Home Tech Innovation, Inc., (together with its affiliates, “HTI”) takes your privacy very seriously and is committed to safeguarding your privacy pursuant to this policy. The policy is designed to inform you about HTI’s practices regarding the collection, use, and disclosure of any personal information on Suvie.com and its sub-domains and related sites (the “Site”).
When you use the Site, you may choose to send certain information to HTI such as your name, email address, and telephone number. In addition, products and services made available by HTI may provide to HTI information regarding the systems on which they are installed.
HTI may also collect other technical information regarding the computer hardware and software that you use to access the Site. This information may include without limitation your IP address and domain name, referring site addresses, user agent strings, browser and operating system types, and access logs including pages visited and times of access.
COOKIES AND IP ADDRESSES
An “IP Address” is a series of numbers assigned to your computer when you are connected to the Internet. The communication protocols upon which the Internet operates cause HTI to receive your IP Address every time you access and use the Site. HTI may retain log files containing your IP Address.
USE OF INFORMATION
HTI may use information collected through your use of its products and services to develop and test its products and services.
HTI may use your information aggregated with that of other Users. In these cases, any personal identifying information will be stripped and the aggregate data will be completely anonymous. This aggregate data shows overall trends in the use of the Site, and may be used by HTI or third parties to improve the Site or for marketing, research or other business purposes.
DISCLOSURE OF INFORMATION TO UNAFFILIATED THIRD PARTIES
Please note that HTI may share customer information across its affiliated business entities and companies working on HTI’s behalf, but only as described above in “Use of Information.”
HTI may share your personal information with third parties in connection with responding to your requests for products or services. HTI may enter into agreements with third party service providers and suppliers to deliver complete products, services and customer solutions to its customers. Service providers and suppliers are generally required to keep confidential the information they receive on behalf of HTI and generally may not use it for any purpose other than to carry out the services they are performing for HTI. These service providers and suppliers may change, or HTI may enter into agreements with additional service providers and suppliers, to better accommodate HTI customers.
HTI, and its affiliates and related companies, may disclose personal, technical or other information when required by law to do so or as set forth below. These circumstances may include criminal or civil subpoenas, court orders or requests by law enforcement personnel. HTI, and its affiliates and related companies, will only disclose information when it has a good faith belief that disclosure is necessary to comply with applicable laws and regulations, to prevent fraud or illegal activities from being conducted via the Site, to protect HTI property interests (including intellectual property), or to prevent imminent bodily harm. Disclosure may be made to law enforcement officers, government agencies, other companies, lawyers or agents.
Should HTI or any affiliates or related entities merge with or be acquired by another business entity, or should some or all of their respective assets (including their customer information) be acquired, HTI may share your personal information with those business entities in connection with the merger or acquisition.
CHILDREN UNDER AGE 13
The Site is not intended for use by children under 13 years of age, and HTI does not intentionally or knowingly collect personal information from anyone under 13. No one under the age of 13 is allowed to transmit personal information via the Site. If you are under 13, please do not attempt to transmit any personal information to HTI. Do not assist anyone under 13 to transmit any personal information to HTI. If HTI learns that it has received such information, it will remove and delete that information. If you believe that HTI may have received any personal information about a child under the age of 13, please contact HTI at the address at the end of this policy specifically identifying the information in question.
CHILDREN BETWEEN THE AGES OF 13 AND 18
HTI recommends that anyone between the ages of 13 and 18 get permission from his or her parents or guardians before transmitting any personal information to or through the Site.
HTI takes appropriate measures to ensure the security of your information. However, HTI cannot guarantee that third parties will not overcome any security measures and gain access to your information for unauthorized purposes. By using the Site, you accept the risk that compromise of and unauthorized access to your information is possible. To the fullest extent permitted by law, HTI disclaims any warranty or guarantee that your information will be protected from misuse, appropriation, alteration or loss, and you accept the risk of any potential resulting liability.
LINKS TO OTHER SITES
Terms and Conditions
These are the TERMS AND CONDITIONS (the “Terms”) that apply to all business by Home Tech Innovation, Inc. and its subsidiaries and divisions ("HTI") and you and supersedes all prior correspondence, negotiations, discussions, representations and offers. These Terms relate to HTI’s development, manufacture, and/or sale of certain products (each, a “Product”) and associated services (each, a “Service”) via HTI’s website (the “Site”). These Terms may be updated from time to time, and your continued use of the Service thereafter constitutes acceptance of such new Terms.
Pre-Orders and Orders
Prices and Payment Terms.
Delivery and Title
HTI will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You shall pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon HTI’s transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. HTI is not liable for any delays in shipments. All shipments will be made at your risk, and you shall be responsible for making all claims with carriers, insurers, warehousemen and others for misdelivery, nondelivery, loss, damage or delay.
Cancellations, Returns and Claims
You may not cancel your order except upon the written consent of HTI and upon terms that will fully indemnify HTI against loss.
Products shall not be returned to HTI without its prior written authorization. Inspection and acceptance of the Products shall be your responsibility. You are deemed to have accepted the Products unless written notice of rejection is received by HTI within ten (10) days after delivery of the Products. You waive any right to revoke acceptance thereafter. You shall report any discrepancy in shipment quantity or damage within ten (10) days after delivery. No return of Products shall be accepted by HTI without a Return Material Authorization ("RMA") Number, which may be issued by HTI in its sole discretion. Returned Products must be in original manufacturer's shipping cartons complete with all packing materials. All Products for return shall be returned freight prepaid in the manner specified in the RMA. If returned Products are claimed to be defective, a complete description of the nature of the defect must be included with the returned Products. Products not eligible for return shall be returned to you, freight collect.
HTI's sole responsibility with respect to such claims shall be, at its option, to credit or replace any product or component, which HTI determines to be defective.
Limitation of Liability and Disclaimer of Warranties. IN NO EVENT SHALL HTI OR ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES DUE TO ANY CAUSE WHATSOEVER, INCLUDING ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR THE PRODUCTS, EVEN IF HTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST HTI FOR MORE THAN ONE YEAR AFTER THE RELATED CAUSE OF ACTION HAS OCCURRED. THE FOREGOING CONSTITUTES HTI'S SOLE LIABILITY AND YOUR SOLE REMEDY WITH RESPECT TO YOUR USE OF THIS WEBSITE AND PRODUCTS SOLD BY HTI.
THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER BASED ON CONTRACT, TORT, (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE AND INTENTIONAL TORTS THEORIES) OR OTHER LEGAL OR EQUITABLE CAUSES OF ACTION OR PRINCIPLES. THIS LIMITATION APPLIES EVEN IF HTI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW IN SOME STATES MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HTI AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THIS WEBSITE AND ALL INFORMATION AND CONTENT ON IT ARE PROVIDED ONLY ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, HTI DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE GENERALITY OF THE ABOVE DISCLAIMERS, HTI DOES NOT REPRESENT OR WARRANT (1) THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, OR (2) THAT ANY PRODUCT DESCRIPTION IS ACCURATE OR COMPLETE. EXCEPT AS THUS PROVIDED, HTI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME STATES DO NOT ALLOW THE DISCLAIMER OF WARRANTY PROVISIONS OF THIS SECTION, SO THE ABOVE DISCLAIMER OF WARRANTY MAY NOT APPLY TO YOU.
HTI shall not be liable for failure to fulfill its obligations herein or for delays in delivery due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, riots, war, acts of terrorism, delays in transportation or inability to obtain labor or materials through its regular sources. HTI's time for performance of any such obligation shall be extended for the time period of such delay or HTI may, at its option, cancel any order or remaining part thereof without liability by giving notice of such cancellation to you.
All products are subject to HTI's standard tolerances for specifications, except where specific tolerances are agreed to in writing at the time of order. HTI reserves the right to make substitutions and modifications in the specifications of any products provided that such substitutions or modifications do not materially affect the performance of the products or the purposes for which they can be used, or modify any custom specifications agreed to in writing at the time of order.
Intellectual Property Use and Ownership. You acknowledge and agree that:
All uses on this Site of the terms "sell," "sale," "resell," "resale," "purchase," "price" and the like mean the purchase or sale of a license. Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement made available to you through a link accompanying the display or description of that specific product or service.
You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services.
You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.
HTI and its licensors are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
License Grant. Subject to these Terms, HTI grants you a limited, non-exclusive, non-transferable, term-limited, non-sublicensable, revocable license to use any software that is pre-installed on, embedded in or incorporated into a Product solely in connection with your use of the Services.
Third-Party Content. The Products and/or the Services may contain links to content from third parties which are not maintained by, or related to, HTI. Links to such websites are provided as a service to you and are not sponsored by or affiliated with HTI. HTI has not reviewed such websites and is not responsible for the content of those websites. Links are to be accessed at your own risk, and other than as set forth herein, HTI makes no representations or warranties about the content, completeness or accuracy of these links or the websites linked to the Products and/or the Services. HTI provides links as a convenience, and the inclusion of any link to a third-party website does not imply endorsement by HTI of that website or any association with its operators.
Intellectual Property Claims
HTI assumes no obligation or liability of any kind with respect to infringements or alleged infringements of United States or foreign patents, copyrights, trademarks or other proprietary rights arising out of a purchaser's purchase, use, possession, sale or delivery of any products sold hereunder. You shall indemnify and hold HTI harmless from any and all claims, liabilities, damages or expenses resulting from infringements or alleged infringements of United States or foreign patents, copyrights, trademarks or other proprietary rights arising from compliance by HTI with any designs or specifications provided by you. No sale of any product shall be construed as granting you any license or other right in or to any patent, copyright, trademark or other proprietary right applicable to the product.
Use of Products in Life Support, Nuclear and Certain Other Applications
Products sold by HTI are not designed, intended or authorized for use in life support, life sustaining, nuclear, or other applications in which the failure of such Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. If you use or sell the Products for use in any such applications: (1) you acknowledge that such use or sale is at your sole risk; (2) you agree that HTI and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) you agrees to indemnify, defend and hold HTI and the manufacturer of the Products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.
Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.
These Terms shall be governed by the laws of the Commonwealth of Massachusetts. The headings herein are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. In case any provision herein shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. A waiver by HTI of any of the terms and conditions of these Terms shall not be deemed to be a continuing waiver but shall apply solely to the instance of the waiver.
You shall not delegate any duties nor assign any rights or claims under these Terms without HTI's prior written consent, and any such attempt at delegation or assignment shall be void.
Compliance with Laws
You shall carry out the transactions contemplated by this sale and shall otherwise deal with the products sold in conformity with all applicable laws, rules, and regulations of all governmental authorities, including, without limitation, the Foreign Corrupt Practices Act, the Export Administration Act, and shall obtain all permits and licenses required in connection with the purchase, installation, sale, shipment or use of any of the products.
Dispute Resolution and Binding Arbitration.
YOU AND HTI ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR HTI WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.