Terms of Use

TERMS OF USE
**PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES OF THIS WEBSITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THIS SITE NOW. **

User’s Acknowledgment and Acceptance of Terms. HMS Mfg. Co. (referred to as “us” or “we” or “HMS”) provides the http://www.hmsmfg.com, the http://www.homelogichousewares.com, the http://www.homelogichousewares.com/bin, the http://www.homelogicchristmas.com, the http://www.adashofneat.com, the dashofneat.com sites and various related services (collectively referred to as the “Site”), subject to your compliance with all the terms, conditions, and notices contained or referenced herein and in the Privacy Policy (together referred to as the “Terms of Use”). In addition, when using particular services or materials on this Site, Users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to these Terms of Use. All such guidelines, rules and the Privacy Policy are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY SERVICES, INFORMATION, ETC. AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

We reserve the right to change these Terms of Use from time to time without notice to you. Any modification or amendment to these terms will be effective as of the date that we post it and your continued use of this Site will mean that you agree to the new terms. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this Site after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

Description of Services. We present information on this Site for its Users. We reserve the right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use. You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You are solely responsible for providing, at your own expense, all equipment necessary to access this Site.

Privacy. In accordance with the terms of our Privacy Policy, which is incorporated by reference into these Terms of Use, we respect the privacy of the Site’s Users.

Conduct on the Site. You may use this Site and any third party sites in accordance with these Terms of Use and/or any third party site’s terms of use and all applicable laws and regulations. You are solely responsible for your conduct and communications as well as any information or other content provided on this Site or any third party site, including but not limited to social media sites. We neither endorse nor assume any liability for your conduct and communications and/or the information and content provided on this Site and/or on any third party site, including but not limited to social media sites.

Links. This Site may link you to other sites on the Internet, including but not limited to social media sites, such as Facebook, Pinterest, You Tube, etc. or otherwise include references to data, information, documents, materials, and/or services provided by others. These sites are not under our control. Your use and interactions with these sites are governed by their respective terms of use and privacy policies. You also acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
It is strictly prohibited to establish or maintain a link to this Site without our express written consent. Any permitted links must comply with all applicable laws and regulations.

Intellectual Property Rights. For purposes of these Terms of Use, “content” is defined as any data, information, communications, software, photos, video, graphics, music sounds, and/or other material or services that can be viewed by Users of our Site. You acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of HMS Mfg. Co. or is licensed to HMS Mfg. Co. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, download, upload, post, transmit, retransmit, or distribute any documents or information from this Site in any form or by any means. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
You agree not to sell, resell, reproduce duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.

We respect the intellectual property of others and we ask that you do the same. It is our policy to comply with the Digital Millennium Copyright Act, 17 USC Section 512 (c) (3) (“DCMA”). If you believe in good faith your own copyright, trademark or other intellectual property right has been infringed by a posting on this Site, then you should notify us at:

Attn: DCMA Designated Agent
HMS Mfg. Co.
1230 E. Big Beaver Road
Troy, Michigan 48083

Any infringement claims under DCMA must satisfy the act’s detailed requirements. We have the right to ignore a DCMA claim that was not compliant with the act and therefore, invalid, and we can either respond or not respond. We will address alleged claims of infringement per the procedures set forth in the DCMA.
User’s Materials. You acknowledge that if you send us any feedback, comments or information in any manner, including but not limited to via the Site or any third party sites, such as social media sites, (collectively, “Information”, but excluding Personally Identifiable Information), that you grant us a world-wide, royalty-free, non-exclusive, transferable, fully paid-up, irrevocable, perpetual, fully sub-licensable, license to use, reproduce, distribute, display, publish, modify, create derivative works from, and otherwise use such material for any purpose, commercial or otherwise, throughout the universe. Any Information will be treated as non-confidential, non-personal and non-proprietary.

We do not accept or consider any unsolicited ideas. Please do not submit any unsolicited ideas to us under any circumstance. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say: (1) your idea will automatically become our property, without any compensation to you; (2) we will have no obligation to return your idea to you or respond to you in any way; (3) we will have no obligation to keep your idea confidential and no confidential relationship exists or shall exist; (4) we may use your idea for any purpose whatsoever, including giving your idea to others, and (5) you will release us from any liability in connection with your submission.

Disclaimers and Limitation of Liability. User expressly agrees that the use of this Site and also your use on any third party sites is at User’s own risk. Neither we nor any of our affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors and/or the like (collectively, “Providers”), warrant that the Site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability, or currentcy of any information, content, product, service or merchandise provided through this Site.

THIS SITE, INCLUDING BUT NOT LIMITED TO ANY SOCIAL MEDIA SITES, AS MAY BE APPLICABLE, AND ALL CONTENT, SERVICES, AND INFORMATION IS AVAILABLE ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE TRUTHFULNESS, TIMELINESS, ACCURACY, COMPLETENESS, USEFULNESS, OR RELIABILITY OF THIS SITE, THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE AND THE INFORMATION AND CONTENT PROVIDED BY THE USERS OF THIS SITE OR ANY THIRD PARTY SITES, INCLUDING BUT NOT LIMITED TO SOCIAL MEDIA SITES, AS MAY BE APPLICABLE, TO THE MANNER PERMISSIBLE BY APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS SITE OR THE THIRD PARTY SITES, INCLUDING BUT NOT LIMITED TO THE SOCIAL MEDIA SITES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THIS SITE, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY, NOR SHALL USER RELY ON ANY SUCH INFORMATION.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM USE OR INABILITY TO USE THIS SITE, AND/OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, OF ANY WEB SITE REFERENCED OR LINKED TO/FROM THIS SITE, OR ANY OTHER MATTER RELATING TO THIS SITE. IN NO EVENT SHALL WE OR ANY OF OUR AFFIILATES, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INFORMATION OR CONTENT PROVIDED BY YOU ON THIS SITE OR ANY THIRD PARTY SITES, INCLUDING BUT NOT LIMITED TO SOCIAL MEDIA SITES.

The New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, §56:12-14 et seq, states, in part, as follows: “No seller, lessor, creditor, lender or bailee shall in the course of his business offer to any consumer or prospective consumer or enter into any written consumer contract or give or display any written consumer warranty, notice or sign after the effective date of this act which includes any provision that violates any clearly established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee as established by State or Federal law at the time the offer is made or the consumer contract is signed or the warranty, notice or sign is given or displayed. Consumer means any individual who buys, leases, borrows, or bails any money, property or service which is primarily for personal, family or household purposes.” Therefore, for New Jersey residents, the disclaimer of warranty provision shall apply only as allowable by applicable laws and the limitation of liability provision shall only apply if the New Jersey resident(s)’ use of this Site results in damages or losses resulting from the negligence or misconduct of HMS.

Also, because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability shall be allowed in the manner as is permitted by law.

Indemnification. You understand and agree that you are personally responsible for your conduct on and your use of the Site and on all third party sites, including but not limited to social media sites. Except for claims, losses, expenses, and damages caused by the sole negligence or intentional misconduct of HMS relating to the Site, you agree to indemnify, defend and hold us, our subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Site harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, or any third party sites, including but not limited to Social Media sites or any violation by you of these Terms of Use or the third party sites’ terms and conditions.

Termination of Use. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be referred to the appropriate law enforcement authorities. We shall not be liable to you or any third party for any claims or damages arising out of any termination, suspension, or other actions taken by us in connection therewith.
Governing Law, Dispute Resolution and Statute of Limitations. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

This Site (excluding third party sites) is controlled by us from our offices within the state of Michigan, of the United States of America. It can be accessed from all 50 states, as well as from other countries around the world. By accessing this Site, you agree that the statutes and laws of the State of Michigan, without regard to the conflicts of laws principles thereof will apply to all matters relating to the use of this Site. User unconditionally and irrevocably agrees and hereby consents to 1) the exclusive personal jurisdiction and venue of the Oakland Country Circuit Court or the United States Circuit Court for the Eastern District of Michigan, as applicable, with respect to such matters and 2) to only bring his/her action in his/her individual capacity and not as a class representative, member of a class or in any other similar type capacity or action. If any dispute arises regarding the use of this Site, you must initiate action within one (1) year after the claim has arisen or you will be forever barred from pursuing such cause of action.

Miscellaneous. These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend these Terms of Use shall be null and void. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be invalid or unenforceable in whole or in part, such provision shall be ineffective without affecting the validity of the remaining provisions.

Copyright © 2017 by HMS Mfg. Co. All rights reserved.

(20170105-1 Rev 20170918)