WEBSITE TERMS OF SERVICE AND
CONDITIONS OF USE
Please read these terms and conditions of use carefully before
using this site.
By using this site, you signify your assent to these
terms of use. If you do not agree to these terms of use please do not use
the site. We reserve the right, at our discretion, to change, modify, add,
or remove portions of these terms at any time.
RESTRICTIONS ON USE OF MATERIALS
This site is furnished by Homtomi Holdings, Inc.,
and its affiliates ("Homtomi"). No information on this Website may be copied, reproduced,
republished, uploaded, posted, transmitted, stored, or distributed in any way,
except that you may download indicated documents for your use, provided
you keep intact all copyright and other proprietary notices. Modification
of the materials or use of the materials for any other purpose is a
violation of Homtomi's copyright and other proprietary rights, whether
owned or licensed. For purposes of
these terms, the use of any such material on any other Website or
networked computer environment is prohibited. All trademarks, service
marks, and trade names, so indicated, are proprietary to Homtomi.
SUBMISSIONS
Homtomi is pleased to hear from its customers and welcomes your comments
regarding Homtomi's products and services, including Homtomi's online services. Unfortunately, Homtomi's long-standing company policy does not allow it to accept or
consider creative ideas, suggestions, or materials other than those it has
specifically requested. We hope you will understand that it is the intent
of this policy to avoid the possibility of future misunderstandings when
products or services developed by Homtomi's professional staff might seem to others to be
similar to their own creative work. Accordingly, we must, regretfully, ask
that you do not send us any original creative materials. While we do value
your feedback on our products and services, we request that you be
specific in your comments on those products and services, and not submit
any creative ideas, suggestions, or materials.
Despite our request that you not send us
any creative materials, if you send us creative suggestions, ideas,
notes, drawings, concepts, or other information (collectively, the
"Submissions") the Submissions shall be deemed, and shall
remain, the property of Homtomi. None of the Submissions shall be subject to
any obligation of confidence on the part of Homtomi, and Homtomi shall not be
liable for any use or disclosure of any Submissions. Without limitation of
the foregoing, Homtomi shall exclusively own all now known or hereafter
existing rights to the Submissions of every kind and nature throughout the
world and shall be entitled to unrestricted use of the Submissions for any
purpose whatsoever, commercial or otherwise, without compensation to the
provider of the Submissions.
CONTENT LINKED TO THIS WEBSITE
Homtomi encourages you to exercise discretion while browsing the Internet.
Homtomi
makes no representations concerning any effort to review the content of
sites linked to our Website. Consequently, Homtomi is not and cannot be held
responsible for the accuracy, copyright compliance, legality or decency of
material contained in sites linked to our Website.
DISCLAIMER
The materials in this site are provided "as is" and without
warranties of any kind either express or implied. To the fullest extent
permissible pursuant to applicable law, Homtomi disclaims all warranties,
express or implied, including but not limited to implied warranties of
merchantability and fitness for a particular purpose, Homtomi does not warrant
that the functions contained in the materials will be uninterrupted or
error-free, that defects will be corrected, or that this site or the
server that makes such materials available are free of viruses or other
harmful components. Homtomi does not warrant or make any representations
regarding the use of the results of the use of the materials in this site
in terms of their correctness, accuracy, reliability, or otherwise you
(and not Homtomi) assume the entire cost of all necessary servicing, repair or
correction. Applicable law may not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
HOMTOMI BE LIABLE FOR ANY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR THE INABILITY TO USE, THIS SITE, EVEN IF HOMTOMI OR A HOMTOMI AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT SHALL HOMTOMI'S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the site are presented solely
for the purpose of promoting products and services available in the United States, its
territories, possessions, and protectorates; and other countries. This site is controlled and
operated by Homtomi from its offices within the State of California, United
States of America. Homtomi makes no representation that materials in the site
are appropriate or available for use in other locations. Those who choose
to access this site from other locations do so on their own initiative and
are responsible for compliance with local laws, if and to the extent local
laws are applicable. Product information from this site is further subject
to United States export controls. No product information from this site
may be downloaded or otherwise exported or re-exported (i) into (or to a
national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or
any other country to which the U.S. has embargoed goods; or (ii) to anyone
on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders or in violation of
any other federal rule or regulation. By downloading or using the product
information, you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country or on any
such list.
TERMINATION
These terms are effective until terminated by either party. You may
terminate these terms at any time by destroying all materials obtained
from this Website and all related documentation and all copies and
installations thereof, whether made under the terms of these terms or
otherwise. These terms will terminate immediately without notice from
Homtomi
if in Homtomi's sole discretion you fail to comply with any term or provision of
these terms. Upon termination, you must destroy all materials obtained
from this site and all copies thereof, whether made under the terms of
these terms or otherwise.
ADDITIONAL TERMS
These terms shall be governed by and construed in accordance with the laws
of the State of California, without giving effect to any principles of
conflicts of law. You agree that any action at law or in equity arising
out of or relating to these terms shall be filed only in the state or
federal courts located in Santa Barbara County, State of California and you hereby
consent and submit to the personal jurisdiction of such courts for the
purposes of litigating any such action. If any provision of these terms
shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms and shall not affect
the validity and enforceability of any remaining provisions. This is the
entire agreement between us relating to the subject matter herein and
shall not be modified except in writing, signed by both parties.
It is the policy of Homtomi to apply for design and utility
patents. Additionally, Homtomi trademarks and registered trademarks are used throughout this site and
are so indicated. Homtomi pursues a vigorous policy of enforcing it's design,
utility and intellectual property rights.
Enstyle is a registered trademark of
Homtomi Holdings, Inc.
Homtomi,
Defining Global Resourcing, Defining Style at Home and Defining Global Investments are service marks of Homtomi Holdings,
Inc.
Other
trademarks and registered trademarks may be found throughout the
site and remain the property of their respective owners.