Inc., assistance to the Customer ’s consultant(s) in the performance of their services shall in no way create a responsibility on the part of Trade Diversified Inc., for the services and or products provided by such consultants.

Any schedule or time frame included as part of a quote, estimate or invoice is preliminary, for information purposes only, and should in no way be construed as a guarantee. In addition, Trade Diversified Inc, cannot control third party compliance with schedules.

Trade Diversified Inc., is not responsible for damages, quality or construction issues, production delays, manufacturer production cancellations, to decorative merchandise during shipping, or for the inaccuracy of any estimated delivery dates.

Custom-ordered items, once approved by the Customer, are not subject to cancellation or return and remain the Customer’s responsibility.

Trade Diversified Inc., shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous or toxic substances in any form from materials purchased by Customer.

The Customer shall provide prompt written notice to Trade Diversified Inc, of any fault or defect that becomes known which would materially affect the ability to effectively use materials.

The Customer is responsible for maintaining in force adequate insurance against loss or damage to all personal property (such as furniture, furnishings, art or other decorative items) owned by the Customer while in possession of Trade Diversified Inc, materials. This includes all items purchased, shipped and/or stored, or delivered.

Customer is responsible for ensuring that their insurance coverage is sufficient per this Agreement. Trade Diversified Inc., cannot be held responsible for inadequate insurance coverage.

Trade Diversified Inc., reserves the right to photograph the completed work and to make press releases announcing Trade Diversified Inc.,  involvement in the project and use of the photographs in its promotional materials. Trade Diversified Inc., shall have the right to publish the completed work. Owner’s name shall not be published without consent.

In the event that Trade Diversified Inc., does not provide materials or services contemplated hereunder for any reason, Trade Diversified Inc., shall not be responsible for the accuracy or usefulness of any communications, quotes, estimates, invoices, plans, drawings, or specifications prepared by Trade Diversified Inc., should such information be used by the Customer or any other party.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other mal-ware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Trade Diversified, Inc., TDIBRASS.COM, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 

Trade Diversified Inc., shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Except for the indemnification obligations set out below, in no event shall either party be liable under this agreement to the other party for any incidental, consequential, indirect, statutory, special, exemplary or punitive damages, including, but not limited to, lost profits, loss of use, loss of time, inconvenience, lost business opportunities, damage to goodwill or reputation, and costs of cover, regardless of whether such liability is based on breach of contract, tort, strict liability or otherwise, and even if advised of the possibility of such damages or such damages could have been reasonably foreseen, subject to the Customer’s obligation to pay the fees to Trade Diversified Inc., each party’s aggregate liability for any claims relating to the services or this agreement shall not exceed the fees paid or payable by the Customer to Trade Diversified Inc., under this agreement in the 12 month period immediately preceding the events giving rise to such liability. This section shall survive termination of the agreement. No action shall be brought for any claim relating to or arising out of this agreement more than one (1) year after the accrual of such cause of action, except for money due on an open account.

SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Trade Diversified Inc., TDIBRASS.COM and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 1650 Fremont Court, Ontario, CA 91761.

SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.