Home Outlet Direct
Terms of Service
Last Updated: January 29, 2025
Our Services are intended exclusively for users located within the United States. We do not intentionally market to, serve, or collect information from residents outside of the United States.
NOTICE OF ARBITRATION PROVISIONS:
Your use of the Services is subject to binding BI-LATERAL arbitration of any disputes which may arise, INCLUDING THE MASS ARBITRATION SUPPLEMENTARY RULES (AS APPLICABLE), as provided below IN SECTION 23 and in these TOS. Please read the arbitration provisions carefully and do not use the Services if you are unwilling to arbitrate any disputes you may have with us as provided below.
This website is operated by Home Outlet Direct. These terms of service (“TOS”) apply to your access to, and use of, the services of Home Outlet Direct. (hereinafter, “we”, “us”, “our”, and “Home Outlet Direct”), including without limitation the applications and websites available at www.homeoutletdirect.com or that link to these TOS (collectively, the “Services”). These TOS incorporate by reference the Privacy Policy, and any other applicable Company policy referenced herein. These Terms constitute a legally binding agreement between you and Company, and you should read them carefully. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Home Outlet Direct, or its affiliates and/or partners, for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these TOS on any such entity’s behalf.
1. ACCEPTANCE OF TERMS OF SERVICE
By visiting our site and/or purchasing from us, you engage in our Services and agree to be bound by the following TOS, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these TOS carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these TOS.
If you do not agree to these TOS, please do not use, and promptly exit the Services.
If these TOS are considered an offer, acceptance is expressly limited to these TOS.
Home Outlet Direct may, subject to the below, change these TOS from time to time on a prospective basis, and modify, add, or discontinue any aspect, content or feature of the Services, at its sole discretion. Your continued use or access of the Services following the posting of any changes to these TOS constitutes your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these TOS would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these TOS being deemed illusory or unenforceable.
Any form of transfer or sublicense, or unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, or exploitation (commercial or otherwise), of any portion of the Services, including, but not limited to, all content, services, digital products, tools, or products, is hereby expressly prohibited.
Our store is currently hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you. If we transition to a different e-commerce provider in the future, this section will automatically apply to the current provider hosting our store, and references to Shopify Inc. shall be deemed references to the new provider.
2. REGISTRATION, ACCOUNTS AND PASSWORDS
We may offer you the ability to create and you may be able to register an account to be used in connection with the Services. In the event you create an account (“Account”) you agree to provide true and accurate data about yourself on our account registration form, and to update and keep such data current. You will receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password and/or Account, whether authorized by you or not. You shall not allow other persons access to or use of such username or password. You shall not post your username or password on any website nor transmit it through unsecured sites. You agree to (a) immediately notify Home Outlet Direct of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use the Services. Access and use of password-protected and/or secure areas of the Services are restricted to users who have been given a valid password by Home Outlet Direct. We may terminate your access to the Services if we learn that you have provided us with false or misleading registration data. If we feel your username and password are insecure or otherwise problematic, we may require you to change them or terminate your account.
3. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
4. CHILDREN'S ONLINE PRIVACY PROTECTION ACT NOTIFICATION
The Services are not designed or intended for use by children under 18, and thus all users must be at least 18. If you are under 18, you may only use Home Outlet Direct with the involvement and permission of a parent or guardian. Some portions of the Services may require you to be over the age of 18 or the age of majority for your jurisdiction; please see the terms and conditions of the relevant Services for more details.
Pursuant to 47 U.S.C. Section 230(d) as amended, Home Outlet Direct hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from the Electronic Frontier Foundation website located at http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.
5. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We do not collect your credit card information—all credit card processing is done via our third-party providers (e.g., Shopify). If we transition to a different provider in the future, this section will automatically apply to the current provider(s) processing credit card payments, and references to Shopify shall be deemed references to the new provider(s). You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these TOS.
6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
7. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
8. PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 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. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
9. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these TOS.
10. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these TOS.
If you submit, upload, post, share or otherwise transmit any Content, you agree not to use the Service to upload, post, share or otherwise transmit any Content that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, contains explicit sexual content (including nudity) or harmful, or that could encourage criminal or unethical behavior, (b) violates, infringes, threatens, abuses, harasses or evades the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property or proprietary right of any person or entity, (c) contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party, (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling, (e) does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, (f) impersonates any person or entity, including any employee or representative of Home Outlet Direct, (g) imply that your Content is in any ways sponsored or endorsed by Home Outlet Direct, except without our prior written consent, or (h) violates any applicable law or these TOS.
You expressly acknowledge that no Content you submit, upload, post, share or otherwise transmit shall be treated as confidential, that you alone are responsible for your Content (including anyone's reliance on its quality, accuracy, or reliability, or any disclosure of information that makes you personally identifiable), and once published, your Content cannot always be withdrawn. Furthermore, you represent and warrant that you have the legal right and authorization to provide your Content for use as set forth herein and required by us.
All your Content must comply with these TOS, and we reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any Content that is submitted, uploaded, posted, shared or otherwise transmitted to the Services. You acknowledge that we do not verify, adopt, ratify, or sanction your Content, and you agree that you must evaluate and bear all risks associated with our use of your Content or our reliance on the accuracy, completeness, or usefulness of your Content.
12. GRANT OF LIMITED LICENSE
Home Outlet Direct may use your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant Home Outlet Direct and its affiliates and licensees a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use, including, but not limited to the right to copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of, your Content for any purpose. You also irrevocably grant the users of the Services and any Other Media the right to access your Content in connection with their use of the Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Home Outlet Direct and its users any claims and assertions of moral rights or attribution with respect to your Content. You acknowledge that we are under no obligation to pay you or anyone else for any use or disclosure of your Content.
13. PERSONAL INFORMATION & PRIVACY POLICY
Your use of the Services and any information and personal information provided by you or gathered by Home Outlet Direct or third parties during any visit to or use of the Services is governed by the Privacy Policy which is incorporated to these TOS by this reference. By using the Services, you acknowledge and agree to Home Outlet Direct’s collection, use and sharing of your information as set forth in the Privacy Policy.
If you do not agree to our Privacy Policy, please do not use and promptly exit the Services.
14. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
15. PROHIBITED USES
Our Services are for your personal and non-commercial use. The Services contain material that is derived in whole or in part from material supplied and owned by Home Outlet Direct and other sources. Such material is protected by copyright, trademark, and other applicable laws. Unless otherwise agreed to in writing by Home Outlet Direct, you agree that you will not use the Services, or duplicate, download, publish, modify, or otherwise distribute or use any material on the Services for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Services other than the home page (for example, “deep linking”), without Home Outlet Direct’s prior written consent. Use of the Services or any materials or content on the Services for any commercial or other unauthorized purpose is prohibited. You acknowledge that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download (other than page caching) or modify the Services or any portion of them unless we have provided you with express written consent. You shall not make derivative use of the Services (or any part thereof) for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering.
We have implemented reasonable and appropriate security measures designed to protect the information provided through and/or maintained on the Services. When using the Service, information will be transmitted over an internet medium that is beyond the control of Home Outlet Direct. You are responsible for using appropriate technical safeguards to secure your devices used to access the Services, such as up-to-date software and virus protection. You are responsible for your devices, including computers, laptops, and mobile devices used to access the Services.
It is a condition of your use of the Services that you do not:
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Services or any activity being conducted on the Services. You agree to defend, indemnify, and hold us harmless from and against all third-party claims, damages, and expenses (including without limitation reasonable attorneys’ fees) against or incurred by arising out of your breach of these TOS or violation of applicable law, your use or access of the Services, or access by anyone accessing the Service using your Account.
16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Home Outlet Direct, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. In no event will the Home Outlet Direct’s aggregate liability to you in connection with the site and Service or these TOS exceed the amount (if any) paid by you to Home Outlet Direct in the six months immediately preceding the event which gave rise to the liability.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, liability in such jurisdictions shall be limited to the greatest extent permitted by the law of such jurisdiction. In addition, because some jurisdictions do not permit the disclaimer of certain warranties, the disclaimers set forth above may not apply to you.
If you are a California resident, you waive your rights with respect to California civil code section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
17. EXCLUSION OF DAMAGES
None of the Home Outlet Direct parties will be liable to you or any third party for any direct, indirect, punitive, incidental, special, consequential damages (including damages relating to lost profits, lost data or loss of goodwill) or any damages whatsoever that result from your use of or inability to use the services or other service. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, and even if home outlet direct has been advised of the possibility of such damage. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record. You specifically acknowledge and agree that each of the home outlet direct parties shall not be liable for any defamatory, offensive or illegal conduct of any user of the services or other service. Without limiting the foregoing, Home Outlet Direct will not be liable for any loss or damage arising out of (1) your failure to comply with paragraph 3 (registration, accounts and passwords) of these TOS or (2) content posted to the services or other services by you or any third party.
18. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Home Outlet Direct and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any Home Outlet Direct parties arising out of your use of the Services or any alleged breach by you of any provision of these TOS, or the infringement by you, or any other subscriber or user of your Account, of any intellectual property or other right of any person or entity, or your violation of any law or the rights of a third-party. If you are obligated to indemnify any Home Outlet Direct parties, Home Outlet Direct may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of Home Outlet Direct.
19. SEVERABILITY
In the event that any provision of these TOS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOS, such determination shall not affect the validity and enforceability of any other remaining provisions.
20. TERMINATION
These Terms are effective unless and until terminated by either you or us. The obligations and liabilities of either you or us incurred prior to the termination date shall survive the termination of this Agreement for all purposes. You may terminate these TOS at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these TOS, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
21. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOS). Any ambiguities in the interpretation of these TOS shall not be construed against the drafting party.
22. GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States.
Subject to the arbitration provisions contained herein, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these TOS will be brought exclusively in the courts of State of Delaware, United States, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum nonconveniens or otherwise.
Licensors of the Home Outlet Direct Services are third party beneficiaries to these TOS. No failure or delay by Home Outlet Direct in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these TOS. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Services, or these TOS, our Privacy Policy, or other Home Outlet Direct Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred. The paragraph or section titles in these TOS are for convenience only and have no legal or contractual effect. These Terms represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged. These Terms are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without Home Outlet Direct's prior written consent.
23. ARBITRATION
BINDING ARBITRATION OF ALL DISPUTES
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these TOS, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services, (ii) any purchases or other transactions or relationships with Home Outlet Direct, or (iii) any data or information you may provide to Home Outlet Direct or that Home Outlet Direct may gather in connection with such use, interaction or transaction (collectively, “Home Outlet Direct Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, or engaging in any other Home Outlet Direct Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of Home Outlet Direct's parent company(ies) and/or owners regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, or disagreement you may have against Home Outlet Direct, and any claim that Home Outlet Direct may have against you, arising out of, relating to, or connected in any way with these TOS, our Privacy Policy, or any Home Outlet Direct Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Home Outlet Direct agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth herein, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, nothing herein shall prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
24. RISK OF LOSS
Home Outlet Direct shall make all commercially reasonable efforts to maintain the availability of the Services, however Home Outlet Direct will not be responsible for any damage or losses related to any system errors or interruptions affecting the Services. You accept that the Services could become unavailable unexpectedly as a result of circumstances beyond Home Outlet Direct’s control or routine maintenance. Moreover, the Services may be terminated at any time for any reason without advance notice. All decisions by Home Outlet Direct regarding the Services are final.
All purchases of physical items from Home Outlet Direct 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.
25. RETURNS, REFUNDS AND TITLE
Home Outlet Direct does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Home Outlet Direct does not take title to the refunded item. For more information about our returns and refunds, please see our Returns/Refund Policy.
26. PRODUCT DESCRIPTIONS
Home Outlet Direct attempts to be as accurate as possible. However, Home Outlet Direct does not warrant that product descriptions or other content of any Home Outlet Direct Service is accurate, complete, reliable, current, or error-free. If a product offered by Home Outlet Direct itself is not as described, your sole remedy is to return the product in unused condition.
27. PRICING
We cannot confirm the price of an item until you order it. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Home Outlet Direct is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. Your item(s) will be charged in accordance with our third-party payment processors respective policies.
28. SANCTIONS AND EXPORT POLICY
You may not use any service offered or provided by Home Outlet Direct, including without limitation the Services, if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Home Outlet Direct’s services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services when using any service offered or provided by Home Outlet Direct.
29. COPYRIGHTS
Home Outlet Direct respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “Act”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Home Outlet Direct, pursuant to the Act, reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Therefore, in compliance with the Act, if you believe that any such third-party materials infringe your intellectual property rights, please send a notice to the agent identified below to request a review of the alleged infringement. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Home Outlet Direct to locate the material on the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Home Outlet Direct a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Services should be sent to:
Home Outlet Direct
Email: privacy@HomeOutletDirect.com
Telephone: 1-800-495-0144
30. CONTACT INFORMATION
Questions about the TOS should be sent to us at
Home Outlet Direct
Email: privacy@HomeOutletDirect.com
Telephone: 1-800-495-0144
