Terms and Conditions
This website is owned and managed by My Home Workshop, LLC. By using any part of MHW or any area of MHW CLUB®,
Smitty's Club, and/or myhomeworkshop.com®, you agree to all of the following terms and conditions of use.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION:
Please see the Privacy Statement for our policies with regard to your privacy and personal information.
PERSONAL AND NON-COMMERCIAL USE:
MHW CLUB®, Smitty's Club, and myhomeworkshop.com® are provided for your personal and non-commercial use only and
the user there of is subject to your compliance with this Terms of Use (“Agreement”). Please read this Agreement carefully
before using this website or any part thereof. Your use of this website constitutes your acceptance to be bound by this
Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this
Agreement, you must immediately discontinue use of all parts of this website. Other than for your personal use, you may not
reproduce or copy, change or modify, distribute, transmit, display, perform or publish, license or create any type of derivative
works from, transfer, give or sell any of the information, software or products which you may or which may be obtained from
MHW CLUB®, Smitty's Club, or myhomeworkshop.com without our prior written consent which, at our sole discretion, may or
may not be given. IF YOU WISH TO REPRINT OR RE-DISTRIBUTE ANYTHING WITHIN THIS WEB SITE, PLEASE USE THE
CONTACT US FIRST. All other inquires must be submitted in writing to: My Home Workshop LLC. 6099 Wallflower Pl. Boise,
Idaho, 83716
MEMBER ACCOUNT, PASSWORD AND SECURITY:
In order to become a member of MHW CLUB® and/or Smitty's Club you must fully complete the registration process by
providing complete and accurate information as required within the online registration form. The combination of your e-mail
address and user name you enter at the time of registration form a unique identifier for your account. If MHW CLUB® or
Smitty's Club does not recognize you from a previous sign in, you will be asked to enter the e-mail address that we have on
file to help us locate your account. It is your responsibility to maintain the confidentiality of your password and account. You
are solely responsible for any and all activities that occur under your account. You agree to notify MHW CLUB®, and/or
Smitty's Club immediately of any unauthorized use of your account. MHW’S CLUB® and Smitty's Club are not liable for any
loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
In connection with your membership, you hereby agree that MHW’S CLUB® and Smitty's Club has the right to e-mail renewal
notices to the e-mail address that you provided and we have on file for your membership account, and you consent to receive
these e-mail renewal notices. After receipt of e-mail renewal notices, you will be given the opportunity to Opt Out from
receiving any future e-mail renewal notices for the remainder of the term of that membership period to MHW’S CLUB® and/or
Smitty's Club.
RESTRICTIONS ON USE:
As a condition of your use of MHW’S CLUB® and/or Smitty's Club you hereby agree that you will not, in way whatsoever, use,
nor will you allow to be used, MHW’S CLUB® and/or Smitty's Club for any purpose that is unlawful or is otherwise prohibited
by these terms, conditions and notices. You may not use the MHW’S CLUB® and/or Smitty's Club in any manner which could
damage, disable, overburden or impair any area or operation of the Web site or otherwise interfere with any other party's full
use and enjoyment of MHW’S CLUB® and Smitty's Club Web site. You may not attempt to gain unauthorized access to MHW’
S CLUB® and/or Smitty's Club and any related Web site, other accounts, computer systems or networks connected to MHW’
S CLUB®, Smitty's Club, or myhomeworkshop.com through hacking, password mining or any other means. You may not
obtain or attempt to obtain any materials or information through any means not intentionally made available to all registered
users through MHW’S CLUB® and/or Smitty's Club. Your access to MHW’S CLUB® and/or Smitty's Club may be terminated
immediately, without notice, if you fail to comply with any provisions of these terms and conditions.
SUBMISSIONS:
MHW’S CLUB® and/or Smitty's Club will not accept, review or consider any unsolicited submissions. Any submissions to
MHW’S CLUB® and/or Smitty's Club shall become the property of My Home Workshop LLC. No submission will be subject to
any reimbursement or any other type payment by us.
Any and all materials submitted to MHW’S CLUB® and/or Smitty's Club especially including messages intended for posting
on, or currently posted on the Message Boards, is subject to our approval. We may, at our sole discretion, edit modify, reject
or delete any material posted or submitted.
CANCELLATION:
MHW’S CLUB® Membership and/or Smitty's Club memberships are available for $9.99per year. Once you join MHW’S
CLUB® and/or Smitty's Club your subscription will be extended automatically on a yearly basis. Your credit card will be
charged for each extension. However, you may cancel your subscription at any time as fully described below.
You may cancel your membership to MHW’S CLUB® and/or Smitty's Club by notifying us via E-Mail with the title "Cancel
Subscription." We will return the unused portion of your MHW’S CLUB® and/or Smitty's Club membership fee on a 52-week
pro-rated basis within ninety days (90) days of your having cancelled your membership.
MHW’S CLUB® and Smitty's Club reserves the right to terminate your access to MHW’S CLUB® and/or Smitty's Club or any
portion thereof for any reason, at any time, without prior notice to you. Upon such termination, MHW’S CLUB® and/or Smitty's
Club shall return the unused pro-rata portion of your MHW’S CLUB® and/or Smitty's Club membership fee on a 52-week pro-
rated basis to you within ninety (90) days of the termination of your access to MHWS CLUB® and/or Smitty's Club.
LINKS TO THIRD-PARTY SITES:
MHW’S CLUB® and Smitty's Club contains links to third-party Web sites. These linked sites are not under the control of MHW’
S CLUB® or Smitty's Club. We have no responsibility and hereby expressly disclaim any liability, ownership and/or copyrights
to or for the contents of any linked site herein.
THIRD PARTY MERCHANTS / VENDORS:
This Website may enable you to order and receive products, information and services from businesses that are not owned or
operated by My Home Workshop LLC, myhomeworkshop.com®, MHW’S CLUB®, or Smitty's Club. The purchase, payment,
warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information,
opinion or advice ordered or received from such businesses are solely between you and such businesses. My Home
Workshop, LLC, myhomeworkshop.com®, MHW’S CLUB®, or Smitty's Club does not endorse, warrant, or guarantee such
products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the
quality of availability of such products or services. My Home Workshop, LLC, myhomeworkshop.com®, MHW’S CLUB®, and
Smitty's Club will not be a party to or in any way responsible for monitoring any transaction between you, as a use or
customer and any third-party providers of such products, services, or information, or for ensuring the confidentiality of your
credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your
responsibility and are not part of any fees charged for using this Website.
LIABILITY DISCLAIMER:
MY HOME WORKSHOP,LLC AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ABSENCES OF VIRUSES,
SPYWARE, MALWARE OR OTHER HARMFUL COMPONENTS HEREIN. WE MAKE NO WRRANTY OR GURANTEE
(EXPRESSED OR IMPLIED) REGARIDING THE ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED WITHIN KIM’S CLUB® FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. MY HOME WORKSHOP< LLC.,AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
BY USING THIS WEBSITE, YOU SPECIFICALLY AGREE THAT MY HOME WORKSHOP LLC, MYHOMEWORKSHOP.COM®,
MHW’S CLUB®, OR SMITTY'S CLUB SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION
OR INTERCEPTION OF YOUR PERSONAL INFORMATION/DATA, TRANSMISSIONS OR OTHER DATA, ANY MATERIAL OR
DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH MHWS
CLUB® AND/OR SMITTY'S CLUB YOU SPECIFICALLY AGREE THAT MHW’S CLUB® AND/OR SMITTY'S CLUB IS NOT
RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN MHW’S CLUB® AND/OR SMITTY'S CLUB BY ANY
THIRD PARTY. YOU FURTHER AGREE THAT MYHOMEWORKSHOP, LLC. AND/OR ITS RESPECTIVE LICENSORS,
AFFILIATES AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO MHW’S CLUB® AND/OR SMITTY'S CLUB
AND/OR MAY DISCONTINUE ANY PART OF MHW’S CLUB® AND/OR SMITTY'S CLUB AT ANY TIME.
IN NO EVENT SHALL MY HOME WORKSHOP, LLC. MYHOMEWORKSHOP.COM®, MHW’S CLUB® , OR SMITTY'S CLUB
AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR UNAUTHORIZED ACCESS TO OR ALTERATION OR INTERCEPTION OF YOUR PERSONAL
INFORMATION/DATA, TRANSMISSIONS OR OTHER DATA, LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF MHW’S CLUB®, AND/OR SMITTY'S CLUB, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH MHW’S CLUB®
AND/OR SMITTY'S CLUB OR OTHERWISE ARISING OUT OF THE USE OF MHW’S CLUB® AND/OR SMITTY'S CLUB,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD
INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN MY HOME WORKSHOP’S TOTAL AND MAXIMUM LIABILITY
FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO YOUR MEMBERSHIP FEE. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF MHW’S CLUB® AND/OR SMITTY'S CLUB OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING MHW’S CLUB® AND/OR SMITTY'S CLUB AND HAVE RETURNED TO
YOU THE UNUSED PRO-RATA PORTION OF YOUR MEMBERSHIP FEE ON A 52-WEEK PRO-RATED BASIS.
MODIFICATION OR CHANGES OF THESE TERMS OF USE:
This Agreement is effective as of November 14, 2007. Myhomeworkshop.com, MHW’S CLUB®, and Smitty's Club reserves
the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time.
My Home Workshop,LLC. will provide notice of any changes on this Website. Such notice may be in advance or after the fact.
Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the Website or MHW’S
CLUB® and/or Smitty's Club constitutes your full acceptance and agreement to be bound by these changes without
limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of
Website.
INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless My Home Workshop, LLC., myhomeworkshop.com® ,MHW’S CLUB®,
and/or Smitty's Club its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and
against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable
attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms (if any), or any warranty
you provide herein, or otherwise arising in any way out of your use of this Website and any related My Home Workshop,LLC., ,
myhomeworkshop.com.®, MHW’S CLUB®, and/or Smitty's Club Internet Service and/or software. MY HOME WORKSHOP,
LLC., myhomeworkshop.com®, MHW’S CLUB®, and Smitty's Club reserves the right to take exclusive control and defense of
any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with My Home Workshop,
LLC., myhomeworkshop.com®, MHW’S CLUB®, and Smitty's Club in asserting any and all defenses which are or may be
available to us.
GOVERNANCE / JURISDICTION / NO WAVER:
These Terms & Conditions are governed by the laws of the State of Idaho, without respect to its conflict of laws principles.
Jurisdiction for any claims arising under this agreement shall lie exclusively with the appropriate state or federal courts which
are physically located within Ada County, Idaho. The U.N. Convention of Contracts for the International Sale of Goods is
expressly excluded from any interpretation of this Agreement. If any provision of these terms and conditions are found to be
invalid by any court having competent jurisdiction, then the invalidity of such provision shall not affect the validity of the
remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these
terms and conditions shall be deemed a further or continuing waiver of such term or any other term. These terms and
conditions constitute the entire agreement between you and MY HOME WORKSHOP,LLC., myhomeworkshop.com®, MHW’S
CLUB® , and Smitty's Club with respect to the use of MHW’S CLUB® and Smitty's Club. No changes to these terms and
conditions shall be made except by a revised posting on this Web page, and these terms and conditions may not be
modified by any advertisements of My Home Worhshop, LLC., or oral or written communications by My Home Workshop,
LLC.,, except for a written communication from an authorized officer of My Home Workshop,LLC.
COPYRIGHT AND TRADEMARK NOTICE:
My Home Workshop, LLC., myhomeworkshop.com®, MHW’S CLUB®, and Smitty's Club and all material pertaining thereto is
a Registered Trademark. Any and all other material herein is protected by Copyright © 1995 – 2008 My Home Workshop,
LLC. All Rights Reserved.
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