Terms and Conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website (the "Service") operated by Home Excellence Inc ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service. If you are unwilling to accept these Terms & Conditions, we ask that you do not use the Site. When you use the Site, you agree to be bound by the then current Terms & Conditions. If you do not agree to be bound by the Terms & Conditions, your sole remedy is not to use this Site. Each time you use this Site, you should visit and review the Terms & Conditions. We reserve the right to occasionally update the Terms & Conditions. At such time, we will also revise the “last updated” date below.
LAST UPDATED: [April 1st, 2019]
USE OF THE SITE
You agree that you will not access or use the Site in any manner that could damage, disable, impair or cause an undue burden on the Site and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Site, that you will not transmit any virus or worm to the Site, that you will not use any spider, robot, data mining tool or other automatic devices, or any other manual process or means, to access the Site and/or its servers or systems to extract, download, monitor, gather, transmit or copy any of the data or material on the Site (including, without limitation, account information, product listings, images, descriptions or prices), or for any other unauthorized purpose; and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited email to other users of the Site. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Site without authorization.
We reserve the right to restrict, suspend or terminate without notice your access to the Site or any feature of this Site or any feature or part thereof at any time.
ONLINE ORDERS AND PURCHASES
If you wish to purchase any product or service made available through this site, you may be asked to give certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Many of the trademarks/service marks and/or logos (collectively the “Marks”) displayed on the Site identify the services and products of Company and related organizations, and inform the public as to the source of those services and products. Your misuse of any Marks is strictly prohibited, including without limitation, your use of Marks in any of the following ways:
In a manner likely to cause confusion;
To identify your products or services;
In, as, or part of your own trademarks or service marks;
In a manner that inaccurately implies sponsorship, endorsement, or other connection with your products, services or other activities; or
In a manner that disparages or dilutes the Marks.
You agree not to display or otherwise inappropriately use the Marks without prior written permission from us. Please make such requests by email to firstname.lastname@example.org. We will evaluate your request and respond as soon as possible.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE SITE OFFERED ON OR THROUGH THE SITE, IS AT YOUR OWN RISK. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE OF THIS SITE. COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SOFTWARE, MATERIALS AND/OR SERVICES AVAILABLE FROM THE SITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” COMPANY MAKES NO WARRANTY OF NONINFRINGEMENT. COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY SOFTWARE OR MATERIALS FROM THE SITE.
Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of Company is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of Company, the Company shall not be responsible to you for any failure or delay in the performance of its obligations. Company shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Company from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.
The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.
You may not assign your rights or obligations under this Agreement without the prior express written consent of the Company.
In the event that any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.
Any failure by Company to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.
No changes to these Terms & Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms & Conditions, unless such an amendment, waiver or change is in writing from an authorized officer or representative of Company.
Additional Disclaimers and Limitation of Liabilities and Warranties
The Site may contain technical inaccuracies, typographical errors, and out of date information. We make no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and we make no warranty that the Site will meet your requirements. We reserve the right to make changes to the Site at any time.
These Terms & Conditions constitute the entire understanding between Company and you with respect to the Site.
BY USING THE SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS & CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL.