Terms and Conditions
HOMEMAKERS Intellectual Property
For certain aspects of the Web Site, you may be asked to register an account. In the event you agree to register an account, you will receive a username and password upon providing registration information and successfully completing the registration process. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify HOMEMAKERS in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. HOMEMAKERS may refuse to grant a particular username to you for any reason, including, without limitation, in the event HOMEMAKERS determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
You acknowledge that the Web Site contains information, software, photos, video, text, graphics, music, sounds or other material provided by HOMEMAKERS or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
The Content posted by users via the Web Site (“User Content”) is the intellectual property of the specific users of the Web Site who post such User Content and their licensors, if any. HOMEMAKERS does not claim any ownership rights in such User Content. By posting User Content via the Web Site, however, you hereby grant to HOMEMAKERS a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.
In the event you would like to remove your User Content from the Web Site, please contact us. Please note however, that your User Content may not be completely removed or may otherwise still be available to others in the following circumstances: (a) your User Content has been incorporated into derivative works or compilations created by HOMEMAKERS or other parties; (b) such User Content has been retained in HOMEMAKERS’ data backup systems or for archival purposes; or (c) to the extent such User Content has been sold to other persons and such persons retain your User Content.
The Web Site may provide, or third parties may provide, links to other web sites or resources on the Internet. Because HOMEMAKERS has no control over such web sites or resources, you acknowledge and agree that HOMEMAKERS is not responsible for the availability of such external web sites or resources, and HOMEMAKERS does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such web sites or resources. You further acknowledge and agree that HOMEMAKERS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Content, goods or services available on or through any such web site or resource.
HOMEMAKERS may allow users to place Orders for products and/or services via the Web Site. “Order” shall mean any order placed by a user for products and/or services via the Web Site that is accepted by HOMEMAKERS. In the event that you are a user placing an Order to purchase products and/or services, you are subject to the additional terms of this section. Please note that in some cases, you may be directed to a third-party web site make purchases. In such an event, the purchase terms in this section do not apply, and your purchase will be governed by the terms of such third-party web site. By making such purchases, you hereby agree that HOMEMAKERS has no responsibility, and shall have no liability, for any claim related to your purchases on such third-party web sites.
Upon placing an Order, you shall pay to HOMEMAKERS the purchase price as set forth in the “Shopping Cart.” HOMEMAKERS or its third-party affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your order.
Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and HOMEMAKERS reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, HOMEMAKERS will issue you the appropriate credit within a reasonable time after your order has been revoked.
In the event you purchase a product that must be shipped to you, such products will be shipped by HOMEMAKERS and/or its third-party contractors within a reasonable time after processing of your order. Shipment time will vary depending on the shipping method and service you select. HOMEMAKERS does not guarantee delivery at any certain time and is not responsible for shipping delays.
In the event you purchase products that embody or otherwise contain Content owned by HOMEMAKERS or other parties, you agree to the following restrictions regarding such products and the Content or other information contained or embodied therein: (a) you may not resell any Content or otherwise profit from its use or display; (b) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Content without the express permission of the owner of such Content; (c) you will not otherwise violate any additional legal or contractual restrictions governing use of the Content; and (d) you will not obscure or remove any proprietary rights notices contained in or on the Content.
In the event a product ordered by you is damaged upon receipt, HOMEMAKERS, at its sole option, may provide a replacement product or refund the purchase price. Damaged products which HOMEMAKERS will accept for return or refund include products that are missing, torn or physically damaged or inoperable.
Suggested Retail Price (SRP)
SRP is a reference point calculated internally by Homemakers based on a survey of our competition to ensure that we offer the best prices. Homemakers does not sell products at SRP, and other retailers may sell the same product or similar products at, above, or below SRP.
In the event that you post any User Content via the Web Site, you hereby make the following additional representations and warranties to HOMEMAKERS: (1) you are owner of such User Content or otherwise have the right to grant HOMEMAKERS the licenses granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true and accurate.
HOMEMAKERS uses reasonable efforts to maintain the Web Site, but HOMEMAKERS is not responsible for any defects or failures associated with the Web Site or any User Content posted using the Web Site, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Web Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which HOMEMAKERS may undertake from time to time, or (c) causes beyond the control of HOMEMAKERS or which are not foreseeable by HOMEMAKERS. In addition, HOMEMAKERS makes no guarantees as to the web sites and information located worldwide throughout the Internet that you may access as a result of your use of the Web Site, including as to the accuracy, content, or quality of any such sites and information.
HOMEMAKERS is not a backup service for storing User Content, and HOMEMAKERS shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Web Site.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE WEB SITE, ANY USER CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. HOMEMAKERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, HOMEMAKERS MAKES NO WARRANTY THAT THE WEB SITE, ANY USER CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND ON THE WEB SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY USER CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS.
ANY USER CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOMEMAKERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, LOSS OF OR INJURY TO LIFE OR OTHER INTANGIBLE LOSSES (EVEN IF HOMEMAKERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE, THE USER CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED VIA THE WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEB SITE, THE USER CONTENT OR THE PURCHASE OF HOMEMAKERS’S PRODUCTS OR SERVICES. IN NO EVENT SHALL HOMEMAKERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE, SELLING OR PURCHASING CONTENT OR HOMEMAKERS’ PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY HOMEMAKERS FOR PROVIDING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless HOMEMAKERS, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Web Site, (b) any User Content you post via the Web Site, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights or third parties by you, (e) any negligence or willful misconduct by you, (f) any other claim related to your performance under this Agreement, or (g) any services or products provided by HOMEMAKERS.
Governing Law and Other Miscellaneous Terms
The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein. You shall not make a claim against HOMEMAKERS, and HOMEMAKERS shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof.
The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to HOMEMAKERS which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that HOMEMAKERS has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies HOMEMAKERS may have for your breach of this Agreement.
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.
If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, telecommunications failure or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Web Site and products and services offered via the Web Site, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Web Site and products and services sold via the Web Site. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
HOMEMAKERS makes no representation that Content or other material or information on the Web Site is appropriate to or available in locations outside of the United States. You may not use the Web Site or export Content in violation of United States export laws, regulations or restrictions. If you access the Web Site from outside of the United States, you are responsible for compliance with all applicable laws.
Copyright and Copyright Notices
HOMEMAKERS respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HOMEMAKERS’ Copyright Agent the following information:
An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed
Adescription of where the material that you claim is infringing is located on the Web Site sufficient to allow us to locate the allegedly infringing material
Your address, telephone number, and email address
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact HOMEMAKERS’ Copyright Agent for Notice of Claims of copyright infringement.