Search
400 Bad Request

Bad Request

Your browser sent a request that this server could not understand.

Cart 0
Menu
Account

Customer Service

Legal Notices

Accessible Home Store TERMS AND CONDITIONS OF SALE

By placing an order with Accessible Home Store ("AHS") you agree to be legally bound to the fullest extent permitted by law to all of these Terms and Conditions. Any provision in your purchase order, billing statement, acknowledgment form, written or oral order or offer, or any other document or communication incidental to any order or to this agreement, which is inconsistent with, conflicts with, or delete or add to these Terms and Conditions, shall be of no force or effect, and these Terms and Conditions shall apply and control in all cases.

AHS may alter, amend, or supplement these Terms and Conditions. Any such changes to these Terms and Agreement will be effective when they are posted to our website and will apply to all orders accepted by us after the date and time of posting.

The Terms of Use of the AHS Website are incorporated in these Terms and Conditions.

We may refer to the various terms and conditions below at various locations on our website. While we have attempted to avoid it, in the event of any conflict between any of the terms and conditions below and any statements on our website, the terms and conditions below shall apply. Nothing in our website is intended to, nor shall it, alter, modify, expand, restrict, or conflict with these Terms and Conditions.

Prices

All prices are listed in U.S. Dollars and are subject to change without notice at any time prior to acceptance by AHS of your order and receipt of full payment. All payments must be in U.S. funds.

Best Price Assurance

We believe that we offer the best combination of product, price, and service in the business. If you find a lower price on an identical item currently in stock, at an established online retail store, we will match their price. We will honor this Best Price Assurance up to the time that final payment is made on an order. This assurance applies to all new, factory sealed products. Items must be the same brand and model number and in stock at established online retail stores located within the continental United States - not wholesalers, liquidators, auction sites, or used merchandise sites. Just email us at [email protected] with the web site address of the web page. We will confirm the validity of the claim and either match the price or explain why the claim was rejected. Clearance, factory reconditioned, damaged, pre-owned and reconditioned merchandise (including refinished tubs and sinks) are excluded. Also excluded are special sales, manufacturer rebates, coupons, close-outs, senior citizens discounts, buy one get one free offers, percent off sales price offers, discontinued, clearance, and damaged product, and typographical errors.

Accessible Home Store uses reasonable efforts to include accurate and up-to-date information on this website. Accessible Home Store assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. In the event that a product is listed at an incorrect price or with other incorrect information, Accessible Home Store shall have the right to refuse or cancel any orders placed for the product listed incorrectly.

Taxes

For all orders delivered in Pennsylvania and all Canadian provinces, we will charge and collect the applicable Pennsylvania sales and use taxes and Canadian taxes. We also collect sales tax on orders shipped to every state where it is applicable. States where we do not collect tax are:

  • Alaska
  • Delaware
  • Oregon

Orders - Your order is effective only after it is accepted by us and full payment has been received. Contact us as soon as possible if you need to cancel an order. In general, you may cancel an order up to the time it ships. Although we will do our best to minimize your costs, we will have to charge you any expenses we incur in processing your order up to that point (examples include: a 3% charge for voiding a credit card transaction, shop time, custom paint mixing, etc.). After shipment, our Returns Policy takes effect.

Gift Cards

The following terms and conditions (the "Terms") apply to any Accessible Home Store gift card originally purchased by you or someone on your behalf (the "gift card") through the www.accessiblehomestore.com website. Gift cards are issued by Accessible Home Store (referred to hereafter as either “Accessible Home Store,” “we,” “us,” or “our”). By purchasing a gift card, accepting and retaining a gift card, or using a gift card, you agree to these Terms.

  • Gift cards expire 1 year after the purchase date.
  • Gift cards are only valid in the United States of America and USD currency.
  • Gift cards cannot be used to purchase gift cards.
  • Gift cards are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law.
  • E-gift cards may not be redeemable for up to 24 hours on weekdays, and up to 48 hours on weekends.
  • Use of the gift card is limited to the amount of funds held on the gift card. The full amount of each purchase, including taxes, will be deducted from the funds held on the gift card, up to the total funds available on the gift card. Any unused balance will be placed in the recipient's gift card account and is not transferable. If you make a purchase and there are insufficient funds held on the gift card to cover that purchase, you must pay the difference by a valid credit card or PayPal.
  • The risk of loss and title for gift cards pass to the purchaser upon our electronic transmission to the purchaser. We are not responsible for and will not replace lost or stolen gift cards. Protect your gift card as if it were cash and safeguard the gift card from unauthorized use.
  • Accessible Home Store may provide gift card purchasers with information about the redemption status of gift cards.
  • Accessible Home Store reserves the right to change these Terms from time to time in its discretion. Such revised terms will be effective as to any gift cards purchased after the date said revised Terms are posted to the Accessible Home Store website.
  • Resale of a gift card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Your right to use the funds on the gift card is a limited right, subject to these Terms and applicable law. We are not responsible for pricing, typographical, or other errors, in any offer and reserve the right to cancel any orders resulting from such errors.
  • If we suspect any fraud or misuse in connection with a gift card, we reserve the right in our discretion to suspend or terminate use of the gift card.
  • The consideration paid for the gift card, including any unredeemed balances, is the property of Accessible Home Store.
  • We do not currently collect or maintain any personally identifiable information regarding the purchasers of the Cards. However, we reserve the right to obtain personal information about you in accordance with the privacy policy found here if such information is necessary to service the Card or respond to your inquiries or for other purposes.
  • If any one or more of the covenants, agreements, provisions or terms of these Terms shall be for any reason whatsoever held invalid, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of these Terms shall in no way affect the validity or enforceability of the other provisions of these Terms.
  • These Terms set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by these Terms. All terms and conditions set forth herein are applicable to the extent permitted by law.

Shipments

All shipments are F.O.B. AHS's warehouse. Prepayment of freight by AHS will not convert this agreement to F.O.B. destination. We will select the carrier for delivery of your order. We satisfy our shipment obligation by putting your order in possession of the selected carrier. We shall not be liable for any damages or expenses resulting from any delay in delivery.

The shipping cost for all tubs is included in the price of the item. Cast iron clawfoot tubs and acrylic tubs require crating and ship via tractor-trailer only. Online orders for all tubs include all shipping charges: crating, freight, and residential delivery with liftgate service. Please let us know at the time of the order if the delivery location is not accessible to tractor-trailers. If we discover after shipping that the delivery location is not accessible to tractor-trailers, we will notify you and have the tub held at the terminal for three calendar days. After that time, the tub will return to us, and we will bill you for the actual storage and shipping charges both ways.

Shipping Outside the Continental United States

Shipping charges on orders shipping outside the 48 continental states are calculated on a case-by-case basis. Import fees, brokerage charges, and government taxes are not included in shipping quotes and charges do not include these fees. Unless otherwise stated in the quote, payment of these charges is the sole responsibility of the customer.

Inspection on Delivery

If you are signing for your tub you agree to inspect your order on delivery. Examine the crate in front of you. Look for (1) any obvious damage or defect on the crate (such as broken pieces or the crate does not appear to be intact), (2) Rectangular-shaped holes where a forklift may have penetrated a crate side, (3) Shoddy-looking repairs to the crate, and (4) any indication that the crate has sustained a tip-over or a strong impact anywhere. You agree to note all claims of shortages or apparent damage on the shipping receipt at the time of delivery. If at least one of the items on your order is scheduled to arrive with liftgate service from a freight company, the freight company will call you to arrange an estimated delivery time; delivery times are not guaranteed. You will need to schedule the delivery within two business days from the day you are contacted. Failure to do this may result in storage fees. Storage fees must be paid by the consumer before the shipment is released. Your shipment will arrive on a full-size tractor-trailer. If a tractor-trailer cannot deliver to your ship-to address, you will need to make arrangements with the freight company when you schedule the delivery appointment. With liftgate service, the crate will be lowered to curbside. DO NOT SIGN UNTIL YOU INSPECT THE ITEM(S) CAREFULLY. If the ITEM arrives damaged, notate THE SPECIFIC DAMAGE on Delivery Receipt and REFUSE THE SHIPMENT. Then sign where appropriate, and retain a copy for yourself. IF YOU HAVE ANY QUESTIONS AT TIME OF DELIVERY CALL CUSTOMER SERVICE AT 877-866-4721 EXT 2 IMMEDIATELY. By failing to notate THE SPECIFIC DAMAGE on the receipt you are agreeing that you received the ITEM(S) in good condition and exact quantities and are waiving your rights to a claim. Accessible Home Store is not responsible for any minor damages that are not noted on the delivery receipt.

Missing or Improper Items

You must inform us within 72 hours of delivery of any claim that there are any missing items or that any item was not what you ordered or otherwise did not conform to the terms and conditions of the order. If such notice is not given within 72 hours of delivery, the goods shall be deemed to conform with the terms and conditions of the order and you shall be bound to accept and pay therefor.

Storage of Items

At your request, we will store items for up to 90 calendar days after the original order date. After 60 days, we will contact you to set up a new delivery time within the next thirty days. If you cannot take delivery of the item within that time frame, we will charge a storage fee of $100 per month per large item (tub, toilet, sink) starting 90 calendar days from the original order date. We will sell undelivered and/or abandoned items after a period of 180 calendar days from the original delivery date. We will refund the proceeds from the sale - less any fees incurred and storage charges - to the purchaser at their last known address.

Disclaimer of Warranties on New Products

We sell new products which carry the manufacturer's standard U.S. warranty if any. AHS guarantees only that we will send you the items that you ordered. Otherwise, all goods are sold subject only to the warranties of their respective manufacturers. These warranties differ according to the product and the manufacturer; please ask us about the warranties offered by the manufacturers, if any, before you order. If you believe that you have a warranty claim on an item you purchased from us, you can contact us and we will try to reasonably assist you in processing your warranty claim with the manufacturer. Often, the manufacturer will authorize us to exchange your original purchase for a new product. Please keep in mind, however, that all decisions and policies regarding the enforcement of manufacturer warranties, repairs, exchanges, and refunds are the sole discretion of the manufacturer of that item. AHS neither offers nor implies any warranty from us on any such product that we sell.

AHS SELLS ALL NEW GOODS TO YOU "AS-IS". AHS EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES TO YOU WITH RESPECT TO ANY PRODUCT SOLD UNDER THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion or limitation of implied warranties, so the above limitation or exclusion may not apply to you.

IN NO EVENT SHALL AHS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, CARTAGE, LABOR, TRAVEL TIME, LOST PROFITS, OR CONTINGENT LIABILITIES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

No employee, officer, or agent of AHS or any other person, is authorized to give any warranties or assurances on AHS's behalf, nor to assume for AHS any other liability in connection with any products, unless in a writing, executed by an officer of AHS.

Return Policy

Accessible Home Store promises to deliver excellent customer service and high-quality products. If for any reason, your shipment is unsatisfactory, we will gladly replace it or accept a return of the merchandise. Please adhere to the following return policy:

  • Returns can only be made within 90 days of receiving your product(s).
  • All products must be in resalable condition.
  • The product must be free from damages or defects.
  • The product must not have been installed.
  • If the product is returned in a non-salable condition, no refund will be given.
  • You must return the product in its original packaging.
  • You must have an RMA (Return Merchandise Authorization) number issued by Accessible Home Store when setting up your return.
  • Elective return products, from any brand, are subject to a 25% restocking fee.
  • If a freight item is returned due to not accepting delivery appointments or refusing to schedule an appointment with the shipping carrier in a timely manner; returned freight items are subject to a 25% restocking fee and return shipping charges.
  • You are responsible for the return shipping charges.
  • If the product is returned to the incorrect location the restocking fee will vary.
  • All sales are final on products marked “Non-Returnable”.
  • Specially ordered items and custom products are non-returnable and cannot be canceled once production has started.
  • Parcel or freight items that are electively returned by refusal at time of delivery are subject to a 25% restocking fee.

If you adhere to our return policy, Accessible Home Store will not charge additional fees. If you do not adhere to one or more of the above-stated policies, the following fees may be applied:

  • Product Box Damaged – 10% fee
  • Returned to Incorrect Location – 25% restocking fee

Under this policy, no returns shall be made unless advance, written authorization is granted by AHS and you receive an RMA. All returns shall be shipped freight prepaid at sender's risk. Any returns made without an RMA issued and clearly marked on the package will be refused.

To qualify under this return policy, the item must be unused and uninstalled. We will not accept returns on improperly handled or abused items. Refunds on non-defective ordered products will not include shipping. Items that include shipping in the price will detail the shipping cost on their individual item page. We will deduct the shipping cost from the refund amount.

No returns on custom work and special orders. Custom orders are just that - unique items or custom work done for a specific customer. At best, these items are very difficult to resell. Custom orders include shop work, custom-painted objects, and items we do not regularly list for sale on our web site.

We are not responsible for lost, misdirected, improperly packaged, or damaged return items. It is your responsibility to get the returned item to us, at your expense, and packaged in such a manner to prevent damage during transit. No refunds will be made on any returned items which were damaged during shipping to us.

Return Items must be addressed to:
Accessible Home Store
Door Door 13
43 Conyngham Ave
Wilkes-Barre, PA 18702
RETURNS DEPARTMENT
RMA # _____________

Refunds of credit card purchases will only be made by credit to the account to which the item was originally charged.

Terms

Unless otherwise acknowledged in writing by AHS, payment on all orders shall be due on ordering. In the event of a reversal of charges or on any overdue accounts, you agree to pay a monthly service charge of 1.25% which shall be assessed on all overdue amounts, including previously-assessed service charges. You agree to be responsible for all costs of collection, including the reasonable attorney fees or collection agency fees paid by AHS.

Exclusive Remedy

In the event of any breach by AHS of any of these Terms and Conditions, your exclusive remedy shall be to reject and return the goods and receive a credit from AHS for all amounts paid thereon. In no event shall AHS be liable for any other damages, including but not limited to cartage, labor, water damage, property damage of any kind, inconvenience, travel time, consequential damages, lost profits, or contingent liabilities.

Resolution of Disputes

Any controversy or claim arising out of or relating to any transaction to which these Terms and Conditions apply, the relationship between the parties, or the products purchased from AHS, including the scope of this arbitration agreement, will be resolved by final, binding arbitration under the Code of Procedure of arbitration-forum.com (the "Code") in effect at the time the claim is filed. The Code is available at www.arbitration-forum.com or can be obtained by calling 1-800-474-2371. This arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. ¤¤ 1-16) and the laws of the Commonwealth of Pennsylvania regarding the enforcement of arbitration awards. Hearings shall be held as provided by the Code and if any In-person Hearing is required or held, it shall be held in Luzerne County, Pennsylvania at a location to be specified by Accessible Home Store. Accessible Home Store shall be awarded its attorney fees and all costs and expenses of the arbitration, including any related post-arbitration enforcement, collection or other legal action, in the event that Accessible Home Store prevails on any matter. If for any reason the above arbitration clause does not apply, or if there is any non-arbitration proceeding, you expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Middle District of Pennsylvania or, for matters not susceptible of adjudication in the federal courts, the courts of the State of Pennsylvania, located in Luzerne County, in all disputes arising out of or relating to any transaction to which these Terms and Conditions apply. Accessible Home Store shall be awarded its attorney fees and all costs and expenses of the action, including any related post-decision enforcement, collection, appeal, or other legal action, in the event that Accessible Home Store prevails on any matter. You hereby submit to the personal jurisdiction of said courts. No claim, proceeding, action, or arbitration may be maintained if commenced later than one year after the accrual of the cause of action.

International Refunds

Accessible Home Store will refund the amount paid in US Dollars at time of purchase. We are not responsible for fluctuations in the exchange rate or any additional credit card charges.

Miscellaneous

The law of the Commonwealth of Pennsylvania shall apply to all matters in controversy, including these Terms and Conditions, without regard to the conflicts of laws provisions thereof. This agreement shall be interpreted according to said laws and without regard to any rule of construction which construes any provision against the drafter for any reason. Should any portion of these terms and conditions be held invalid for any reason, the remainder of these terms and conditions shall remain in full force and effect.

Website Terms and Conditions of Use

Stuff our lawyers make us say and want you to know . . . .
IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, PLEASE IMMEDIATELY LOG OFF THIS WEBSITE
Use of our website is subject to the following terms and conditions and your use of the website constitutes acceptance of these terms.

This Internet website is provided by AHS, Inc., a Pennsylvania business corporation doing business as Accessible Home Store. All references in this website to Accessible Home Store, or personal pronouns (such as "us", "we", "our", etc.), refer to AHS, Inc. and all individuals identified on this website are employees of the Company.

Accessible Home Store reserves the right to make changes to this website at any time without notice.
Accessible Home Store maintains this website for your personal entertainment, information, education, and communication. Please feel free to browse the website. However, without Accessible Home Store's prior written permission, you may not reproduce, distribute, modify, display, prepare derivative works based on, repost or otherwise use the content of this website, except that you may download one copy of the material in temporary storage on one computer for your personal, non-commercial home viewing only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Except as expressly provided above, we do not grant you, and nothing we say here or anywhere on the website shall be construed as conferring, any license or right under any copyright or other intellectual property right. If you are an owner of intellectual property who believes their intellectual property has been improperly posted or distributed via this website, please notify Accessible Home Store immediately at the following address: AHS, Inc., d/b/a Accessible Home Store, 43 Conyngham Drive, Wilkes-Barre, Pennsylvania 18702, Attention: Webmaster. You may also email us at [email protected].

We make every effort to display the colors of our products included on a Site as accurately as possible. Because the colors that you see depend on your monitor, we do not guarantee that your monitor's display of any color is accurate. The selection of items online often varies and supplies of items featured online are not guaranteed nor subject to rainchecks. Price and availability information are subject to change without notice.

We love to hear from you. However, in your communications with Accessible Home Store, please keep in mind that Accessible Home Store does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, please do not send to Accessible Home Store any creative or original materials such as ideas for marketing, products, or any other creative suggestions, ideas, notes, drawings, concepts, or other information. Except as governed by our Online Privacy Policy, any communication or material you transmit to the website or us, by electronic mail or otherwise, including any data, questions or answers, comments, suggestions, or the like, is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by us or licensed to others by for any purpose, including but not limited to product or service solicitations, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Accessible Home Store is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. Any conditions, restrictions, limitations, or other languages in anything you send to use purporting to limit these rights is a nullity.

Although we hope not, and do what we can to prevent it, we are human, so please keep in mind that the material in this website could include descriptive or technical inaccuracies or other errors. Your use and browsing of the website are at your risk. Accessible Home Store does not assume responsibility for continuously updating any page of this Web site. Unless there is a specific statement on a page of the Web site that the page has been updated on a certain date, you should not assume that the page has been updated or that the content of the page remains current. Neither Accessible Home Store nor any other party involved in creating, producing, or delivering the website shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the website. Accessible Home Store does not warrant that the functional aspects of the website will be uninterrupted or error-free or that this website or the server that makes it available are free of viruses or other harmful components. Without limiting the foregoing, everything on the website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. If you become dissatisfied in any way with this Website or its Terms of Use, your sole and exclusive remedy is to stop using this Website and its services. (Some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so some of the above exclusions may not apply to you. If any portion of these limitations on liability is found to be invalid or unenforceable for any reason, then our liability shall not exceed one hundred dollars ($100).)

You should assume that everything you see or read on the website is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions or the text on the website, without the written permission of Accessible Home Store or the copyright owner. Accessible Home Store neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Accessible Home Store. Images, photographs, or illustrations displayed on the website are either the property of, or used with permission by, Accessible Home Store. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of Accessible Home Store, its affiliates, and others. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Accessible Home Store or such third party that may own the Trademark displayed on the website. Your misuse of the Trademarks displayed on the website, or any other content on the website, except as provided herein, is strictly prohibited.

Accessible Home Store has not reviewed all of the sites linked to this website and is not responsible for the contents of any off-site pages or any other sites linked to this website. The inclusion of any link to such sites does not imply endorsement by Accessible Home Store of the sites. Your use of these links to visit any other off-site pages or other sites is at your own risk.

We’d be proud if you would like to place a link to our home page on your website. You may do so provided that you comply with a few guidelines: Please link ONLY to our main, home page (www.accessiblehomestore.com). You can link to our website home page, but you cannot replicate any of our content on your website. Please don’t "frame" our home page on your site, or create a browser or border environment around our content. We can’t investigate everyone who wants to link to us or their websites or products, so please don’t do anything that might imply we are endorsing your website or products. Please don’t imply that you have any relationship with Accessible Home Store. Of course, don’t present any false information about us or our products. Please make your link a text-only link and don’t use our logos, trademarks, or any copyrighted materials from our site. Although we can’t promise that we will have a chance to do so, we’d be interested in seeing your website too, so if you link to our site, please send us the URL of your website page containing the link. Send that to [email protected]. You also agree that if we should ask you to remove the link to our website from your website, that you will do so within 48 hours of our request. Finally, don’t forget that we are a family-owned business. Please keep that in mind and do not place a link to our website on any site that wouldn’t be –ahem– appropriate for family viewing by all age groups.

Accessible Home Store (well, really, it's our lawyers, but they do look out for us) may revise these terms from time to time by updating or revising this posting. The revised terms will take effect as soon as we get around to posting them. We control and operate this website from our business in Wilkes Barre, Pennsylvania, United States of America, and we make no representation that these materials are appropriate or available for use in other locations. If you use this website from other locations you are responsible for compliance with applicable local laws. Some Accessible Home Store products are available in many parts of the world. However, this website may describe products that are not available worldwide.

By accessing this web site and using the information therein available and/or by purchasing any products or services made available through this site, you agree with the website operators, their service providers, affiliates, parents, subsidiaries and any content provider or offeror of goods or services on this site or through any other associated activity, that any claim or dispute you may have against or with any of these persons or entities, whether related to the described transactions or otherwise, including the enforceability of this arbitration agreement, will be resolved by final, binding arbitration under the Code of Procedure of arbitration-forum.com (the "Code") in effect at the time the claim is filed. The Code is available at www.arbitration-forum.com or can be obtained by calling 1-800-474-2371. This arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the laws of the Commonwealth of Pennsylvania regarding the enforcement of arbitration awards. Hearings shall be held as provided by the Code and if any In-person Hearing is required or held, it shall be held in Luzerne County, Pennsylvania at a location to be specified by Accessible Home Store. Accessible Home Store shall be awarded its attorney fees and all costs and expenses of the arbitration, including any related post-arbitration enforcement, collection or other legal action, in the event that Accessible Home Store prevails on any matter. If for any reason the above arbitration clause does not apply, or if there is any non-arbitration proceeding, including any proceeding to determine whether the arbitration clause shall be effective or enforceable, you expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Middle District of Pennsylvania or, for matters not susceptible of adjudication in the federal courts, the courts of the State of Pennsylvania, located in Luzerne County, in all disputes arising out of or relating to the use of our website. Accessible Home Store shall be awarded its attorney fees and all costs and expenses of the action, including any related post-decision enforcement, collection, appeal, or other legal action, in the event that Accessible Home Store prevails on any matter.

In all cases, these terms will be governed by and construed in accordance with the laws of the State of Pennsylvania, United States of America without regard to its conflicts of law provisions. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any claim or cause of action you may have with respect to this website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Rules Governing Automatic or Remotely Controlled Scanning of Our Site

This Website is for the use of consumers or potential consumers and may not be accessed by automatic or remotely controlled systems. You are specifically prohibited from any use of this website, and you agree not to use or permit others to use this website, for any of the following:
a)to take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, or delays the delivery of service to others by or through the website's infrastructure or resources;
(b) disclose to, or share with, any unauthorized third parties the ID's, assigned confirmation numbers and/or passwords, or use the ID's, assigned confirmation numbers and/or passwords for any unauthorized purpose, or otherwise allow or facilitate others to gain access to our information technology systems, environments, networks, files, data or accounts through the use of the ID's, assigned confirmation numbers and/or passwords;
(c) access or attempt to access our information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for You), or log into a server or account that you are not authorized to access;
(d) attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML code comprising or in any way making up a part of this website;
(e) interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of this website, or our systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise. The prohibited activity includes, but is not limited to, "denial of service" attacks, "flooding" of networks, deliberate attempts to, or activity which does, overload or burden excessively our resources, any monitoring, testing, repeated access of the Website, or other any other activity which results in an overloading of our resources or results in substantial delay or denial of service or resources to consumer users of our website, attempts to "crash" a host, and/or modifying or rerouting any Content or services provided at this website;
(f) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with this website;
(g) upload, post, e-mail or otherwise transmit any Information, Content, or proprietary rights that you do not have a right to transmit under the Terms, any law or other contractual or fiduciary relationships; and/or
(h) use any robot, spider, intelligent agent, meta-searching, other automatic devices, or manual process to search, monitor, test, evaluate, or copy any part of this website, without our prior written permission, provided that generally available third party Web browsers, such as Netscape Navigator. and Microsoft Internet Explorer. may be used without such permission, provided that they have not been modified or programmed to access our website in a manner prohibited by the other sections of these Terms and Conditions.

YOU AGREE TO INDEMNIFY US AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND OPERATIONAL SERVICE PROVIDERS ON DEMAND AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES SUFFERED OR REASONABLY INCURRED BY US, INCLUDING TREASONABLE COUNSEL FEES AND EXPENSES, AS A RESULT OF, OR IN CONNECTION WITH, YOUR ACCESS TO AND USE OF THE SITE OTHER THAN IN ACCORDANCE WITH THESE TERMS OR ANY APPLICABLE LAW OR REGULATION.

Back To Top