Terms of Service
OVERVIEW
This website is operated by TOJOMO Inc. trading as Home And Yard Online.
Throughout the site, the terms “we”, “us” and “our” refer to
both TOJOMO Inc. and Home And Yard Online.
Home And Yard Online offers this website, including all information, tools and
services available from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in
our “Service” and agree to be bound by the following terms and
conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by
hyperlink.
These Terms of Service apply to all users of the site, including without
limitation users who are browsers, vendors, customers, merchants, and/
or contributors of content.
Please read these Terms of Service carefully before accessing or using
our website. By accessing or using any part of the site, you agree to be
bound by these Terms of Service.
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.
If these Terms of Service are considered an offer, acceptance is
expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also
be subject to the Terms of Service.
You can review the most current version of the Terms of Service at any
time on this page. We reserve the right to update, change or replace any
part of these Terms of Service by posting updates and/or changes to our
website.
It is your responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any
changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with an online e-
commerce platform that allows us to sell our products and services to
you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of residence, or that
you are the age of majority in your state or province of residence and
you have given us your consent to allow any of your minor dependents
to use this site.
You may not use our products for any illegal or unauthorized purpose
nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive
nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any
time.
You understand 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
We are not responsible if information made available on this site is not
accurate, complete or current.
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 more
timely 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
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or
any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification,
price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through
the website. These products or services may have limited quantities and
are subject to return or exchange only according to 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.
We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services
that we offer. All descriptions of products or product pricing are subject
to change at anytime without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for
any product or service made on this site is void where prohibited.
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
We reserve the right to refuse any order you place with us. We may, in
our sole discretion, limit or cancel quantities purchased per person, per
household or per order.
These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the
same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may
attempt to notify you by contacting the e‑mail and/or billing
address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and
account information for all purchases made at our store.
You agree to promptly update your account and other information,
including your email address and credit card numbers and expiration
dates, so that we can complete your transactions and contact you as
needed.
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.
You acknowledge and agree that we provide access to such tools ”as is”
and “as available” 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).
We may also, in the future, offer new services and/or features through
the website (including, the release of new tools and resources). Such
new features and/or services shall also be subject to these Terms of
Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may
include materials from third-parties.
Third-party links on this site may direct you to third-party websites that
are not affiliated with us. 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'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, at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you agree
that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments
that you forward to us.
We are and shall be under no obligation
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that
we determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable
or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-
party, including copyright, trademark, privacy, personality or other
personal or proprietary right.
You further agree that your comments will not contain libelous or
otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the
operation of the Service or any related website.
You may not use a false e‑mail address, pretend to be someone other
than yourself, or otherwise mislead us or third-parties as to the origin of
any comments.
You are solely responsible for any comments you make and their
accuracy. We take no responsibility and assume no liability for any
comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed
by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate
to product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions,
and to change or update information or cancel orders if any information
in the Service or on any related website is inaccurate at any time without
prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in
the Service or on any related website, including without limitation,
pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any
related website, should be taken to indicate that all information in the
Service or on any related website has been modified or updated.
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
We do not guarantee, represent or warrant that your use of our service
will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of
the service will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without
notice to you.
You expressly agree that your use of, or inability to use, the service is at
your sole risk.
The service and all products and services delivered to you through the
service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness
for a particular purpose, durability, title, and non-infringement.
In no case shall Home And Yard Online, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers or
licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise, arising
from your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or
omissions in any content, or any loss or damage of any kind incurred as
a result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised
of their possibility.
Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such
states or jurisdictions, our liability shall be limited to the maximum extent
permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Home And Yard Online and
our parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless 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 15 - 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 applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms
of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective unless and until terminated by
either you or us. You may terminate these Terms of Service at any time
by notifying us that you no longer wish to use our Services, or when you
cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we also
may terminate this agreement at any time without notice and you will
remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services (or
any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us
on this site or in respect to The Service constitutes the entire agreement
and understanding between you and us and govern your use of the
Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of these Terms of Service shall not
be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we
provide you Services shall be governed by and construed in accordance
with the laws of the USA.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any
time at this page.
We reserve the right, at our sole discretion, to update, change or replace
any part of these Terms of Service by posting updates and changes to
our website. It is your responsibility to check our website periodically for
changes.
Your continued use of or access to our website or the Service following
the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@HomeAndYardOnline.com.