Welcome to our website, homeexpressions.shop (the “Site”). This Site is operated by Home Expressions LLC (“Home Expressions,” “we” or “us”). We offer visitors to the Site (“you” or “your”) access to the Site subject to the following Terms and Conditions.
Please read the Terms and Conditions carefully before using this Site. By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions, then please do not use the Site.
1. Acceptance of Terms
a. By using the Site you agree to be bound by, and to act in accordance with, these Terms and Conditions and our Privacy Policy.
b. Home Expressions may, at any time, change these Terms and Conditions without prior notice by posting the amended Terms and Conditions on the Site. It is your responsibility to regularly check these Terms and Conditions and note any changes that may have been made. By continuing to use the Site, you accept the revised Terms and Conditions in their entirety.
c. You must be at least 18 years old to use the Site. By using the Site, you represent and warrant that you are at least 18 years old.
2. Site Content and Access
a. Home Expressions grants you a limited, personal, non-exclusive, non-transferable, revocable license to access, browse and use the Site and download and print any content provided by Home Expressions solely for your personal use.
b. You may not sublicense, transfer, assign, copy, modify, distribute, reformat, duplicate, archive, reproduce, distribute, redistribute, republish, scrape, download all or substantial portions of the Site content, reverse engineer, reverse assemble, decompile, translate, adapt or disassemble the Site in any way or create derivative works based on the Site or any materials without Home Expressions’ prior written consent.
c. We reserve the right to refuse service or cancel orders at our sole discretion.
d. You shall not impersonate any person or use a false name while using the Site.
3. Intellectual Property Rights
a. All content and materials on the Site, including but not limited to trademarks, service marks, designs, texts, graphics, logos, button icons, images, audio clips, data compilations, software, and the compilation of the foregoing (collectively, “Content”) are the property of Home Expressions, our affiliates or licensors and are protected by United States and international copyright and other intellectual property laws.
b. All custom graphics, icons, logos and other marks displayed on the Site are our registered or unregistered trademarks or service marks or those of our affiliates and licensors. All other trademarks not owned by us that appear on the Site are the property of their respective owners. Nothing on the Site should be construed as granting any right or license to use any trademark without our express written consent and that of the third party owner.
c. Except as otherwise expressly authorized by us in advance and in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content in any form or by any means.
4. Submitted Content
a. For purposes of these Terms and Conditions, the word “Content” also includes any information, data, text, software, executable code, music or sound, photographs, graphics, or other materials you submit to us via the Site (“Your Content”).
b. By uploading, posting, emailing, transmitting or otherwise submitting Your Content to us, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world in any media. You grant us and our affiliates and sublicensees the right to use the name that you submit in connection with Your Content. You represent and warrant that (a) you own or control all rights in and to Your Content and have the right to grant the license granted above to us; and (b) that Your Content does not violate the copyright, trademark, privacy, publicity or other rights of any person or entity.
c. You are solely responsible for Your Content that you upload, email, transmit, provide or otherwise make available via the Site. We have no duty to monitor Your Content. We are not responsible for the accuracy, integrity, quality completeness, usefulness or safety of Your Content. However, we reserve the right to edit or remove any of Your Content at any time without notice to you.
5. User Conduct
a. You agree not to use the Site or any Content for any purpose that is unlawful under applicable law, prohibited by these Terms and Conditions, or in any way interferes or attempts to interfere with the proper functioning of the Site.
b. You may not attempt to gain unauthorized access to any portion of the Site, or any systems, networks or servers connected to the Site, nor may you attempt to probe, scan or test the vulnerability of any system, network or server. You may not override any security feature or bypass or circumvent any access controls or use limits. Engaging in such conduct is strictly prohibited.
c. You are prohibited from engaging in any scraping, data mining, extraction, feeding, or any other unauthorized access to, use or reproduction of any Content. You may not frame or utilize any framing techniques to enclose any Content without our express written consent.
d. You may not use any meta tags or any other “hidden text” that incorporates our name, trademark, URL or product names without our express written consent. You agree not to make improper use of the Site, including by submitting or transmitting any material that contains viruses, Trojan horses, worms or other malicious computer programming. Engaging in any of the foregoing activities is strictly prohibited and constitutes a violation of these Terms and Conditions.
6. Third Party Content and Links to Third Party Websites
a. The Site may contain links to websites operated by third parties (“Third Party Sites”) and third party content (“Third Party Content”). We do not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding Third Party Content, including regarding its accuracy or completeness. Your use of Third Party Sites and Third Party Content is at your sole risk.
b. We are not responsible or liable to you for any loss or damages caused by your use of Third Party Sites or in connection with any Third Party Content.
7. Purchases and Online Commerce
a. You must be at least 18 years old to make any purchases through the Site.
b. All purchases made through the Site are subject to our sales terms and conditions, which are made available to you prior to any purchase.
c. The risk of loss and title to products purchased by you and shipped by us passes to you upon our delivery of the products to the carrier. We are not responsible for lost, stolen, or damaged deliveries. Damages to products in transit must be reported directly to the carrier in accordance with their claims procedures.
d. We reserve the right, without prior notification, to limit the order quantity on any product and to refuse service to any customer. All descriptions, pricing and availability of products on the Site are subject to change at any time without notice. While we make reasonable efforts to provide accurate product descriptions, colors shown on the Site may vary based on your monitor and settings. We reserve the right to correct errors in pricing and descriptions at any time.
e. Certain products on the Site may be available exclusively online. Products shown on the Site that are out of stock or unavailable at the time of your order will not be included in your order. We may cancel any order for a product that differs materially in function or design from its description on the Site.
f. Taxes, shipping and handling charges are additional unless otherwise expressly stated. You are responsible for paying all applicable taxes relating to the products you purchase.
g. We offer free shipping from time to time in our discretion. Free shipping applies only to standard delivery to one shipping address in the contiguous United States. The order must satisfy any minimum purchase thresholds specified for free shipping to apply. Free shipping does not apply to expedited delivery options, delivery to P.O. boxes, deliveries to Alaska, Hawaii or other U.S. territories or other shipments outside the contiguous 48 states. Offers of free shipping are subject to any additional shipping restrictions specified in connection with a particular promotion.
8. Disclaimer of Warranties
THE SITE AND ALL MATERIALS, PRODUCTS, SOFTWARE, AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOME EXPRESSIONS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE. WE MAKE NO WARRANTIES THAT (A) THE SITE OR MATERIALS, PRODUCTS, SOFTWARE, AND SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ANY MATERIALS, PRODUCTS, SOFTWARE, AND SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SITE OR ANY MATERIALS, PRODUCTS, SOFTWARE, AND SERVICES OBTAINED FROM THE SITE WILL BE CORRECTED.
9. Limitation of Liability
a. UNDER NO CIRCUMSTANCES SHALL HOME EXPRESSIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SITE AND ANY MATERIALS, PRODUCTS, SOFTWARE, AND SERVICES OFFERED ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY.
b. THE AGGREGATE LIABILITY OF HOME EXPRESSIONS TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SITE (INCLUDING ANY MATERIALS, PRODUCTS, SOFTWARE, AND SERVICES OFFERED ON THE SITE) OR THESE TERMS AND CONDITIONS SHALL NOT EXCEED $50.
10. Indemnification
You agree to defend, indemnify and hold Home Expressions and our officers, directors, employees, agents, successors and assigns harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including your submission of content or materials and your unauthorized use of any materials, products, software or services obtained from the Site.
11. Geographic Restrictions
We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
12. Choice of Law and Disputes
These Terms and Conditions are governed by the laws of the State of Delaware without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms and Conditions or your use of the Site: (i) must be brought in a state or federal court located in Delaware; and (ii) YOU CONSENT TO THE EXCLUSIVE JURISDICTION OF THOSE COURTS.
13. Miscellaneous
a. You are solely responsible for compliance with applicable laws and regulations in your jurisdiction. You must comply with all export and re-export restrictions that may apply with respect to goods, software (including the Site) and technology.
b. You may not assign or otherwise transfer these Terms and Conditions or any rights or obligations herein without the prior written consent of Home Expressions. Any purported assignment in violation of this section is void. These Terms and Conditions are binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
c. If any provision of these Terms and Conditions is determined to be invalid or unenforceable under applicable law, then it shall be deemed amended or omitted to the extent necessary for the remainder to be valid and enforceable. The remaining provisions will continue with full force and effect.
d. These Terms and Conditions constitute the entire agreement between you and us relating to your use of the Site.
e. No waiver by either party of a breach or default hereunder will be effective unless in writing and signed by the waiving party. The waiver of a particular breach or default will not constitute a waiver of any subsequent breach or default.
14. Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Home Expressions LLC
123 Main St
Anytown, DE 12345
(888) 555-1234
[email protected]
Thank you for visiting our Site!