Effective Date:  May 20, 2020

OVERVIEW 
This website is operated by Homage Timecollection LLC.  These Terms of Service explain the terms for using the website, mobile applications, tools, and services (collectively, the “Services”) that we make available to you.    

By visiting our site, registering an account, downloading our mobile applications, making a purchase, or otherwise using the Services you agree to be bound by these Terms of Service and any additional terms, conditions, or policies (such as our Privacy Policy and Returns Policy) referenced or made available by hyperlink.   These Terms of Service apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.  

We reserve the right to modify these Terms of Service at any time by posting the revised Terms of Services to this page.  It is your responsibility to check this page periodically for the current Terms of Service. Your continued use of, or access to, the Services following the posting of any changes constitutes your acceptance of those changes. 

SECTION 1 - ONLINE STORE TERMS

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

These Services are intended solely for use by users who are the age of majority in their respective jurisdiction of residence.  You may only use these Services if you can legally enter into a binding contract with us.

Your access and use of these Services must comply with applicable local, state, national, and international law, including laws related to copyright, trademark, trade secrets, patent, and online privacy.

We may permanently or temporarily terminate or suspend your access to the Services without notice and without liability for any reason or no reason. If your access, use, or account to our Services is terminated or suspended due to your violation of these Terms of Service, you may not continue to access or use the Services and you agree that you will not attempt to re-register with or access the Services through the use of a different member name, false name, or an alias.

SECTION 2 - GENERAL CONDITIONS 
Subject to provisions of these Terms of Service, we grant you a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your personal use only as permitted by the features of the Services.

We reserve the right to refuse service to anyone for any reason at any time.

You agree 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. Credit card information is always encrypted during transfer over networks.

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 Terms. 

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION 
While we make our best attempt to deliver a quality user experience, we are not responsible if information made available on this site is inaccurate, incomplete, or untimely. 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 timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. 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. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 
Descriptions and prices for our products and Services are subject to change without notice prior to receiving payment for your purchase.  We are not liable to you or any third-party for changes in description or price prior to our receipt of payment for your purchase. 

SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website.

Certain products or services may be available in limited quantities.  We reserve the right to limit the quantity available by purchaser, household, geographic region, jurisdiction, or other characteristics. Additionally, we reserve the right to discontinue any product at any time.

All products and services are subject to return, exchange, or refund only in accordance with 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.

Occasionally information on our Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors or omissions, to modify information, and to cancel orders at any time without prior notice (including after you have submitted your order) due to an error, inaccuracy, or omission.

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.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 
You agree to provide current, complete, and accurate purchase and account information for all purchases made from us.  You agree to promptly update your account and other information, including your email address, shipping address, billing address, and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse to accept any order you place with us for any reason, including but not limited to the unavailability of the product or service, your violation of these Terms of Services, or the purchase being void under applicable law.  We reserve the right to limit or refuse orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

In the event that we change or cancel an order, we may attempt to notify you by contacting the e‑mail, billing address, or phone number provided at the time the order was made. For more detail, please review our Returns Policy. 

SECTION 7 - OPTIONAL TOOLS 
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  An example is the Virtual Try-On tool available on our Site which we make available to you from a third-party.  You acknowledge and agree that we provide access to such third-party tools ”as is” and “as available” and 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).

SECTION 8 - THIRD-PARTY LINKS 
Our Services may contain links to third-party websites, advertisers, information, materials, products, or services (collectively, “Third-Party Links”) that are not controlled or owned by us.  If you access a third-party link, you do so at your own risk.  You agree that these Terms of Service do not apply to any third-party links.

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 link'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. 

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS 
If you submit any User Content (as defined in our Privacy Policy), suggestions, proposals, contest entries, or comments (collectively, “Submissions”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use this information in any medium.  We are under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

By posting Submissions to our Services, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable and worldwide license to your Submissions.  This license allows us to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate, market and distribute the Submission in connection with our Services or the promotion of our Services in any media formats and through any media channels.  You retain any rights you may have in your Submission, including any intellectual property rights or other proprietary rights, subject to the license you granted to us.

SECTION 10 - PERSONAL INFORMATION 
Your submission of personal information through our Services is governed by our Privacy Policy.

SECTION 11 - ELECTRONIC COMMUNICATIONS.

By using our Services, you agree to receive electronic communications from us, including email, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE LINK IN THE PROMOTIONAL EMAIL ITSELF.  IF YOU WISH TO OPT OUT OF OUR TEXTS, YOU MAY TEXT “STOP” FROM THE MOBILE DEVICE RECEIVING THE TEXT MESSAGES.  YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SERVICES.  HOWEVER, YOU OPTING OUT OF RECEIVING TEXTS MAY LIMIT THE AVAILABILITY OF CERTAIN FEATURES OF THE SERVICES.


SECTION 12 - PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICES AND YOUR PURCHASE OF PRODUCTS IS AT YOUR SOLE RISK, AND THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ANY OF OUR PRODUCTS, SERVICES, OR USER CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE PRODUCTS OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PRODUCTS OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  

ANY CONTENT DOWNLOADED, ACCESSED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA OR CONTENT THAT RESULTS FROM SUCH DOWNLOAD, ACCESS, USE OF THE SERVICES.

SECTION 14 - LIMITATION OF LIABILITY

Limitation on Liability.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (e.g., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (e.g., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR USER CONTENT), OR ANY THEORY OF LIABILITY.

Limitation on Damages. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR THE SERVICE GIVING RISE TO THE CLAIM.

Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.  THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SECTION 15 - LEGAL ACTIONS

Limitation on Time to Bring Action.  YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, OUR PRODUCTS, OR OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Exclusive Venue.  We and You agree that all claims and disputes arising out of or relating to these Terms of Service will be litigated exclusively in the state or federal courts located in the State of New York.

SECTION 16 - INDEMNIFICATION 
You agree to indemnify, defend, and hold harmless Homage Timecollection LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand (including reasonable attorneys’ fees) made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party. 

SECTION 17 - SEVERABILITY 
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms of Service and shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 18 - TERMINATION 
We may terminate these Terms of Service or your ability to access or use any or all Services at any time for any reason, including but not limited to (a) if timely payment cannot be charged to your Payment Information for any reason, (b) if you have breached any provision of the Terms of Service, or (c) if we are required to do so by law.  

You may terminate this Agreement at any time by ceasing to use our Services and requesting we delete your user account (if you created a user account).

The obligations and liabilities of the parties incurred prior to the termination date or which, by their nature should survive the termination of these Terms of Service, shall survive the termination of these Terms of Service.

SECTION 19 - ENTIRE AGREEMENT 
These Terms of Service, together with any additional terms, conditions, or policies (such as our Privacy Policy) referenced or available by hyperlink, constitute the entire agreement related to our Services.  These Terms of Service supersede any prior written or oral agreements between you and us.

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

SECTION 20 - GOVERNING LAW 
These Terms of Service and any action related to them will be governed by and construed under the laws of the State of Texas without giving effect to any conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Services.

SECTION 21 - CONTACT INFORMATION 
Questions about the Terms of Service should be sent to us at info@homage.tc.