Agreement between user and hofhhouseofholmes.com
Welcome to houseofholmes.com. The houseofholmes.com website (the "Site") is comprised of various web pages operated by HofH, House of Holmes inc ("HofH"). houseofholmes.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of houseofholmes.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
houseofholmes.com is a E-commerce Site
Visiting houseofholmes.com or sending emails to HofH constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
HofH does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use houseofholmes.com only with permission of a parent or guardian.
If for any reason you are not satisfied with your online purchase, you may return regular unused articles within 14 days of receipt (own expense). (Sale Items may not be returned, and are final sale.) If 14 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.The articles must be returned undamaged and with their labels attached. In order to return an item please email us at email@example.com to receive an order return form and shipping instructions. Please Note: Always include your order number(s) when you make a return to us. There are certain situations where only partial refunds are granted: (if applicable). Any item not in its original condition, is damaged or missing parts for reasons not due to our error. Once we receive your return, all goods will be inspected. Articles must be returned undamaged and with their labels attached. Any item in unsuitable condition will be sent back to you. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 14 days to the card you used for the original purchase. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Since we are not responsible for any items that are send to us in error, we recommend using a postal service that insures the value of your returned products or gives you a proof of posting. Late or missing refunds (if applicable) If you haven’t received a refund yet, first check your bank account again. Then contact your credit
Links to third party sites/Third party services
houseofholmes.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of HofH and HofH is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HofH is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HofH of the site or any association with its operators.
Certain services made available via houseofholmes.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the houseofholmes.com domain, you hereby acknowledge and consent that HofH may share such information and data with any third party with whom HofH has a contractual relationship to provide the requested product, service or functionality on behalf of houseofholmes.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of HofH or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. HofH content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of HofH and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HofH or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your HofH account to third party accounts. By connecting your HofH account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by HofH from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the HofH Content accessed through hofhhouseofholmes.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless HofH, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HofH reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HofH in asserting any available defenses.
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. HofH INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HofH INC 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. HofH INC 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.
HofH reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HofH as a result of this agreement or use of the Site. HofH's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HofH's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by HofH with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HofH with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HofH with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
HofH reserves the right, in its sole discretion, to change the Terms under which hofhhouseofholmes.com is offered. The most current version of the Terms will supersede all previous versions. HofH encourages you to periodically review the Terms to stay informed of our updates.
HofH welcomes your questions or comments regarding the Terms:
Effective as of May 18, 2016