Effective Date: January 1, 2019 and Updated February 20, 2019
User’s Acknowledgment and Acceptance of Terms.
You are solely responsible for providing, at your own expense, all equipment necessary to access this Site.
Order Acceptance and Cancellations. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled, you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We are a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on the Site.
We make every effort to maintain the availability of the Site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
Payment Terms and Sales Taxes. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. We must collect some of your Personally Identifiable Information and your credit card information so that your order can be processed.
We only accept United States issued Visa and Mastercard for all purchases and only ship orders to addresses in the continental United States (not Alaska, Hawaii and US Territories). You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
Changes in Products and Pricing. We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through this Site.
All pricing for the products and services available on this Site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
Shipping Policy. The shipping terms in our [Shipping Policy] are accepted by you by placing an order with us.
Advertising Disclaimer and Trademarks. The descriptions of products and services that are posted on our Site are the representations of our suppliers. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge. Please note that processing time varies by credit card provider.
Security. Your browser and the secure server on the third-party site by which this Site and payments are operated, encrypt confidential information during transmission, ensuring that transactions stay private and protected. Said third-party site guarantees the safety of your credit card information in the following manner: if any unauthorized use of your credit card occurs as a result of your credit card purchase on this Site, simply notify your credit card provider in accordance with its reporting rules and procedures.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed; and (c) any such information and data may be viewed or tampered within transit by a third party.
At any time you may update your customer account information by following the instructions posted elsewhere on this Site. There you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.
Service and Support. All requests for technical service and support with respect to the products and services available through this Site should be made directly to the manufacturer in accordance with their terms and conditions as set forth in the manual and relating information accompanying their products. Should you have any other questions or concerns, you should contact us by e-mail at email@example.com. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.
You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments, reviews, postings, etc.
You further agree that your comments, reviews, postings, etc. will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You are solely responsible for any comments, reviews, postings, etc. you make and their accuracy. We take no responsibility and assume no liability for any comments, reviews, postings, etc. provided and/or posted by you or any third-party.
It is strictly prohibited to establish or maintain a link to this Site without our express written consent. Any permitted links must comply with all applicable laws and regulations.
You agree not to sell, resell, reproduce duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.
We respect the intellectual property of others and we ask that you do the same. It is our policy to comply with the Digital Millennium Copyright Act, 17 USC Section 512 (c) (3) (“DMCA”). If you believe in good faith your own copyright, trademark or other intellectual property right has been infringed by a posting on this Site, then you should notify us at:
Attn: DMCA Designated Agent
HMS Mfg. Co.
1230 E. Big Beaver Road
Troy, Michigan 48083
Any infringement claims under DMCA must satisfy the act’s detailed requirements. We have the right to ignore a DMCA claim that was not compliant with the act and therefore, invalid, and we can either respond or not respond. We will address alleged claims of infringement per the procedures set forth in the DMCA.
User’s Materials. You acknowledge that if you send us any feedback, reviews, comments, postings, content, etc. covered by your intellectual property rights, comments or information in any manner, including but not limited to via the Site or any third-party sites, such as social media sites, (collectively, “Information”, but excluding Personally Identifiable Information), that you grant us a worldwide, royalty-free, non-exclusive, transferable, fully paid-up, irrevocable, perpetual, fully sub-licensable, license to use, reproduce, distribute, display, publish, modify, create derivative works from, and otherwise use such material for any purpose, commercial or otherwise, throughout the world. Any Information will be treated as non-confidential, non-personal and non-proprietary. We are and shall be under no obligation 1) to maintain any comments, reviews, postings, etc. in confidence, 2) to pay compensation for any comments, reviews, postings, etc.; or 3) to respond to any comments, reviews, postings, etc.
We do not accept or consider any unsolicited ideas. Please do not submit any unsolicited ideas to us under any circumstance. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say: (1) your idea will automatically become our property, without any compensation to you; (2) we will have no obligation to return your idea to you or respond to you in any way; (3) we will have no obligation to keep your idea confidential and no confidential relationship exists or shall exist; (4) we may use your idea for any purpose whatsoever, including giving your idea to others, and (5) you will release us from any liability in connection with your submission.
Disclaimers and Limitation of Liability. User expressly agrees that the use of this Site and your use of any third-party sites is at User’s own risk. Neither we nor any of our affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors and/or the like (collectively, “Providers”), warrant that the Site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability, or current nature of any information, content, product, service or merchandise provided through this Site.
Our responsibility for defects relating to the products and services available on this Site is limited to the procedures described in our [Return and Exchange Policy].
THIS SITE, INCLUDING BUT NOT LIMITED TO ALL PRODUCTS AND SERVICES AND/OR ANY THIRD-PARTY SITES AND/OR SOCIAL MEDIA SITES, AS MAY BE APPLICABLE, AND ALL CONTENT, SERVICES, AND INFORMATION IS AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE TRUTHFULNESS, ACCURACY, COMPLETENESS, USEFULNESS, OR RELIABILITY OF THIS SITE, THE INFORMATION CONTENT, MATERIALS, AND/OR THE PRODUCTS INCLUDED ON THIS SITE AND/OR THE INFORMATION AND CONTENT PROVIDED BY THE USERS OF THIS SITE OR ANY THIRD-PARTY SITES, INCLUDING BUT NOT LIMITED TO SOCIAL MEDIA AND/OR OTHER THIRD PARTY SITES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NONINFRINGEMENT, ALL AS PERMISSIBLE BY LAW. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS SITE OR THE THIRD-PARTY SITES, INCLUDING BUT NOT LIMITED TO THE SOCIAL MEDIA SITES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THIS SITE, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY, NOR SHALL USER RELY ON ANY SUCH INFORMATION.
IN NO EVENT SHALL WE, SHOPIFY INC. AND/OR ANY OF OUR/THEIR PARENT COMPANIES, AFFILIATES, DIRECTORS, OFFICERS, ATTORNEYS, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS AND/OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM USE OR INABILITY TO USE THIS SITE, FOR PRODUCTS AND/OR SERVICES THAT ARE NOT AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, AND/OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, ANY OF THE SITE’S PRODUCTS AND/OR SERVICES, OF ANY WEB SITE REFERENCED OR LINKED TO/FROM THIS SITE, OR ANY OTHER MATTER RELATING TO AND/OR ARISING OUT OF THIS SITE, AND/OR IN CONNECTION WITH THE SALE, DELIVERY, USE, AND/OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. IN NO EVENT SHALL WE AND/OR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, ATTORNEYS AND/OR EMPLOYEES BE LIABLE TO YOU AND/OR ANY THIRD-PARTIES FOR ANY INFORMATION AND/OR CONTENT PROVIDED BY YOU ON THIS SITE AND/OR ANY THIRD-PARTY SITES, INCLUDING BUT NOT LIMITED TO SOCIAL MEDIA SITES.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, §56:12-14 et seq, states, in part, as follows: “No seller, lessor, creditor, lender or bailee shall in the course of his business offer to any consumer or prospective consumer or enter into any written consumer contract or give or display any written consumer warranty, notice or sign after the effective date of this act which includes any provision that violates any clearly established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee as established by State or Federal law at the time the offer is made or the consumer contract is signed or the warranty, notice or sign is given or displayed. Consumer means any individual who buys, leases, borrows, or bails any money, property or service which is primarily for personal, family or household purposes.” Therefore, for New Jersey residents, the disclaimer of warranty provision shall apply only as allowable by applicable laws and the limitation of liability provision shall only apply if the New Jersey resident(s)’ use of this Site results in damages or losses resulting from the negligence or misconduct of HMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
Governing Law, Dispute Resolution and Statute of Limitations. Although this Site may be accessible worldwide, we make no representation that materials, products and/or services available on or through this Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws.
This Site (excluding linked site and the third-party site) is controlled by us from our offices within the State of Michigan, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Michigan by accessing this Site both of us agree that the statutes and laws of the State of Michigan without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. All Users unconditionally and irrevocably agree and hereby consent to 1) the exclusive personal jurisdiction and venue of the Oakland Country Circuit Court or the United States Circuit Court for the Eastern District of Michigan, as applicable, with respect to such matters and 2) to only bring his/her action in his/her individual capacity and not as a class representative, member of a class or in any other similar type capacity or action. If any dispute arises regarding the use of this Site, you must initiate action within one (1) year after the claim has arisen or you will be forever barred from pursuing such cause of action.
Copyright © 2019 by HMS Mfg. Co. All rights reserved.
(20190122-1 Updated 20190220)