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Terms of Service

Terms of Service

Effective Date: 2/11/25

1. Introduction

Welcome to Home Mobility Experts ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of our website located at http://www.homemobilityexperts.com ("Website") and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

2. Eligibility

By using the Services, you represent and warrant that you are at least 18 years old, and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms.

3. Accounts and Registration

3.1 Account Creation

To access certain features of the Services, you may be required to create an account. You agree to:

  • Provide true, accurate, current, and complete information during the registration process.
  • Maintain and promptly update your account information to keep it accurate and current.
3.2 Account Responsibilities

You are responsible for:

  • Maintaining the confidentiality of your account login credentials.
  • All activities that occur under your account.
  • Notifying us immediately of any unauthorized use of your account.

4. Orders and Payment

4.1 Product Availability

All products listed on the Website are subject to availability. We reserve the right to limit the quantities of any products or services that we offer.

4.2 Pricing

Prices for our products are subject to change without notice. We are not liable for any price changes, modifications, or discontinuance of products.

4.3 Payment Terms
  • Accepted Payment Methods:  Visa, MasterCard, American Express, PayPal, Venmo, Shop Pay, Apple Pay, Google Pay
  • Payment Processing: All transactions are encrypted and processed through secure payment gateways that comply with industry standards.
  • Billing Information: You agree to provide current, complete, and accurate billing information.
4.4 Order Acceptance

We reserve the right to refuse or cancel any order for reasons including but not limited to:

  • Product or service availability.
  • Errors in the description or price of the product.
  • Suspected fraudulent or unauthorized transactions.

5. Shipping and Delivery

5.1 Shipping Policy

Please refer to our Shipping Policy for information on our shipping policy

5.2 Risk of Loss

All purchases are made pursuant to a shipment contract. Risk of loss and title for items pass to you upon our delivery to the carrier.

6. Returns and Refunds

Please refer to our Return and Refund Policy for information on returns, exchanges, and refunds.

7. Intellectual Property Rights

7.1 Ownership

All content on the Website, including text, graphics, logos, images, and software, is the property of Home Mobility Experts or its content suppliers and is protected by intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes.

7.3 Restrictions

You agree not to:

  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission.
  • Use any meta tags or other hidden text using our name or trademarks without our express written consent.

8. User Content

8.1 Submissions

If you submit or post any content ("User Content") to the Services, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display such content.

8.2 Prohibited Content

You agree not to submit any User Content that:

  • Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.
  • Infringes on any intellectual property or other proprietary rights of any party.

9. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violating Laws and Rights: Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
  • Disruption: Interfere with or disrupt the Services or servers or networks connected to the Services.
  • Unauthorized Access: Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services.

10. Disclaimers and Warranties

10.1 "AS IS" Basis

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, expressed or implied, regarding the Services.

10.2 No Warranty

We do not warrant that:

  • The Services will meet your specific requirements.
  • The Services will be uninterrupted, timely, secure, or error-free.
  • The results obtained from the use of the Services will be accurate or reliable.

11. Limitation of Liability

In no event shall Home Mobility Experts, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising from:

  • Your use or inability to use the Services.
  • Any unauthorized access to or use of our servers and/or any personal information stored therein.
  • Any interruption or cessation of transmission to or from the Services.

12. Indemnification

You agree to indemnify, defend, and hold harmless Home Mobility Experts and its affiliates from any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

  • Your use of and access to the Services.
  • Your violation of any of these Terms.
  • Your violation of any third-party right, including intellectual property or privacy rights.

13. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

15. Dispute Resolution

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time. Changes will be effective immediately upon posting to the Website. It is your responsibility to review these Terms periodically.

17. Miscellaneous

17.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in effect.

17.2 Entire Agreement

These Terms constitute the entire agreement between us regarding our Services and supersede any prior agreements.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18. Contact Information

If you have any questions about these Terms, please contact us:

  • Company Name: Home Mobility Experts
  • Address: 2222 West Grand River Ave, STE A, Okemos, MI 48864
  • Email: lorin@homemobilityexperts.com
  • Phone: (586)930-4991
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