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Terms of Use

Effective Date: 01/20/2026

PLEASE READ THESE TERMS CAREFULLY. These Terms of Use (“Terms of Use”) govern your use of the websites, mobile applications, and other services operated by Do it Best Commerce Company, L.L.C. (“Do it Best,” “we,” or “us”) where these terms are posted (collectively, the “Sites”), including Sites operated for Stores and our corporate Affiliates (both terms as defined below in Section 21).

This is a binding agreement between you as a user of the Sites and Do it Best. By creating an account, purchasing products or services, or otherwise using the Sites, you expressly represent that you (i) are legally competent to enter into this agreement, (ii) are above the age of majority in your jurisdiction of residence, and (iii) agree to be bound by these Terms of Use (whether or not you are a registered Account holder). If you are agreeing to these Terms of Use on behalf of yourself, and not a business or entity, all uses of “you” or “your” in these Terms of Use refer to you individually. If you are agreeing to these Terms of Use on behalf of a business or other entity, you further represent that you have the authority to bind such entity to these Terms of Use (and all subsequent uses of “you” or “your” in these Terms of Use refer to the entity you represent, not you individually). If you do not have such authority, or if you do not agree with these Terms of Use, you must not accept these Terms of Use and must not access the Sites.

IMPORTANT NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

1. SITES AND CONTENT

The Sites and their content, features and functionality, including information, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof (collectively, the “Content”), are the exclusive property of Do it Best or its Affiliates or Stores (collectively, the “Do it Best Parties”) or their licensors or other content suppliers, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license (the “License”). Subject to these Terms of Use, you can use the Sites and related Content only for personal, non-commercial or internal business use in connection with reviewing, considering, purchasing or otherwise engaging in transactions involving our Products and offerings or otherwise transacting business with the Do it Best Parties. As a condition of the License, you agree that you will not use the Sites for any purpose that is unlawful, immoral or prohibited by these Terms of Use. The License does not apply if you are barred from the Sites by applicable law or your access is terminated by us. If these Terms of Use are not enforceable where you are located, you may not use the Sites. Do it Best reserves all right, title, and interest not expressly granted under the License to the fullest extent possible under applicable laws. We reserve the right to refuse service, terminate Accounts and/or the License, and/or cancel orders in our discretion, including, without limitation, if we believe that your conduct violates these Terms of Use or applicable law or is harmful to the interests of the Do it Best Parties. We may change, suspend, or discontinue all or any aspect of the Sites at any time without notice.

Under the License, you may download information from the Sites and print out a hard copy of Content for your personal, non-commercial use, or internal business use, provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained thereon. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of us or any applicable third-party suppliers. The License does not include any resale or commercial use of the Sites or Content; any collection and use of any product listings, content, descriptions, or prices, including as input into, or for the purposes of training, any artificial intelligence, model or algorithm; any derivative use of the Sites or Content; or any downloading or copying of account information for the benefit of another merchant or organization. You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine or systematically scrape or extract data from the Sites. Further, without the prior written permission of Do it Best, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Sites, or incorporate any intellectual property of the Sites, Do it Best or any of its licensors into another website or other service.

All rights not expressly granted herein are reserved. Downloading of any information, content or images from the Sites does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with the License and these Terms of Use.

2. ADDITIONAL AND REVISED TERMS

You may be eligible to participate in certain features, functionalities, offerings, or promotional programs through the Sites (collectively “Programs”). Some Programs may be subject to different or additional terms, rules, guidelines or policies (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. All Additional Terms are hereby incorporated by reference into these Terms of Use. From time to time, Additional Terms may conflict with these Terms of Use. In the event of such a conflict, the Additional Terms will control with respect to applicable Sites, services, and Content. Any reference to the “Terms of Use” in this agreement includes applicable Additional Terms.

We can revise these Terms of Use at any time by updating this document or otherwise providing notice to you (including online via the Sites, via your Account, or via email or other contact method you have provided), and your use (including the purchase of Products) after such change signifies your acceptance of the modified terms. Please check these Terms of Use periodically for changes.

3. ACCOUNT

To use certain aspects or functionality of the Sites or participate in certain Programs of the Do it Best Parties, you may be required to create an account (an “Account”). If you open an Account on doitbest.com you will be automatically enrolled in the Best Rewards Program (see Section 9 for details). You agree to provide truthful and accurate information during the Account creation process. You also agree to maintain the accuracy of any submitted data. Providing information that is untrue, inaccurate, or incomplete, or otherwise acting in a false or misleading manner during the Account creation process may result in termination of your Account. You or we may suspend or terminate your Account and/or your use of the Sites at any time, for any reason or for no reason. You are responsible for preserving the confidentiality of your Account password and agree to notify us of any known or suspected unauthorized use of your Account. YOU AGREE THAT YOU ARE RESPONSIBLE FOR THE ACTS AND OMISSIONS OF ANY PERSON WHO USES THE SITES UNDER YOUR ACCOUNT.

4. LINKS TO THIRD PARTY CONTENT

The Sites contain links to third-party sites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. Do it Best has no control over the content or policies of such third-party sites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any sites linked to the Sites. Those who choose to access information from the Sites (including any information obtained through any link) are solely responsible for the compliance of such information with any applicable law. Our inclusion of a link 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 our inclusion of the link imply that we are authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.

5. USER CONTENT

Certain aspects of the Sites may permit users to submit, post, link, share, or otherwise make available information and content (“User Content”). User Content has not necessarily been reviewed or approved by Do it Best, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any such content. Any views or opinions expressed in User Content belong to the users who shared the content and not to us. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on any such content.

Your User Content includes any communications, comments, data, review or feedback that you provide to the Do it Best Parties in any form, including orally or via the Sites, Services, email or chat. In exchange for the opportunity to use the Sites and submit, post, link, share, or otherwise make available User Content, you automatically grant, or warrant that you and/or the owner of such content has expressly granted, to the Do it Best Parties a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the User Content in any media or medium, or any form, format, or forum now known or hereafter developed, all without any compensation or attribution to you. We may sublicense these rights through multiple tiers of sublicenses.

User Content you provide, including in e-mails to the Do it Best Parties, shall not be deemed confidential and we shall not have any obligation to keep any such material confidential. Do not send us any unsolicited original creative materials such as product ideas or suggestions. We shall be free to use any ideas, concepts, know-how or techniques contained in User Content for any purpose whatsoever, including developing, manufacturing, and marketing products incorporating such information, without compensation. You are responsible for your User Content, and acknowledge that once published, we cannot always remove it.

If you provide your name or other biographical information in connection with your User Content, such information will be considered part of your User Content and usable as provided in this Section, including by publicly identifying you as the source of the User Content. You represent and warrant that you own or otherwise possess sufficient rights to your User Content for use as contemplated in these Terms of Use, including that all "moral rights" in provided materials have been waived; that the User Content is accurate; and that use of the User Content you supply does not violate these Terms of Use or any third-party’s rights, and will not cause injury to any person or entity. To the fullest extent permitted by law, you hereby agree to indemnify and hold harmless the Do it Best Parties for all claims resulting from a breach of the foregoing warranties or otherwise from the User Content you supply.

For avoidance of doubt, all User Content on the Sites is considered Content. As such, aside from the limited License to access and use the Sites and the Content expressly granted in these Terms of Use, you may not use or exploit User Content shared by another party in any way without the prior written permission of Do it Best or the owner of such content.

6. INTERACTIVE AREAS AND ACCEPTABLE CONDUCT

Do it Best is not obligated to, but reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by users and third parties on the Sites, including User Content and any such information provided in comment or other interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.

When participating in interactive portions of the Sites, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

  1. You will not upload or otherwise provide false, infringing, defamatory, profane, obscene, pornographic, harassing, hateful, threatening, abusive, unlawful, illegal or otherwise improper content.
  2. You will not upload viruses or harmful components.
  3. You will not use a Sites to further any illegal purpose or to violate the rights of any party.
  4. You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
  5. You will not upload or otherwise provide content that infringes any copyright, trademark, trade secret, or other right of any party, including the publicity and privacy rights of any person (living or deceased);

You acknowledge and agree that we have the right to (i) disclose your identity or other relevant information about you to any third party who claims that User Content shared by you violates their rights; or (ii) take legal action, including referral to law enforcement, with respect to any suspected illegal or unauthorized use of the Sites; and (iii) cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or information of any user of the Sites.

Notwithstanding the use restrictions in this Section 6, nothing in these Terms of Use shall prohibit or restrict your ability to (i) make any “statement” protected by Cal. Civ. Code § 1670.8; (ii) engage in a “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (iii) express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about the Do it Best Parties, their employees or agents, or their products or services, to the extent that such Reviews are protected under applicable law.

7. PRODUCTS AND TERMS OF SALE

Your purchase of products or services via the Sites (“Products”) is subject to the following Terms of Sale (as well as the rest of the Terms of Use) which set forth terms applicable to the order, delivery and return of Products offered through the Sites. If you do not agree to these Terms of Sale, please do not order Products from the Sites.

  • (a) Product Descriptions and Availability

    • We strive to be as accurate as possible and eliminate errors on the Sites. However, there may be information on the Sites that contains typographical errors, inaccuracies, or omissions and they may relate to Product descriptions, promotions, offers and/or availability. Certain Products advertised on the Sites may have limited quantities and/or availability. We cannot guarantee the availability of any particular Product displayed on the Sites. In some cases, merchandise displayed for sale on the Sites may not be available in certain Stores. Product prices on the Sites may vary from other advertised prices due to varying conditions in different geographic markets. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Sites at any time and without prior notice (including after you have submitted an order). In the event that any errors, inaccuracies, or omissions affect an order you have already placed, your sole remedy is to cancel your order prior to it shipping, in compliance with any applicable policies. We cannot guarantee that your device’s display of the colors of Products on the Sites will always be accurate. Differences in color and other variations between a Product displayed on the Sites and the actual product are possible due to display technologies or for other reasons. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any Product purchased from the Sites.

  • (b) Orders and Acceptance

    • By placing an order you are making an offer to purchase the indicated Products in accordance with these Terms of Use including these Terms of Sale. All orders are subject to availability and we reserve the right to limit the quantity of items that may be purchased from time to time. All orders are expressly conditioned upon acceptance by us, and we may refuse or cancel orders for any reason at any time, including breach of these Terms of Use. If your credit card or payment account has already been charged for a purchase and your order is not accepted, we will issue an appropriate credit to your credit card or payment account. Shipment of products will constitute our acceptance of your order. We reserve the right to reject orders that we suspect to be placed by resellers (i.e., any company or an individual that is seeking to purchase goods with the intention of selling them rather than using them) and otherwise to cancel or modify orders as we deem necessary, and we shall have no liability to you other than refunding your order, if applicable. Without limiting the preceding sentence, we may limit or cancel quantities purchased per person, per household, or per order. If we modify or cancel an order, we will attempt to notify you via the contact information we have on file for you.

  • (c) Pricing

    • All prices on our Sites are listed in U.S. Dollars. Prices do not include shipping and taxes which shall be charged on all orders as applicable and will be indicated at the time of your order. In the event a Product is listed at an incorrect price due to typographical or other error in pricing, we have the right to refuse or cancel any orders placed for the Products listed at the incorrect price whether or not the order has been confirmed or accepted and your credit card or account charged. If your credit card or payment account has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card or payment account in the amount of the incorrect price.

  • (d) Payment

    • YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD DESIGNATED FOR AN ORDER. By submitting any payment information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of your order. Please note that in the event you dispute an order, we reserve the right at our option to the fullest extent permitted by law, to seek reimbursement of any related costs incurred by us, to turn any past due account over to collections and/or report delinquent payment to credit bureaus.

  • (e) Return Policy

    • Product returns are subject to our Return Policy (click here) (the “Return Policy”) which is hereby incorporated into these Terms of Use.

  • (f) Product Warranty

    • Products offered through the Sites shall be subject to the Return Policy above and shall be warranted by Do it Best only through the return right provided in the Return Policy. THE DO IT BEST PARTIES MAKE NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, DURABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. Products offered through the Sites may also be subject to a warranty offered by the manufacturer or distributor of such Product as provided in the written license or warranty provided in connection with such Product. The Do it Best Parties have no liability or responsibility with respect to any such warranty and you acknowledge and agree your sole recourse with respect to any such warranty shall be with the applicable manufacturer or distributor of such Product. THE FOREGOING WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LENGTH OF ANY SUCH WRITTEN LIMITED WARRANTY.

  • (g) Shipping Policy

    • (i) Shipping Charges. All available shipping methods and shipping charges will be calculated and displayed via the shopping cart. Once you have moved into the checkout process, your shipping methods may change depending on the destination and address. PO Boxes, FPO, APO, American Samoa, Guam, Marianas Pacific, Marshall Islands, Micronesia, Palau, Puerto Rico, and the Virgin Islands will only ship via the standard shipping method via Priority Mail. Items shipping to Alaska and Hawaii will ship via Standard Shipping using Priority Mail when available and Next Day and Second Day Air via UPS Certain stores allow for the Ship-to-Store option when the item is available for shipment to their store. Ship-to-Store allows the order to ship free and is typically available on the next available store delivery. The Ship-to-Store option will display if available. To find available Ship-to-Store locations, use our store locator and select Ship-to-Store in the Store type before clicking the Search for Stores button.

      (ii) Additional Handling and Oversize Charges. Some of the items that we make available to you online require additional handling fees and oversize charges from UPS. We indicate those affected items with the statement “Additional handling” or “Oversize” on the product page, in your shopping cart and during checkout. Contact Customer Care at 855-828-9792 between 8am and 6pm (Eastern Time) to answer additional questions.

  • (h) Cancellation Policy

    • Orders cannot be cancelled once Product is shipped. In some cases, Ship-to-Store orders may be subject to cancellation prior to customer pick up. To cancel an order you must contact Customer Care at 855-828-9792 any time Monday through Friday 8 am-6 pm ET.

8. PRIVACY

Please see our Privacy Policy (click here) (“Privacy Policy”) for information regarding the collection and use of personal information from the Sites. If you do not agree to the Privacy Policy terms, you may not use the Sites or our services. By using the Sites after agreeing to these Terms of Use, you are representing to us that you understand and accept how we collect, use, and disclose information concerning your use of the Sites, as set forth in our Privacy Policy.

Despite any representations concerning privacy, the Do it Best Parties reserve the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of the Sites may include additional or different terms relating to the use of personal information collected from such areas or pages.

9. LOYALTY PROGRAMS

Your participation in a loyalty Program (e.g., Best Rewards or True Value Rewards), including through use of your loyalty program rewards number for purchases, is subject to the program terms for such loyalty programs (click here) (the “Program Terms”) which are hereby incorporated into these Terms of Use as Additional Terms. If you open an Account on doitbest.com you will be automatically enrolled in the Best Rewards loyalty Program. You may also enroll in Best Rewards or True Value Rewards as set forth in the applicable Program Terms. Please see our Privacy Policy (click here) for information regarding the collection and use of personal information in connection with the Best Rewards and True Value Rewards Programs (which includes information regarding your purchases and transactions with Do it Best Parties), including how it is shared with and used by Stores. If you do not agree to all of the Program Terms (including the Privacy Policy terms), you must withdraw from the Best Rewards and True Value Rewards Programs (click here) and may not participate in the such Programs or receive program rewards or benefits. In the event of a conflict between the Program Terms and the rest of these Terms of Use, the Program Terms shall control with respect to the applicable loyalty ProgramSMS/TEXT MESSAGE AND MARKETING TERMS

The Sites may offer the ability to receive text messages and alerts from Do it Best Parties (the “Texting Program”), subject to these SMS/Text Message and Marketing Terms (the “Texting Terms”). By providing your phone number when presented with a link to, or other notice of the existence of, these Texting Terms, or otherwise consenting to participate in the Texting Program, you agree that you are bound by these Texting Terms, and agree to receive communications from Do it Best Parties, including by text message to your mobile phone number, even if your mobile number is registered on any state or federal do-not-call list. Communications include recurring text messages via SMS/MMS regarding alerts, transactional matters (including texts related to your orders and account), marketing offers, promotions, identification verification requests, receipts, reminders, updates and any other matters related to the Sites or associated Products and services (collectively, “Mobile Messages”). Message frequency varies. You represent and warrant that you are authorized to provide any mobile number supplied to us, that you will not provide to the Do it Best Parties any telephone number that is not assigned to you, and that if you obtain a new telephone number, you will promptly notify Do it Best that your prior telephone number is no longer assigned to you. Consent to the Texting Program is not a condition of purchase. If you do not wish to continue participating in the Texting Program or no longer agree to these Texting Terms, you can reply “STOP” to any mobile message from Do it Best in order to opt out of the Texting Program.

  • (a) User Opt In

  • Users affirmatively opting into the Texting Program, such as by signing up online, by providing your mobile telephone number, or by texting a keyword to Do it Best in response to a written or verbal call-to-action may receive mobile messages via SMS/MMS. Regardless of the opt in method you utilized to join the Texting Program, you agree that these Texting Terms apply to your participation in the Texting Program. The mobile messaging service or carrier used by Do it Best to communicate with you does not have the capacity to generate telephone numbers or initiate messages without human intervention. Thus, Do it Best’s mobile messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by opting into the Texting Program, you agree to receive autodialed mobile messages, including promotional messages, and you understand that such consent is not required to make any purchase from the Do it Best Parties.

  • (b) Cost and Frequency

  • Message and data rates may apply. The Texting Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with Do it Best Parties.

  • (c) Contact Information

  • For support, text “HELP” to any Do it Best mobile message or reach out to us at the contact points set forth at the end of these Terms of Use.

  • (d) User Opt Out and Additional Commands

  • To opt out of receiving mobile messages, reply “STOP” to any mobile message you received from Do it Best on your mobile device. This is the easiest and preferred method to opt out receiving mobile messages through the Texting Program. You understand and agree that you may have to separately opt out of other types of mobile messages to which you have previously opted-in but no longer wish to receive (for example marketing text messages vs. order related text messages), as these may be sent by different services or different numbers. You may receive an additional mobile message confirming your decision to opt out. The Texting Program may recognize or respond to subsequent commands and keyword queries. Thus, you may receive additional informational text messages based on your interaction with the Texting Program, even after opting out of receiving the Texting Program’s recurring alerts. You acknowledge and agree that, notwithstanding any prior opt out attempt, you consent to receive further messages from or on behalf of the Do it Best Parties that result from your continued interaction with the Texting Program. Do it Best may also provide you instructions on how to rejoin receiving the Texting Program’s recurring mobile alerts when you unsubscribe. You agree that you are subject to the Texting Terms, including any modifications thereto then in effect, when you resubscribe to the Texting Program through any of the available options to do so.

    Please also note that replying “STOP” to any Texting Program mobile message will only result in opting out of Texting Program mobile messages, and will not affect or otherwise opt you out of receiving other communications from Do it Best Parties, including emails, voice telephone calls (including live voicemails and/or voicemail drops) or text messages sent from another telephone number. For example, a Do it Best customer service representative may be separately communicating with you via voice telephone calls about your orders, and texting “STOP” to a Texting Program message will not opt you out of this separate communication.

  • (e) Disclaimer

  • The Do it Best Parties and any associated mobile messaging service or carrier will not be liable for any delays or failures in the receipt of, misdirected delivery of, or any errors in, any mobile messages connected with the Texting Program or your reliance thereon. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Do it Best’s control. If you are dissatisfied with the Texting Program or any content provided by Do it Best, your sole remedy is to discontinue participation in the Texting Program. You acknowledge that your participation in the Texting Program is at your own risk. THE LIABILITY OF DO IT BEST PARTIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE TEXTING PROGRAM SHALL BE LIMITED AS PROVIDED IN THE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TEXTING TERMS, DO NOT OPT INTO THE TEXTING PROGRAM. We have the right to modify any telephone number or short code we use to operate the Texting Program at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

  • (f) Privacy Policy and Personal Information

  • Do it Best will use and disclose personal information you provide to operate the Texting Program in accordance with our Privacy Policy. If you do not agree to the Privacy Policy terms, you may not use the Texting Program and must opt out. When you provide the Do it Best Parties information in connection with the Texting Program, you agree to provide accurate, complete, and true information. You agree not to use any false or misleading information or phone number that you are not authorized to use. If Do it Best, in its sole discretion, believes that any information is untrue, inaccurate, or incomplete, or you have opted into the Texting Program improperly or for an ulterior purpose, Do it Best may refuse you access to the Texting Program and pursue any appropriate legal remedies.

10. VIDEO CONTENT ON THE SITES AND TARGETING TOOLS

The Sites may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing user experience on the Sites and the Do it Best Parties are not in the business of renting, selling, or delivering Video Content in a commercial manner. By using the Sites, you agree that the Do it Best Parties are not a “video tape service provider” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710.

Further, as disclosed in our Privacy Policy the Sites may utilize online tracking technologies and code-based tools, including social media pixels, software development kits, and cookies that track information about your activity on the Sites (collectively, “Targeting Tools”). Targeting Tools may result in information about your activity on the Sites being transmitted from your browser to the Do it Best Parties and to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites. Whether Targeting Tools on the Sites result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of our knowledge or control, including what third-party websites you use, what information you have provided to such third parties, and whether (and the extent to which) you have limited the use of cookies by the operators of third-party websites. As such, you hereby acknowledge and agree that, if Targeting Tools on the Sites result in your browser’s transmission of information to third-party websites, (i) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by the Do it Best Parties under the VPPA and (ii) you will not initiate any litigation or otherwise assert any claim against any Do it Best Party based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), or any other statute, regulation, or cause of action.

11. DISCLAIMER OF WARRANTIES

The Do it Best Parties make no representations or warranties that any Site or associated services are free of defects, viruses or other harmful components. The Do it Best Parties shall not be responsible for any damages or loss that may result from the hacking or infiltration of the Sites or the Do it Best Parties’ computer systems. The pages on the Sites may contain technical inaccuracies, outdated information and typographical errors.

EXCEPT AS OTHERWISE SPECIFIED IN THESE TERMS OF USE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND ALL INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITES ARE PROVIDED "AS IS," AND THE DO IT BEST PARTIES DO NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, DURABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO THEY IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, PRODUCTS OR SERVICES THAT ARE MADE AVAILABLE OR OBTAINED BY WAY OF THE SITES. WE DO NOT WARRANT THAT THE SITES WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF USE SEEKS TO EXCLUDE ANY WARRANTIES THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Do it Best Parties and their officers, shareholders, managers, employees, agents, directors, successors, assigns, suppliers, and licensors (“Representatives”) from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to: (i) your breach of any of the Terms of Use; (ii) any User Content you provide; (iii) any activity under your Account, (iv) your violation of any law or the rights of a third party.

We reserve the right to assume defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with us if and as requested by us in the defense and settlement of such matter You may also choose to participate in such claim at your own expense. You agree never to settle any matter subject to indemnification by you hereunder, or incur any liability or admission of guilt on our behalf, absent our prior written consent.

13. LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DO IT BEST PARTIES AND THEIR REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, DATA, REVENUE OR BUSINESS, ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITES OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW THE TOTAL LIABILITY OF THE DO IT BEST PARTIES OR THEIR REPRESENTATIVES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITES OR, IF APPLICABLE, IN PURCHASING PRODUCTS THROUGH THIS SITES, IN THE 12-MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM FIRST AROSE.

THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY REGARDLESS OF LEGAL THEORY, EVEN IF THE DO IT BEST PARTIES OR THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. FURTHER, YOU UNDERSTAND AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE AN ESSENTIAL ASPECT OF OUR ABILITY TO PROVIDE THE SITES TO YOU AND THAT WE WOULD NOT BE ABLE TO DO SO WITHOUT IT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER CERTAIN DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS SECTION SHALL NOT BE DEEMED TO LIMIT ANY LIABILITY OF THE DO IT BEST PARTIES OR THEIR REPRESENTATIVES IN CONTRAVENTION OF APPLICABLE LAW.

14. JURISDICTION AND CHOICE OF LAW

We control and operate the Sites from within the United States and makes no representation or warranty that the Sites, Content or Products are appropriate or available for use or access in any location outside of the United States. Anyone using or accessing the Sites from outside the United States does so on their own risk and is responsible for compliance with all applicable laws and regulations, including U.S. and international export control laws and regulations.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of law.

15. DISPUTES AND ARBITRATION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

If there is any controversy, claim, action, or dispute between you and any Do it Best Party arising out of or related to your use of the Sites (including any Products purchased or distributed by or through the Sites) or the breach, enforcement, interpretation, or validity of these Terms of Use (“Dispute”), you and Do it Best agree to resolve the Dispute through the dispute resolution procedures set forth in this Section 16.

  • (a) Informal Dispute Resolution

  • You and Do it Best agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”). You and Do it Best will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Do it Best (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Do it Best will participate in the Conference through one or more representatives, which may include our counsel.

    Both you and Do it Best agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute.

  • (b) Arbitration

  • TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify, and you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. Arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any hearings may be held virtually or in person, as the parties and the arbitrator agree. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys' fees if a particular law permits them to do so. This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

    If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and Do it Best agree that JAMS will administer them in batches of up to 50 claimants each (a “Batch”) under the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule, unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. JAMS will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

    EXCEPT FOR CLAIMS PROPERLY LODGED IN A SMALL CLAIMS COURT, IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN FORT WAYNE, INDIANA IN CONNECTION WITH ANY LITIGATION. You and Do it Best waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

16. NOTICES

Any notices or acknowledgements that are specified in these Terms of Use may be made using any contact information provided by you, including providing notice via your Account, via a Site or via email. You specifically consent to receive communications from us electronically via any e-mail address you provide and agree that such electronic communications satisfy any legal requirement that such communications be in writing.

17. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent: Attn: General Counsel, Do it Best Corp., 1626 Broadway Ste 100, Fort Wayne, IN 46802, email: copyright@doitbest.com.

To be effective, such notification must be in writing, comply with applicable law and provide the following: (1) information reasonably sufficient to permit Do it Best to locate the copyrighted work claimed to have been infringed (the “Work”); (2) the complaining party’s contact information including an email address if available; (3) a statement that the complaining party has a good-faith belief that use of the Work in the manner complained of is not authorized by the copyright owner, its agent, or the law; (4) a statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (5) a physical or electronic signature of the complaining party. Please be advised that Do it Best enforces a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.

18. TRADEMARKS AND COPYRIGHTS

Except for the License expressly provided in these Terms of Use, nothing on the Sites shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Do it Best or any third party, whether by estoppel, implication, or otherwise. All brands and names are the property of their respective owners. All registered trademarks are registered in the United States of America (and other applicable jurisdictions). All of our Content is copyrighted, as a collective work under U.S. and other applicable or international copyright laws, and we own a copyright in the selection, coordination, arrangement and enhancement of the Content. All rights reserved.

19. SEVERABILITY

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The parties agree that any invalid provision shall be deemed to be restated so as to be enforceable to the maximum extent permissible under law consistent with the original intent and economic terms of the invalid provision, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration to be brought under Section 16 then Section 16 will be unenforceable in its entirety.

20. GENERAL

These Terms of Use, including the supplemental terms linked or referenced herein and any Additional Terms, represent the entire understanding relating to the use of the Sites and purchase of Products and prevail over any prior or contemporaneous, conflicting or additional communications, including all prior written or oral statements or understandings, relating to the subject matter. Any proposal for additional or different terms or any attempt by you to vary in any degree any of these Terms of Use is hereby objected to and rejected. A printed version of these Terms of Use and/or of any notice given by us in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by us in printed form.

In these Terms of Use, the words “include,” “includes,” and “including” are used in an illustrative sense and shall be construed as if followed by “without limitation.” “Affiliates” means any entity that controls, is controlled by, or is under common control with Do it Best, or True Value, and “control” for purposes of this definition means possession, directly or indirectly, of the power to direct the management and policies of an entity or person whether through the ownership of voting securities or other ownership interest, by contract or otherwise. The term “Affiliate” includes any entity or person that conforms to the definition as of the effective date, as well as any entity or person that conforms to the definition any time after the effective date. The Affiliates of Do it Best include Do it Best Corp. and True Value “Stores” means the independently owned and operated stores in our and our Affiliates’ cooperatives as well as other retailers and local business owners approved by us.

Titles and headings to sections herein are included for convenience only and are not intended to affect the meaning or interpretation of these Terms of Use. In the event either of us waives any of its rights under these Terms of Use, such waiver will not be considered a waiver of any other provision or to constitute a waiver of future obligations.

You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. Do it Best may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, fiduciary, or franchisor-franchisee relationship between you and any Do it Best Party. The provisions of Sections 5, and 11-20 and any other provisions contained herein which by their nature or effect are required or intended to be observed after termination of these Terms of Use or your use of the Sites will survive termination and remain binding.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to the Sites is strictly prohibited. Do it Best reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights the Do it Best Parties may have.

21. CUSTOMER CARE CONTACT INFORMATION

Call 855-828-9792 Monday through Friday from 8:00 AM - 6:30 PM ET or click here for information on how to contact us.