Hello. Welcome to www.everyoneishomo.com (“the Site”). HOMO LLC and/or its affiliates (“Homo") provide website features to you subject to the following terms and conditions (“Terms”). If you visit or shop at Homo, you accept these Terms. Please read them carefully.
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Homo or its subsidiaries and affiliates. The Contents are intended solely for your personal, noncommercial use. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties. Homo reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Comments and Other Submissions
We welcome your comments and feedback regarding our Site, our products and our services (collectively, “Comments”). Any Comments posted or sent to the website shall be and will remain the exclusive property of Homo. Submission of any Comments to the Website shall be deemed an assignment to Homo of all intellectual property rights, titles and interest in and to such Comments. Such Comments will not be treated as confidential information. Homo shall have all rights to use, reproduce, publish, distribute and otherwise disclose such Comments for any purpose without restriction without providing any compensation to you.
Risk of Loss
All items purchased from Homo are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Information and Availability
Homo attempts to be as accurate as possible. However, Homo does not warrant that product descriptions or other content of this Site are accurate. In addition, the actual colors you see will depend on your monitor and may not be accurate. We apologize for any inconvenience this may cause you. If a product offered by Homo itself is not as described, you may return it in its original condition. Please see our return policy. Product availability is not guaranteed. If a product is not available when your order processes we will notify you by email.
Despite our best efforts, items on our Site may occasionally be mispriced. Homo shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Homo shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If payment has already been made or if the credit card has already been charged for the purchase and the order is cancelled, Homo shall promptly credit the credit card account in the amount of the incorrect price.
Links to other Websites and Services
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. Homo does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Site Policies, Modification, and Severability
We reserve the right to make changes to our Site, policies, and these Terms at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
These Terms are effective unless and until terminated by Homo. Homo may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to the Contents and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Homo shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through the Site, or to terminate any individual's right to access or use the Site or any portion thereof.
Homo may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail.
DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. HOMO DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOMO DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH HOMO ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER HOMO NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. HOMO IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF HOMO'S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOMO, ITS MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS.
By visiting Homo, you agree that any dispute or claim arising out of or in connection with these Terms shall be governed by the laws of the State of Georgia, without regard to any conflicts of law, rules or provisions. Sole and exclusive jurisdiction for any suit involving these Terms shall be in an appropriate State or Federal Court located in The Northern District of Georgia.
Last updated: 5/8/18