Web Site Terms of Use
Last Updated October 2020
The Homes and u Web Site located at homesandu.com is a copyrighted work belonging to homesandu.com. Certain features of the Web Site may be subject to additional guidelines, terms, or rules, which will be posted on the Web Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. YOU MUST 18 YEARS OF AGE TO USE THE SITE. BY PLACING A ORDER ON THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you symbolize that you have the power and capacity to enter into these Terms.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
Access to the Site
Subject to these Terms. Establishment grants you a non-transferable, non-exclusive, revocable, limited license to access the Web Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site ; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site ; (c) you shall not access the Web Site in order to build a similar or competitive web Site ; and (d) except as expressly stated herein, no part of the Web Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Web Site shall be subject to these Terms. All copyright and other proprietary notices on the Web Site must be retained on all copies thereof.
Establishment reserves the right to change, suspend, or cease the Web Site with or without notice to you. You approved that Establishment will not be held liable to you or any third-party for any change, interruption, or termination of the Web Site or any part.
No Support or Maintenance. You agree that Establishment will have no obligation to provide you with any support in connection with the Site .
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Web Site and its content are owned by Establishment or Establishment’s suppliers. Note that these Terms and access to the Web Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Establishment and its suppliers reserve all rights not granted in these Terms.
Third-Party Links & Advertisements; Other Users
Third-Party Links & Advertisements. The Web Site may contain links to third-party Web Site s and services, and/or display advertisements for third-parties. Such Third-Party Links & Advertisements are not under the control of this Establishment, and the Establishment is not responsible for any Third-Party Links & Advertisements. Establishment provides access to these Third-Party Links & Advertisements only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any symbolizations with respect to 3rd Party Links & Advertisements. You use all 3rd Party Links & Advertisements at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the 3rd Party Links & Advertisements, the applicable 3rdparty’s terms and policies apply, including the 3rdparty’s privacy and data gathering practices.
Other Users. Each Web Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Establishment will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Web Site user, we are under no obligation to become involved.
Disclaimers
The Web Site is provided on an "as-is" and "as available" basis, and Establishment and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the Web Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the Site , all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall Establishment or our suppliers be liable to you or any 3rd Party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the Web Site even if Establishment has been advised of the possibility of such damages. Access to and use of the Web Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site . We may suspend or terminate your rights to use the Web Site at any time for any reason at our sole discretion, including for any use of the Web Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Web Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Establishment will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Copyright Policy.
Establishment respects the intellectual property of others and asks that users of our Web Site do the same. In connection with our Site , we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Web Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site , unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any missymbolizeation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
General
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site . You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site . These changes will be effective immediately for new users of our Site . Continued use of our Web Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Establishment and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Establishment that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Establishment, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Establishment should be sent to: P.O. Box 10381 . After the Notice is received, you and the Establishment may attempt to resolve the claim or dispute informally. If you and the Establishment do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Time Limits. If you or the Establishment pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Establishment in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE ESTABLISHMENT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
The Web Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Establishment, or any products utilizing such data, in violation of the United States export laws or regulations.
Establishment is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site . Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Establishment is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Establishment’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Establishment may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Web Site are our property. You are not permitted to use these Marks without our prior written consent or the consent of such 3rdparty which may own the Marks.
Contact us:
Email: homesandu@gmail.com
Private Policy
Homes and u respect your concerns about privacy. This Online Privacy Policy ("Policy") explains what personal information we collect through our websites and online services, how we use that information, to whom we disclose it, and how we safeguard personal information. Unless indicated otherwise, this Policy applies only to personal information collected through the website of the homes and u business that expressly adopt, display or link to this Policy, and then only to the extent indicated (collectively, the "Services").
Return and Delivery Policy
Homes and u wants you to love your gifts.. But in case you don't- we will gladly issue you Store Credit via gift card. You have up to 10 days to return items received after delivery per online tracking info.
Refunds are issued to costumers that can provide items are in their original condition and box Items not in this condition will not be accepted.
All orders are shipped and usaully delivered within 2 weeks.