Homecall Terms of Service
The Website and Products are offered subject to your acceptance of these Terms and Conditions (“Terms” or “Agreement”). These Terms constitute a legally binding agreement between you and Homecall, and you should read them carefully. By agreeing to these Terms, you also agree to the Homecall Privacy Policy, Online Return Policy, Store Returns Policy, and Shipping Policy, each of which is expressly incorporated by reference herein.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT OUT. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
User Obligations
By downloading, accessing, or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you agree to these Terms. You also agree to abide by all applicable local, state, and national laws and regulations concerning your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates to that) when submitting data to Homecall through the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. Homecall reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as specified by Homecall from time to time. You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). You shall immediately notify Homecall if you suspect or become aware of any loss, theft, or unauthorized use of your password.
Purchases through the Website
All purchases made through the Website are subject to our acceptance. This means that we may refuse to accept or cancel any transaction at our sole discretion and without liability to you or any third party. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered. Homecall expressly conditions its acceptance of your order on your agreement to these Terms and to all additional terms and conditions provided to you on the Website that govern your purchase of certain Products. By ordering Products through the Website, you agree to provide true, accurate, current, and complete information. Homecall reserves the right without prior notice to discontinue or change specifications and prices on products offered outside the site without incurring any obligation to you. Prices and availability are subject to change without prior notice, and Homecall reserves the right to revoke any offer to correct any errors, inaccuracies, or omissions.
Homecall wants you to be satisfied with your purchases from this Website. Please review our Online Return Policy and Store Returns Policy, which are incorporated herein by reference if you wish to return a product.
Website Ownership and Content
The Website contains materials including, but not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, and the overall arrangement or "look and feel" of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Homecall, its licensors, licensees or other third parties (collectively the "Content"). The Website and the Content are owned, licensed, or controlled by Homecall, its licensors, and certain other third parties, and all right, title, interest in and to the Content and the Website are the property of Homecall and protected by the United States and international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. Using the Website will not obtain any ownership or intellectual property or other interest in any item or Content on the Website. Subject to your agreement and compliance with this Agreement, Homecall grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access, display, view, and use the Content on the Website for your own personal, non-commercial use only. You agree that Homecall may immediately and, without notice to you, suspend or terminate the Website's availability, its Content, or the Products without any liability to you or any third party.
User-Generated Content
By submitting or posting any materials or Content on the Site ("User-Generated Content"), you grant to Homecall a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable, and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. As a result of this, you represent a warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party. You have full right to grant Homecall the license specified above. Homecall shall be entitled to use any User-Generated Content without incurring confidentiality obligations, attribution, or compensation to you.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. Homecall DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE, OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE WEBSITE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL Homecall OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM, CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE RETURN POLICY, THE SHIPPING POLICY, THE PRODUCTS, OR YOUR USE OF THE WEBSITE OR ANY PRODUCTS. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY DOES NOT APPLY IN NEW JERSEY.
Links to Third-Party Websites
The Website may include links to third-party websites, such as advertisers, sponsors, content partners, and third parties. The inclusion of any link on the Website does not imply our endorsement of it, and Homecall expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites.
Privacy
You understand, acknowledge, and agree that the operation of certain portions of this Website or the receipt of certain information, such as registering or creating an account on this Website, requires the submission, use, and dissemination of certain personally identifiable information. Please note that by providing your mobile phone number to the Website, you are providing Homecall your electronic signature expressly consenting to be contacted by telephone (including by automated dialing systems, pre-recorded messages, SMS, and MMS) at the number provided, even if the number you provide is on a corporate, state, or national Do Not Call list. You understand that your consent is not required to make a purchase.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "PLACE MY ORDER", "I ACCEPT", ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Homecall to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this agreement. According to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act"), YOU at this moment AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY Homecall. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Sales Tax
Homecall honors each state's guidelines concerning sales and use tax, determined by the destination address of your shipment. As you proceed through checkout and confirm your shipping details, any applicable taxes will be calculated on your total merchandise value. Additionally, order totals at checkout reflect estimated tax. The actual charge to your payment method will reflect all applicable state, local, and county taxes and will be calculated once your order is shipped.
Miscellaneous
This agreement constitutes the entire agreement between you and Homecall and supersedes any prior version of this Agreement and Homecall. Suppose any provision of this agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid. In that case, the remaining provisions shall not be affected thereby and shall continue in full force and effect. Such provision may be modified or severed from this agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this agreement.