Security, Legal & Privacy Policies
CONDITIONS OF USE
Welcome to HomeClick.com, a division of HomeClick LLC, HomeClick.com provides its services to you subject to the following conditions. If you visit or shop at HomeClick.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future HomeClick.com service (e.g., Your Account or Gift Certificates) or visit or purchase from any business affiliated with HomeClick LLC, whether or not included in the HomeClick.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.
We are committed to respecting your privacy and recognize your need for appropriate protection and management of the personal information you share with us (the phrase "personal information" means any information that can be used to identify an individual, such as a name, mailing address, email address or telephone number). This policy sets out:
- How we collect personal information from you
- How we use personal information
- Your ability to review and correct your personal information
How Do We Collect Your Personal Information?
In various locations on our websites we may ask you to provide certain information about yourself, such as your name, shipping/billing address, telephone number, email address, credit card information, birth date, gender, occupation and personal interests. Whether or not to provide such information is completely your choice; however, if you choose not to provide the information we request, you may be unable to purchase products, participate in contests, or access certain offers and content on our website.
In general, you can visit many of our web pages without telling us who you are or revealing any personal information about yourself. We may track the Internet domain address from which people visit us and analyze this data for trends and statistics, but individual users will remain anonymous, unless you voluntarily tell us who you are.
We do not want information from children under the age of 13 and do not want to communicate with children. Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the web.
How Do We Use Your Personal Information?
We use the personal information you provide for internal purposes, informing you of our new products, services and offers, and providing you with information from and about us. From time to time we might establish a business relationship with other persons or entities whom we believe trustworthy and whom we have asked to confirm that their privacy policies are consistent with ours. These are called "Approved Partners". On occasion, we might share and cross-reference information, including personal information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you.
We may also combine information you give us with publicly available information and information we receive from or cross-reference with our Approved Partners and others. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.
We may contract with companies or persons to provide certain services including credit card processing, shipping, data management and promotional services. We call them our Service Providers. We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours. Please note that if you provide us your email address, we will never rent it to a third party.
Although unlikely, in certain instances we may disclose your personal information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities that may be causing injury to you, us or others. We may also disclose your personal information when we believe the law requires.
How Do I Change or Delete My Information with You?
We want to communicate with you only if you want to hear from us. If you prefer not to receive information from any or all of the HomeClick LLC brands or from our Approved Partners please let us know by sending us an email at email@example.com. Please be sure to include your email address, mailing address, full name, and specifically what information you do not want to receive. If you would like to update or correct your email address, mailing address or other personal information with us please contact us the same way.
Please note that any requests to remove or update your personal information may take up to ten days for your email request and 6-8 weeks to process your postal mail request. Also, we may need to contact you on occasion, even if you have opted to not receive communications from us, for example, sending you shipping confirmations and product recall information.
What about Links to Third Party Sites?
How Will You Notify Me of Policy Changes?
Third Party Vendors
How Can I Contact You?
You can contact us at:
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777 New Durham Road, Suite D
Edison, NJ 08807
rev. February 2009
When you visit HomeClick.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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All content and software included or used on this site is the property of HomeClick LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of HomeClick LLC and protected by U.S. and international copyright laws.
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HOMECLICK.COM other graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of HomeClick LLC or its affiliates in the U.S. and/or other countries. You may not use these trademarks and trade dress. All other trademarks not owned by HomeClick LLC or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HomeClick LLC or its affiliates.
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LICENSE AND SITE ACCESS
HomeClick LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. 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 HomeClick LLC and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing HomeClick LLC or the HomeClick.com name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of HomeClick.com so long as the link does not portray HomeClick.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HomeClick.com logo or other proprietary graphic or trademark as part of the link without express written permission. .
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If you use this site, 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. HomeClick.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use HomeClick.com only with involvement of a parent or guardian. HomeClick.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
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REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." 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. HomeClick LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Any posted content or submitted material sent to our website shall be and remain the exclusive property of HomeClick LLC Your submission of any such content or material will constitute an assignment to HomeClick LLC of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the content or material. HomeClick LLC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. 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 HomeClick LLCor its affiliates for all claims resulting from content you supply. HomeClick LLC has the right but not the obligation to monitor and edit or remove any activity or content. HomeClick LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
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RISK OF LOSS
All items purchased from HomeClick.com 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.
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We try to be as accurate as possible; however, HomeClick LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by HomeClick.com is not as described, your sole remedy is to return it in unused condition. HomeClick LLC reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices or promotions are not binding on HomeClick LLC and may be adjusted by us at any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.
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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY HOMECLICK LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOMECLICK LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ANY PRODUCT WARRANTIES REFERENCED ON THIS SITE ARE EXTENDED BY THE MANUFACTURER OF THE PRODUCT AND NOT HOMECLICK LLC AND ARE NOT ENFORCEABLE AGAINST HOMECLICK LLC
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HOMECLICK LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOMECLICK LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM HOMECLICK LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOMECLICK LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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.
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By visiting HomeClick.com, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and HomeClick LLC or its affiliates.
Attention California Residents: Proposition 65 Warning – Consuming foods or beverages that have been kept or served in leaded crystal products or handling products made of leaded crystal will expose you to lead, a chemical known to the State of California to cause birth defects or reproductive harms.
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You and we agree to submit any dispute arising under this agreement, with the exception of disputes alleging criminal or statutory violations, to binding arbitration in accordance with the BBB Rules of Binding Arbitration (Pre-Dispute). A volunteer BBB arbitrator will render a decision that the arbitrator considers to be fair; in doing so, the arbitrator is not required to apply legal principles. The arbitrator's decision will be final and binding on both you and us, and judgment on the decision may be entered in any court having jurisdiction. All administrative fees for the arbitration will be paid by the business. Further information about BBB arbitration may be obtained by contacting the BBB Serving New Jersey at 609-588-0808. This Agreement to Arbitrate affects important legal rights. Neither of us will be able to go to court for disputes that must be arbitrated.
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SITE POLICIES, MODIFICATION, AND SEVERABILITY
There are other specific policies that govern your use of the HomeClick.com website, including pricing, shipping, returns, privacy, security and other policies. YOUR PURCHASES ARE SUBJECT TO THESE POLICIES AND IT IS IMPORTANT THAT YOU REVIEW THEM.
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
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describing how we will and will not use information. By using information you submit when you visit this website, Homeclick may send you emails or other communications on various topics such as news related to product standards, information on specific products, and information about our Company.
Provided that Homeclick will not use your information in a way that identifies you personally (unless required by law), please understand that information submitted to or gathered by Homeclick via this website, may be treated as non-confidential. You agree that all such information may be used by Homeclick for any purpose without compensation to you.
With regard to the content of any submissions you make to Homeclick through this website, you agree to remain solely responsible, and agree not to submit materials that are unlawful, defamatory, abusive or obscene. You also agree that you will not submit anything to this website that will violate any right of a third party, including copyright, trademark, privacy or other personal or proprietary rights.
As a convenience, Homeclick provides links on the website that allow you to connect with third party websites that are not under our control. The link to a third party website provided on this website does not imply endorsement of or responsibility for such linked website by Homeclick and we are not responsible for any information you submit to them, their contents, privacy policies or other practices.
Guests may post comments, suggestions, questions and other content in our online forums so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Homeclick 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 Homeclick a nonexclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Homeclick 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 Homeclick for all claims resulting from content you supply. Homeclick takes no responsibility and assumes no liability for any content posted by you or any third party.
Copyright and Trademark
All right, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of Homeclick, or to another party that has licensed their material to Homeclick and is protected by United States and international copyright laws. The content of this website is not intended to be a comprehensive compilation of all Homeclick worldwide proprietary ownership rights, and Homeclick may own or control other proprietary rights in one or more countries outside of the United States. You may not reproduce, redistribute or otherwise use any materials without the express written consent of Homeclick. All rights not expressly granted are reserved. Homeclick’s trademarks and trade dress may not be used in connection with any product or service that is not Homeclick’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Homeclick.
Your use of the materials included on this website is for personal, informational and shopping purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this website in any way. You agree to indemnify, defend and hold harmless Homeclick for any and all unauthorized uses you may make of any material on the website. You acknowledge the unauthorized use of the contents could cause irreparable harm to Homeclick and that in the event of an unauthorized use, Homeclick shall be entitled to an injunction in addition to any other remedies available at law or in equity.
COPYRIGHT COMPLAINT PROCEDURE
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Homeclick that your copyright has been violated.
Please provide the following information in the following format (including Section Numbers):
a. A clear identification of the copyrighted work you claim was infringed.
b. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the website, such as a link to the infringing material.
c. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
d. Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.
e. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
f. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Homeclick 777 New Durham Road Edison, NJ 08817 Attention: Legal Team Phone: 888-837-5313
We suggest that you consult your attorney prior to filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
DISCLAIMER AND LIMIT OF LIABILITY
THIS WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND HOMECLICK EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) TO YOU CONNECTED WITH USE OF THIS WEBSITE, INCLUDING ITS CONTENT AND REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. "Covered Party" means Homeclick, Inc., its subsidiaries and affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.
Homeclick does not guarantee that the functions contained on this website will be uninterrupted or error-free, that this website or its server will be free of viruses or other harmful components, or that defects will be corrected even if Homeclick is aware of them.
Please understand that Homeclick disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from this website, including but not limited to technical inaccuracies and typographical errors; (2) any third party websites or content therein directly or indirectly accessed through links in this website; (3) any information which is posted by any 3rd party, including without limitation, information posted on any related blog; (4) the unavailability of this website or any portion of this website; (5) your use of this website; or (6) your use of any equipment or software in connection with this website.
Parents should always supervise their children while online. Homeclick's website is not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children's Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on this website.
Use of this website shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, as they apply to agreements made and solely performed in New Jersey. Disputes arising based on this website or in any way related to this website shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of New Jersey, and jurisdiction therefore shall be solely in New Jersey.
Homeclick makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your country.
PRIVACY & SECURITY
Homeclick has attempted to take all reasonable steps to have physical, electronic and procedural safeguards in place to protect personal information gathered through this website. This includes compliance with related federal regulations and may include use of industry-standard Secure Socket Layer (SSL) encryption to prevent any loss, misuse, unauthorized access, disclosure, or modification of personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk.
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777 New Durham Road, Suite D
Edison, NJ 08817