These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your use of thehomax.com website and any related services provided by Homax® Wall Texture, Ceiling Texture, Texture Gun (“Homax®”, “us”, “our”, “we”).
Please read these Terms and Conditions carefully before using our website, products or services. By accessing or using any part of the site or purchasing products, you agree to become bound by these terms. If you do not agree to all the terms and conditions, then you may not access or use the website or purchase products or services from Homax®.
Intellectual Property Rights
The website and its original content, features and functionality are owned by Homax® and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, frame, reverse engineer, decompile, disassemble or otherwise attempt to discover any source code or formulas, trade secrets, copyrights, patents, trademarks, service marks, trade names, logos, slogans, custom graphics, buttons, icons, items names, designs, and product names, except as explicitly permitted under these Terms.
Homax® name, logo, trademarks, and the product and service names associated with the Site are trademarks of Homax® or its affiliates and partners, and are protected by trademark laws of the United States, as well international trademark and copyright laws.
User Account and Registration Obligations
In order to access certain options, services, products and resources on the Site, users may be asked to register for a user account. As part of the registration process, you will be asked to select a username and password. You are responsible for keeping this password confidential and secure. Do not share your credentials with anyone else. You must immediately notify us of any unauthorized use of your account.
Your account is personal to you and you may not transfer or assign access to your account or allow anyone else to use your account. We reserve the right to refuse, terminate, or suspend your registration with or without notice, for reasons including account inactivity, failure to pay, bankruptcy, or violation of any portion of these Terms and Conditions. You are solely responsible for all content published or displayed through your account.
In order to use certain services, you may be required to provide us with your address, email, phone number or other contact information. You authorize us to keep a record of this information. We may use this information to contact you, provide requested information, complete transactions, fulfill orders, improve our products and services, identify product and service preferences, and for other legitimate business purposes.
Purchases and Orders
If you wish to purchase any products or services made available through the Site, you may be asked to supply certain information relevant to your Purchase including credit card information. By submitting an order, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your method for the full amount of the transaction.
Any prices and availability of products or services displayed on the Site are subject to change without notice. Descriptions or images of, or references to, products or services on the Site do not imply Homax® endorsement of that product or service. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see depends on your monitor and we cannot guarantee that your monitor’s display will accurately reflect the color of the product.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis at our sole discretion.
Once payment in full has been received and your order is accepted, Homax® will promptly ship your product using commercially reasonable efforts to meet estimated delivery dates communicated during the ordering process. Homax® or its partners will contact you if there are any issues with fulfilling your order.
Product descriptions and images are provided for illustration only and do not guarantee accuracy or completeness. Receiving an incorrect item due to inaccuracies on the Site does not entitle you to keep the item and receive a refund. You agree to return incorrect items and receive a replacement or refund to original payment method.
Refunds and Returns
Homax® accepts product returns and provides refunds pursuant to its Return Policy. When returning a product, the original proof of purchase is required along with reason for return. Shipping and handling fees may apply except in cases of Homax® error. Custom or special order items may not be returnable. Additional requirements and restrictions apply.
Any and all refunds and returns will be conducted through the original payment method used to complete the purchase. Refund requests must be submitted within 30 days of original purchase. Additional limitations and requirements apply.
Disclaimer of Warranties
Content and products included on or available through the Site are provided on an ‘as is’ and ‘as available’ basis. While we try to provide useful, accurate information, errors may appear from time to time. We make no warranty or guarantee as to the suitability, reliability, timeliness, usefulness, accuracy or completeness of the content or products found on the Site.
The products, content and services on the Site are provided without any express or implied warranties including warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. No advice or information obtained from this Site or through any products shall create any warranty not expressly stated herein.
We are not liable for any harm that may be caused by the transmission, through accessing the Site, of computer viruses or other computer code or programming devices that may harm your system, data, information or property. The information, content and materials contained on this Site are not guaranteed to be error free. We make no representation or warranty that the Site will operate error-free, free of viruses, bugs, worms, Trojan horses or other harmful or malicious code. You assume full responsibility related to understanding the accuracy, completeness or usefulness of any information obtained through the Site.
Limitations on Liability
In no event shall Homax® or any of its partners, affiliates, contractors, principals, stakeholders, shareholders, directors, members, employees, accountants, attorneys, insurers, agents or licensors be liable for any direct, indirect, incidental, punitive, consequential or special damages, lost profits, lost revenue, lost data, lost business opportunities, exemplary or other damages arising out of or relating to your use of the Site, products or services obtained through the Site, inability to access or use the Site, any interaction with the Site or these Terms and Conditions.
Under no circumstances will our aggregate liability exceed the greater of (a) the total fees paid by you for this order or (b) $100. We are not liable for any amount of damage that exceeds this limitation. Some jurisdictions do not allow limitations of liability so our limitations may not apply to you. The foregoing limitation shall apply regardless of whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis.
Indemnification
You agree to defend, indemnify and hold harmless Homax®, its affiliates, business partners, subsidiaries, agencies, contractors, principals, stakeholders, shareholders, directors, members, employees, accountants, attorneys, insurers, agents, licensors, and their respective directors, officers, agents, contractors, principals, stakeholders, shareholders and employees from and against liabilities, claims, damages, judgments, awards, losses, costs, expenses or fees including reasonable attorneys’ fees, made by any third-party or penalties arising out of or relating to your use of this Site, any third party products or services obtained through this Site; your violation or breach of these Terms and Conditions; your violation of any rights of another; or any action taken by Homax® as part of its investigation of any suspected violation of these Terms and Conditions or as a result of its finding that a violation of these Terms and Conditions has occurred. You will cooperate as fully as required by us in the defense of any such claim.
Accuracy and Integrity of Information
Although Homax® attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and content. It is possible the Site could include typographical errors, inaccuracies or other errors or that unauthorized additions, deletions and alterations could be made by third parties. In the event that a situation arises in which the Site’s accuracy, reliability, completeness, or timeliness is questioned, please contact us so that we can address the issue.
Modifications and Interruption to the Site
We reserve the right to modify or discontinue all or any portion of the Site with or without notice to you, and will not be liable to you or any third party as a result of any such modifications or discontinuation.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other issues or need to perform maintenance which may result in interruptions, delays, or errors. You agree that we have no liability for any damage, liabilities, losses, or expenses caused by any unavailability or interruption to the Site for any reason. You understand the Site may not be available due to planned periodic upgrades, maintenance or repairs by us, and unplanned outages occur due to factors beyond our control.
We are not liable or responsible for any loss of content or material as a result of uploading or posting it to the Site. Any content posted, transmitted to, or otherwise made available to or through this Site is done at your sole risk.
Governing Law and Jurisdiction
These Terms, anyTransaction, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration Agreement
At Homax®’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Site, to final and binding arbitration. Any election to arbitrate by Homax® shall be final and binding on the parties. The arbitration will be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by the parties. Claims shall be heard by a single arbitrator. The parties agree to submit to the jurisdiction of the federal and state courts located in King County, Washington for enforcing the arbitration award. Judgment on any award rendered by the arbitrator may be entered in any Washington state or federal court having proper jurisdiction.
Severability and Survival
Should any part of these Terms and Conditions be declared unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Claims arising under these Terms that are unresolved at the time of termination, and all provisions that by their nature should reasonably survive, shall survive such termination.
Entire Agreement
These Terms constitute the entire agreement between you and Homax® related to use of this Site and supersede any prior or contemporaneous representations or agreements. These Terms may not be modified without written agreement by us.
Contact Us
Please contact us with any questions regarding these Terms and Conditions using the information below:
Homax® Wall Texture, Ceiling Texture, Texture Gun
Address: 123 Example St, Bellingham, WA 98225
Email: [email protected]