Terms Of Service

Terms of Service (TOS)

Warden Hardware

Effective Date: 07/01/2025

1. Acceptance of Terms

By purchasing, accessing, or using products or services from Warden Hardware (“Company”), you (“Customer”) acknowledge and agree that you are bound by these Terms of Service. If you do not agree to these terms, you must not use the products or services of the Company.

2. Customer’s Liability and Indemnification

1. Assumption of Risk
   
   

   • The Customer assumes all risks and responsibilities associated with the installation, operation, maintenance, and repair of products supplied by the Company.
     
     

   • The Customer agrees to use the products in a lawful manner, consistent with all applicable federal, state, and local laws in the United States, including those in the State of West Virginia.
     
     

2. Indemnification
   
   

   • The Customer shall indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, and agents from any and all claims, damages, demands, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
     
     

     • Any misuse, alteration, or modification of the products by the Customer or a third party.
       
       

     • Any failure by the Customer to properly install, maintain, or operate the products.
       
       

     • Any claim that the Customer’s use of the products violates any applicable law, regulation, or third-party right.
       
       

3. Company’s Liability Disclaimer

1. Disclaimer of Warranties
   
   

   • The Company provides all products “as is” and disclaims all warranties, express or implied, to the maximum extent permitted by applicable U.S. and West Virginia law. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from a course of dealing or usage in trade.
     
     

2. Limitation of Liability
   
   

   • To the fullest extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages. This includes, without limitation, damages for personal injury, property damage, loss of profits or revenue, business interruption, loss of data, or any other loss arising from or relating to the installation, use, or failure of the products, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if the Company has been advised of the possibility of such damages.
     
     

   • Any potential liability that cannot be disclaimed under West Virginia law is expressly limited to the purchase price paid by the Customer for the specific product(s) giving rise to the liability, if permitted by law.
     
     

4. Compliance with United States and West Virginia Law

• The Customer agrees that the use of the products is subject to all applicable U.S. federal laws and regulations, and specifically those of the State of West Virginia. It is the Customer’s sole responsibility to ensure that any installation or usage complies with local building codes, safety standards, and other applicable legal requirements.
  
  

5. Intellectual Property Rights

All trademarks, trade names, logos, and other intellectual property associated with the Company and its products are the exclusive property of the Company. The Customer is granted no rights to such intellectual property, except as necessary for use of the purchased product.

6. Updates and Modifications

The Company reserves the right to amend or update these Terms of Service at any time. Any changes will be posted on the Company’s website and become effective immediately upon posting. Continued use of the products or services after such changes constitutes acceptance of the revised Terms.

7. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of West Virginia, without regard to its conflict-of-laws principles. Any disputes arising under or relating to this Agreement shall be resolved exclusively in the federal or state courts located in West Virginia, and the parties consent to the personal jurisdiction of such courts.

8. Severability

If any provision of these Terms of Service is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the remaining provisions of these Terms shall remain in full force and effect.

9. Entire Agreement

These Terms of Service constitute the entire agreement between the parties regarding the subject matter herein and supersede any prior or contemporaneous communications, whether electronic, oral, or written, between the Customer and the Company regarding the products or services.

10. Contact Information

Questions regarding these Terms of Service should be directed to:
Warden Hardware
contact@wardenhosting.com