Terms And Conditions Of Use
Welcome to the HANRO USA, Inc DBA HOM USA website (the “Site”). This Site is provided as a service to our costumers. Kindly take a moment to review the following terms and conditions of use, which govern your use of the Site (the “Agreement”).
The Agreement, including any and all documents referenced herein, represents the entire understanding between you and HOM USA regarding your relationship with the Site and supersedes any prior statements or representations. Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to modify or update this Agreement at any time without prior notice. For this reason, you are encouraged to review the Agreement any time you use the Site. If you do not agree to these terms, please refrain from using the Site.
HOM USA, HOM Innovations pour l'élégance Masculine S.A and Huber Holding Asia Ltd. retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images are registered and/or common law trademarks of SKINY USA and SKINY bodywear GmbH & Co KG, and are protected by U.S. and international law and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Site. Your misuse of the trademarks displayed on the Site is strictly prohibited. You are also advised that we will vigilantly enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution and all available civil remedies.
DISCLAIMERS AND LIMITATION OF LIABILITY
The Site is provided by HOM USA on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation or availability of this Site, the information, content, materials or products, included on this site.
We disclaim all warranties, express or implied, including, but not limited to, warranties of title, fitness for a particular purpose, implied warranties of merchantability, or non-infringement of intellectual property. Because some states Do not allow the exclusion oR limitation of liability for CONSEQUENTIAL or incidental damages, in such states liability is LIMITED to the fullest extent permitted by law.
You acknowledge that the Site contains data, information, software, videos, graphs, photographs, graphics, typefaces, sounds, music, and other materials (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms. All Content is copyrighted as a collective work and HOM USA owns a copyright in the selection, arrangement, coordination and enhancement of such Content. You may not remove, delete, modify, add to, augment, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
Many products displayed on the Site are available in select stores in the United States as well as in foreign markets. The prices displayed on the Site are quoted in U.S. dollars.
Certain products are available exclusively through the Site. These products may have limited quantities and are subject to exchange or return only through the applicable return policy.
HOM USA shall be free to use, without any financial or other obligations whatsoever, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any nature or purpose whatsoever, including, without limitation, the developing, manufacturing and marketing of any products using such information. Therefore, any such communication by you shall be wholly voluntary, gratuitous, non-confidential and non-committed.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on the Site that contains errors, inaccuracies or omissions, typographical or otherwise, relating to product availability, offers, promotions, pricing, and descriptions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice. This includes after an order is submitted.
While we have made every effort to display as accurately as possible the colors of our products that appear on the Site, the displayed colors of the products will depend on your monitor and computer settings, and we cannot guarantee that your monitor or computer will accurately portray the colors of our products.
For your convenience, the Site may contain links to other sites. HOM USA is not responsible for the availability of external sites or resources linked to this Site, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials, on or available from such sites or resources. HOM USA shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
CHOICE OF LAW
This Agreement shall be construed in accordance with the laws of the State of New Jersey, without regard to any conflict of law provisions. Any dispute arising under this agreement shall be resolved exclusively by the state and/or federal courts of the State of New Jersey, County of Monmouth, and/or the District of New Jersey. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of HOM USA’s right to require strict adherence to each of the terms herein.
USAGE BY MINORS
We cannot prohibit minors from visiting this Site. We must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for their children to view. We require that all purchases be made by an adult. Each time you purchase a product from the Site, you are representing to us that you are an adult.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provisions shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
You expressly agree that the use of the Site is solely at your own risk. You agree to defend, indemnify and hold HOM USA harmless from and against any and all claims, suits, causes of action, damages, costs and expenses, including, without limitation, attorneys’ fees, arising from or related to your use of the Site and/or breach of any representation, warranty, or other provision of the Agreement.
These terms are effective unless and until terminated by either you or HOM USA. You may terminate this Agreement at any time. We may also terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment, you fail to comply with any term or provision of the Agreement, or if your actions are harmful to the interests of another user, any third-party or HOM USA. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.