iHomehouseware.com Terms of Use

 

Welcome to iHomehouseware.com.  iHome Shop Inc. and/or its affiliates ("iHomehouseware.com") provide website features and other products and services to you when you visit or shop at iHomehouseware.com, use iHomehouseware.com  products or services, use iHomehouseware.com applications for mobile, and other device-based applications on various platforms, including, without limitation, Android and iOS (collectively, the "App"), or use software provided by iHomehouseware.com in connection with any of the foregoing (collectively,  "iHomehouseware.com Services").  These Terms of Use, as may be modified by iHomehouseware.com from time to time (the "Terms"), constitute a legally binding agreement between you and iHomehouseware.com that applies to your iHomehouseware.com account and your use of the App and the Services, including any viewing or submission of content in the Services.  iHomehouseware.com provides the Services subject to the following conditions.

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Please read the following terms and conditions of use carefully before using the website.

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YOUR AGREEMENT TO THESE TERMS

By using iHomehouseware.com Services and/or the App, you agree to these conditions. Please read them carefully.

 

We offer a wide range of iHomehouseware.com Services, and sometimes additional terms may apply.  When you use an iHomehouseware.com Service (for example, Your Profile, Gift Cards, iHomehouseware Points, Videos, or applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that iHomehouseware.com Service ("Service Terms").  You are authorized to use the Services and the App only if you agree to abide by all applicable laws, rules and regulations ("Applicable Law") and these Terms.  If you do not agree to be bound by these Terms and to abide by all Applicable Law, you must discontinue use of the Services and uninstall the App immediately.  We reserve the right to modify these Terms at any time and from time to time, and each such modification shall be effective upon posting on the Services.  Your continued use of the Services and/or App following any such modification constitutes your agreement to be bound by and your acceptance of the Terms as so modified.  It is therefore important that you review these Terms regularly.  Your use of, or participation in, certain Services may also be subject to different or additional terms without advanced notice.  If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

 

PRIVACY

Use of the Services is also governed by our Privacy Policy, which is available on the Sites and is incorporated into these Terms by this reference.

 

ELECTRONIC COMMUNICATIONS

When you use any iHomehouseware.com  Service, or send e-mails, live chat, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically.  You consent to receive communications from us electronically, such as e-mails, live chat, texts, mobile push notices, or notices and messages on this site or through the other iHomehouseware.com Services, such as our Message Center and App.

 

COPYRIGHT

All content included in or made available through any iHomehouseware.com Service, such as text, graphics, logos, button icons, images, video clips, digital downloads, data compilations, and software is the property of iHomehouseware.com or its content suppliers and protected by United States and international copyright laws.  The compilation of all content included in or made available through any iHomehouseware.com Service is the exclusive property of iHomehouseware.com and protected by U.S. and international copyright laws.   Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with iHomehouseware.com or purchasing iHomehouseware.com products.  You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with iHomehouseware.com or to purchase iHomehouseware.com products.  Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by iHomehouseware.com.  You further agree not to change or delete any proprietary notices from materials downloaded from the site.

 

TRADEMARKS

iHomehouseware.com’s graphics, logos, page headers, button icons, scripts, and service names included in or made available through any iHomehouseware.com Service are trademarks of iHome Shop Inc. in the U.S. and other countries.   iHomehouseware.com's trademarks may not be used in connection with any product or service that is not iHomehouseware.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits iHomehouseware.com.  All other trademarks not owned by iHomehouseware.com that appear in any iHomehouseware.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by iHome Shop Inc.

 

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and your payment of any applicable fees, iHomehouseware.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the iHomehouseware.com Services.  This license does not include any resale or commercial use of any iHomehouseware.com Service, or its contents;  any collection and use of any product listings, descriptions, or prices; any derivative use of any iHomehouseware.com Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by iHomehouseware.com or its licensors, suppliers, publishers, rightsholders, or other content providers.  No iHomehouseware.com Service, nor any part of any iHomehouseware.com Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of iHomehouseware.com.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of iHomehouseware.com without express written consent.  You may not use any meta tags or any other "hidden text" utilizing iHome Shop's name or trademarks without the express written consent of iHome Shop.  You may not misuse the iHomehouseware.com Services. You may use the iHomehouseware.com Services only as permitted by law.  The licenses granted by iHomehouseware.com terminate if you do not comply with these Terms of Use or any Service Terms.

 

YOUR ACCOUNT

If you use any iHomehouseware.com Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.   These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process.  These terms and conditions, or any part of them, may be terminated by iHomehouseware.com without notice at any time, for any reason.  The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, indemnification and miscellaneous, shall survive any termination.  You may not create multiple accounts and/or invite your own accounts in the attempt to receive discounts, free gifts, credits, or participate in promotions and sweepstakes.  iHomehouseware.com reserves the rights to refuse service to any accounts including but not limit to honor pricing/discounts, promotions, free gifts, or sweepstakes prize at iHomehouseware.com’s sole discretion.

 

AGE REQUIREMENT

iHomehouseware.com does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method.  If you are under 18, you may use the iHomehouseware.com Services only under the supervision of a parent or guardian.   iHomehouseware.com is not responsible for purchases made by anyone under the required age to use our website.  iHomehouseware.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, if the age requirement is not met.

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REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content does not violate iHomehouseware.com’s communications policy.  iHomehouseware.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials.  You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, iHomehouseware.com is merely acting as a passive conduit for distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.  However, iHomehouseware.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, offensive, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or, other intellectual property right of another or (d) illegal, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited messages, (e) or otherwise unacceptable to iHomehouseware.com in its sole discretion.   You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.  iHomehouseware.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.  If you do post content or submit material, and unless we indicate otherwise, you grant iHomehouseware.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media.  You grant iHomehouseware.com and sublicensees the right to use the name that you submit in connection with such content, if they choose.  You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify iHomehouseware.com for all claims resulting from content you supply.   iHomehouseware.com has the right but not the obligation to monitor and edit or remove any activity or content.  iHomehouseware.com takes no responsibility and assumes no liability for any content posted by you or any third party.   Harassment in any manner or form on the site, by use of obscene or abusive language, via e-mail, chat, phone, product reviews, or comments is strictly forbidden.  Impersonation of others, including an iHomehouseware.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.  You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.  You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

 

RISK OF LOSS

All items purchased from iHomehouseware.com and iHome Shop Marketplace 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.

 

RETURNS, REFUNDS AND TITLE

iHomehouseware.com does not issue a refund to returned item(s) until the item arrives and been inspected at our returns center.  Your refund will be issued back to your original form of payment in the following orders:  iHome Shop Gift Cards, iHome Shop Points, original form of payment.  At our discretion, a refund may be issued without requiring a return.  In this situation, iHomehouseware.com does not take title to the refunded item.  For more information about our returns and refunds, please see our Returns Policy.

 

PRODUCT DESCRIPTIONS

Due to product improvements design, specifications are subject to change without notice.  While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website.  iHomehouseware.com does not warrant that product descriptions or other content of any iHomehouseware.com Service is accurate, complete, reliable, current, or error-free.  All information about the products on our website is provided for information purposes only.  We recommend that you do not rely solely on the information presented on our website.  Please always read labels, warnings and directions provided with the product before use.  We accept no liability for inaccuracies or misstatements about products by marketplace sellers.  If a product offered by iHomehouseware.com itself is not as described, your sole remedy is to return it in unused condition.

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SALES TAX & REGULATORY FEES

Items sold on iHomehouseware.com and shipped to destinations in the following states are subjected to tax:

• California

• New Jersey (Starting November 1st, 2017)

• Canada

If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item.  The amount of tax charged on your order will depend upon many factors including type of item purchase, and destination of the shipment.  Factors can change between the time you place an order and the time of credit card charge authorization, which could affect the calculation of sales taxes.  The amount appearing on your order as Estimated Tax may differ from the sales taxes ultimately charged.

Note:

No sales tax is charged when purchasing gift cards; however, purchases paid for with gift cards may be subject to tax.

 

PRICING

Prices are subject to change without notice.  We do our best to make sure that all of the information on this site is accurate.  Despite our best efforts, sometimes an item may be priced incorrectly.  In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, iHomehouseware.com reserves the right to cancel any orders placed for product listed at the incorrect price.

• If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.

• If an item's correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation.  You will, of course, have an opportunity to purchase the item at the correct price, if you so wish.

 

OTHER BUSINESSES (Third Party)

Parties other than iHomehouseware.com operate stores, provide services, or sell product lines through the iHomehouseware.com Services. In addition, we 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 Web sites.  iHomehouseware.com 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.

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SOFTWARE (APP) TERMS

When you use apps created by iHomehouseware.com, you may grant certain permissions to us for your device.  Most mobile devices provide you with information about these permissions.  By using iHomehouseware.com Software, you agree to the following terms:

• 1. Use of the iHomehouseware.com Software(App).  You may use iHomehouseware.com Software solely for purposes of enabling you to use and enjoy the iHomehouseware.com Services as provided by iHomehouseware.com, and as permitted by the Conditions of Use, these Software Terms and any Service Terms.  You may not incorporate any portion of the iHomehouseware.com Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the iHomehouseware.com Software or otherwise assign any rights to the iHomehouseware.com Software in whole or in part.  You may not use the iHomehouseware.com Software for any illegal purpose.  We may cease providing any iHomehouseware.com Software and we may terminate your right to use any iHomehouseware.com Software at any time.  Your rights to use the iHomehouseware.com Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms.  Additional third party terms contained within or distributed with certain iHomehouseware.com Software that are specifically identified in related documentation may apply to that iHomehouseware.com Software (or software incorporated with the iHomehouseware.com Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any iHomehouseware.com Service is the property of iHome Shop or its software suppliers and protected by United States and international copyright laws.

• 2. Use of Third Party Services.  When you use the iHomehouseware.com Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider.  Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

• 3. No Reverse Engineering.  You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the iHomehouseware.com Software, whether in whole or in part, or create any derivative works from or of the iHomehouseware.com Software.

• 4. Updates.  In order to keep the iHomehouseware.com Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

 

CALIFORNIA PROPOSITION 65

Attention California residents:  California’s Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels.  We know you’re concerned about product safety, and iHome Shop takes all necessary steps to comply with all applicable safety and health requirements.

On iHomehouseware.com, we provide a Prop 65 link under each item that requires the Prop 65 warning.  If a Prop 65 link does not appear for the product you wish to purchase, the supplier of the product has indicated that it does not require the Prop 65 warning.

 

18 U.S.C SECTION 2257 COMPLIANCE NOTICE

iHomehouseware.com does not produce any content and makes no representation about any content.   iHomehouseware.com is not the primary producer (as that term is defined in 18 USC 2257 and 28 C.F.R. 75 or subsequent case law defining such) of any of the visual content contained in the Website.  The original records required pursuant to 18 U.S.C. §2257 and 28 C.F.R. 75 for the materials contained in this website are kept by the Custodian of Records for each of the primary producers.

 

MARKETPLACE

Product pages contain information provided by third-party sellers and other content providers.  Despite our best efforts to make sure that information is accurate, we don’t guarantee it, and images, descriptions, specifications, or other attributes may be incomplete, out of date, unreliable or miscategorized. Before you buy, use or consume a product, you should always review nutritional, ingredient and allergen information and any warnings or instructions.  We don’t guarantee the accuracy of nutritional labels or any other information on product packaging.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE IHOMEHOUSEWARE.COM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE IHOMEHOUSEWARE.COM SERVICES ARE PROVIDED BY IHOMEHOUSEWARE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.  IHOME SHOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE IHOMEHOUSEWARE.COM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE IHOMEHOUSEWARE.COM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE IHOMEHOUSEWARE.COM SERVICES IS AT YOUR SOLE RISK.  

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TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IHOMEHOUSEWARE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  IHOMEHOUSEWARE.COM DOES NOT WARRANT THAT THE IHOMEHOUSEWARE.COM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE IHOMEHOUSEWARE.COM SERVICES,  IHOMEHOUSEWARE.COM'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM IHOMEHOUSEWARE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.   IHOMEHOUSEWARE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY IHOMEHOUSEWARE.COM SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY IHOMEHOUSEWARE.COM SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless iHomehouseware.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.