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Effective: February 25, 2019 ~ present
BINDING EFFECT. This is a binding agreement between you ("your", ”user”, ”customer”, or "Buyer") and ’Hamoplus’ (”us”,” we”,” H+”, ”Company”, ”Seller”). By using the Internet site located at https://www.waferhotplates.com (the ”Site”), you agree to abide by these Terms of Use. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of it.
PRIVACY POLICY. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into this Agreement by this reference.
GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of California and the United States, without reference to rules regarding conflicts of law. This Site is intended for use by individuals based in the United States of America.
MINIMUM AGE. You must be at least 18 years old to access and participate on this site. You guarantee and warrant you are at least 18 years old and are able to enter into this Agreement from a legal perspective.
EMAIL COMMUNICATIONS. When you contact us, you expressly consent and agree to receive email responses from us. These email communications may be commercial or non-commercial in nature. Non-commercial emails may include, but are not limited to, administrative issues and announcements of changes to these Terms, the Privacy Policy or other site documentation.
ORDERING AND PAYMENTS. All payments processed will be made in U.S. Dollars. Buyer should pay through the on-line processing only. After all payment are processed clearly, Seller will arrange shipping the product. Buyer can cancel the order through the web page of “Contact Us”, within 1 hour after submitting the order or Noon by Pacific Time (PCT), whichever is the earliest. After cancelling the order, seller will send its confirmation to buyer's email address. Otherwise, Seller will ship the products as ordered. Seller reserve all rights to refuse or limit selling our products and limit access to the site.
SHIPPING AND DELIVERY. The Products will be shipped to the destination specified by Buyer, F.O.B. Seller’s shipping point. Seller will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond Seller’s reasonable control. In the event of a delay due to any cause beyond Seller’s reasonable control, Seller reserves the right to terminate the order or to reschedule the shipment within a reasonable period of time, and Buyer will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result of such delay. Although Seller has attempted to ensure that the inventory availability of Products is properly designated on the Web site, Buyer acknowledges that from time-to-time even those Products designated as in inventory will not be available at time of shipment. If an Order cannot be shipped in its entirety by the close of business the day following placement of the Order, Seller will promptly notify Buyer, and provide an estimated shipment date for those items, which are unavailable. Buyer hereby acknowledges and agrees that Seller choose the delivery service providers and arrange shipping and delivery of all products placed in the site. Seller and its suppliers cannot ship to post office boxes. Delivery is available only within USA mainland. Upon issuance of an Order by Buyer for Products on the Web site, Seller shall generate a tracking number and notify the Buyer with the carrier’s information by email.
TITLE AND RISK OF LOSS. Notwithstanding the trade terms indicated above and subject to Seller's right to stop delivery of Products in transit, title to and risk of loss of the Products will pass to Buyer upon delivery of possession of the Products by Seller to the carrier; provided, however, that title to any software incorporated within or forming a part of the Products shall at all times remain with Seller or the licensor(s) thereof, as the case may be.
WARRANTY. Seller provides a limited warranty for its products only to the person or entity that originally purchased the product from the seller. Proof of original purchase will be required to obtain service under the warranty. This warranty shall not be extended to any other person or transferee. Warranty period is 30 days after Buyer’s first receiving the products, based on the delivery tracking records. All labor and materials are covered in the warranty period. Seller will not compensate Buyer for lost income due to their inability to use their Products. Buyer should go to the page of “Contact Us” in the site and send a message with your email address, Serial Number (SN), detail explanation on the problems in order to request RMA (Return Material Authorization), before returning any products to Seller with any reasons. Seller will not accept any return without RMA, and return it to Buyer, freight collect. Seller will send RMA number and the instruction by email, if the user profile and purchase record are clearly verified. Seller can reject the returning products if your email address and SN cannot confirm your purchase record. Buyer should print and keep RMA-number label in the returning box. Buyer should arrange shipping the product back to Seller with Buyer's prepaid delivery cost. If buyer does not deliver the return products to the seller within 15 days of the RMA-issue date, the case will be avoid. After receiving the returned products, Seller shall performs full inspection and determine that any defects exist and have not been caused by misuse, neglect, improper installation, repair, alteration or accident, operating above rated temperature, or exposure to caustic materials not intended to be used with the equipment ordered. Seller decide repairing, tuning or adjustments, or replacement at its discretion. Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Consumables are expressly excluded from this warranty. Seller arranges shipping repaired or replacement products back to the buyer at its cost. In case repairing the products is not possible with any reasons, Seller can arrange the refund to the original payment account, with the notification to Buyer. Seller will not grant credit for: (i) Products which have been discontinued; (ii) Products which are personalized or customized; (iii) Products not purchased from Seller; (iv) Products that have been shipped outside the United States. Warranty does not apply in cases of, i) the warranty period is expired, or ii) the serial number label is missing or unrecognizable, or iii) the defect was subject to abuse, improper use not conforming to product manual instructions, or (iv) the defects were caused external to the Products such as, but not limited to, power failures, brownouts, or sags (damage due to low voltage disturbances), improper storage and handling of the Products, use of the Products in combination with equipment or software not supplied by Seller, (v) the defects from the ordinary maintenance or natural worn-out, (vi) alterations, repairs or installations that have not been performed by Seller or its authorized representative or (vii) failure to maintain Products in accordance with Seller’s written instructions, viii) accident, disaster, or event of force majeure. Force majeure events includes, not limited, flood, lighting, earthquake, fires, war, vandalism, theft, strikes, or other labor disturbances, riots, embargoes, delays of carriers, failure of power, or of regular sources of supply, acts, injunctions, or restraints of government, or any other cause preventing such performance, beyond Seller's reasonable control. Seller reserves the right to modify any design of this product without prior notice. These warranties are in lieu of all other warranties, unless expressly modified in writing. Seller shall not be responsible for any consequential damage, bodily harm or otherwise, resulting from the failure of any part of its equipment. If the customer’s product is not covered under warranty, seller may offer Repair Services under the customer’s payment.
DISCLAIMER OF WARRANTY. IF THE H+ PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE, THE CUSTOMER'S SOLE REMEDY SHALL BE, AT H+'S OPTION, REPAIR OR REPLACEMENT. THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. H+ NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION MAINTENANCE OR USE OF H+'S PRODUCTS.
H+ SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT IN THE PRODUCT DOES NOT EXIST OR WAS CAUSED BY CUSTOMER'S OR ANY THIRD PERSON'S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO REPAIR OR MODIFY, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, OR OTHER HAZARD.
LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL H+, ITS SERVICE PROVIDER OR EITHER'S AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO), GOODWILL, INCONVENIENCE, DELAY, PROFITS, USE OF MONEY OR USE OF THE H+ PRODUCTS, INTERRUPTION IN USE.
H+'S AND THE SERVICE PROVIDER'S ENTIRE LIABILITY AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR CLAIMS RELATED TO OR ARISING OUT OF THESE TERMS AND CONDITIONS FOR ANY CAUSE AND DESPITE THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, STATUTORY OR OTHERWISE, INCLUDING NEGLIGENCE AND STRICT LIABILITY, WILL NOT EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF CUSTOMER HAS ADVISED H+ OR ITS SERVICE PROVIDER OF THE POSSIBILITY OF ANY SUCH DAMAGES.
USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively,” Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
USER CONTENT. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (”User Content”) to the site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a permanent, non-exclusive license to use User Content in connection with the operation of the Internet businesses of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the site, you agree to respect the intellectual property rights of others. Your use of the site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively,” Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you. All Digital Millennium Copyright Act matters are processed pursuant to our DMCA Policy and Copyright Notice.
INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; or (d) provides medical advice to other users. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the site, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
AFFILIATED SITES. We have no control over and no liability for any third-party websites or materials. We work with a number of partners whose Internet sites may be linked with the Site. Because we have no control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.
PROHIBITED USES. We impose certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, ”flooding,” ”spamming,” ”mail bombing,” ”crashing” or instituting a ”DDOS” attack on the Site; (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
INDEMNITY. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
UNITED STATES USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California and the United States.
FORCE MAJEURE. The performance of Seller of any covenant or obligation on its part to be performed under any agreement with Buyer shall be excused by floods, strikes, or other labor disturbances, riots, fires, accidents, wars, embargoes, delays of carriers, failure of power, or of regular sources of supply, acts, injunctions, or restraints of government, or any other cause preventing such performance, beyond Seller's reasonable control.
AMENDMENTS. Company reserves the right to amend these Terms at anytime without notice. As posting the updated policy, it is immediately effective. Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement. All amendments to the Terms shall be forward looking.