Terms & Conditions

Introduction

Welcome to the Homasy® Humidifier, Handheld Vacuum, Vacuum website at homasy.shop (the “Site”). This Site is owned and operated by Homasy (“Homasy,” “we,” “us” and/or “our”). We provide visitors to the Site (the “Visitors”) with access to the Site subject to the following Terms and Conditions (the “Terms”). We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

By accessing or using the Site, you are indicating your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.

Use of Site

You may use the Site for lawful purposes only. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Site. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site 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 publicly available or provided for through the Site. The Site, and all content and other materials on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Homasy, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the materials or content on the Site. Use of the materials or content on the Site for any purpose not expressly permitted in these Terms is strictly prohibited.

We grant you a limited license to access and make personal use of the Site. This license does not include any resale of the Site or its contents; any collection and use of product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Homasy without express written consent. You may not misuse the Site. You may use the Site only as permitted by law. The licenses granted by Homasy terminate if you do not comply with these Terms.

Purchases and Payments

If you wish to purchase any products or services made available through the Site, you may be asked to supply certain information relevant to your purchase including, without limitation, your name, phone number, email address, postal address, payment information and the number of items you wish to purchase. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY PURCHASE. By submitting such information, you grant Homasy the right to provide the information to payment processing third parties for purposes of facilitating the completion of purchases initiated by you.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited by law.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‐mail and/or billing address/phone number provided at the time the order was made.

Accuracy of Information

Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Site is found to be inaccurate at any time without prior notice. We apologize for any inconvenience this may cause you.

We cannot and do not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Site. You understand that except for information, products or services clearly identified as being supplied by Homasy, we do not operate, control or endorse any information, products or services on the Internet in any way. The information, products and services offered through the Site are provided by third parties and other content providers. These third parties are solely liable and responsible for all such information, products and services they provide through us, and we shall not be liable for any damage or loss caused or alleged to be caused by your reliance on them.

Intellectual Property Rights

The Site and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by Homasy, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site. You may not distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Homasy’s written permission.

No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Site materials or software.

User Comments and Other Submissions

Certain areas of the Site may allow you to post comments, or submit suggestions, ideas, questions, comments, videos or other content. Submissions of this type shall be deemed non-confidential. We shall have no obligation of any kind with respect to such submissions and shall be free to reproduce, use, modify, publish and distribute the submissions to others without limitation. We shall be free to use any ideas, concepts, know-how or techniques contained in such submissions for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

By transmitting or posting any submissions, you represent and warrant that you own or otherwise control all the rights to your submission, and agree that such submissions are accurate, not confidential, and not in violation of any contractual restrictions, and that you will indemnify and hold harmless Homasy for all claims resulting from the submissions that you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

Copyright Complaints

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below. A signed notification by fax, overnight courier or mail is required. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Links to Third Party Sites

The Site may provide links to other websites maintained by third parties. The linked sites are not under our control, and we are not responsible for their content. Inclusion of any linked site on the Site does not imply our approval or endorsement of the linked site. If you choose to access other sites, you do so at your own risk. We encourage you to review the privacy policies and terms of use on those sites.

Services available through third-party sites are not provided by us, and if you choose to utilize any third-party services advertised on the Site, you will be responsible for reading and understanding the terms and conditions applicable to such services.

Advertisements and Promotions

We may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than us found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Site advertisers on the Site.

Links

The Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site. The inclusion of such a link does not imply endorsement by us of the site or the content therein. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party sites.

Indemnification

You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach by you of these Terms. You shall cooperate as fully as reasonably required in our defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOMAST AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

HOMAST AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HOMAST AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOMAST AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HOMAST OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination

These Terms are effective until terminated by either you or Homasy. You may terminate these Terms at any time by discontinuing use of the Site and destroying all materials obtained from the Site. These Terms will terminate immediately if we believe you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to use the Site will immediately cease, and you must destroy all materials obtained from the Site and all copies thereof. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Homasy may immediately deactivate or delete your password and user name, and all related information and files associated with them, and/or bar any further access to such information or files. You agree that Homasy shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

Sections 2, 5-12, 14-19 of these Terms, as well as your liability for any breach of these Terms, shall survive termination.

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms or the Site, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association in a mutually agreed upon venue. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Homasy agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

**THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMAST AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

Contact Us

If you have any questions about these Terms, please contact us at [email protected]