PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND/OR PURCHASING FROM HOHM TECH. The terms and conditions herein apply to all orders by phone, email, trade show, fax, online, in person, etc., no matter if purchase for personal use or resale. Our terms and conditions presented here will automatically supersede without notice any terms on any Invoice/Purchase Order we receive or issue. It is user responsibility to check these Terms and Conditions for any changes, notated by revision date located on same page (top and/or bottom of page). All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law.
If you do not agree to these Terms and Conditions, please do not use this site or make any purchase of Hohm Tech product.
BEFORE PURCHASE YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:
I have read the WARNINGS listed in the product detail page(s) of Hohm Tech website (termed “site” here on); read and understand the caution/prohibitions on the product specification sheets. If specification sheet(s) is/are not available on website for any reason, a request for specification sheet(s) must be made by electronic mail (email). I clearly understand the risks and potential dangers of using lithium ion batteries. IF EVER A QUESTION EXISTS, CONTACT CUSTOMER SERVICE AT 1-800-916-1357.
I understand lithium ion batteries shall not be kept or stored loose in a pocket/purse with metal including coins and keys, or any other conductive objects. They must be stored and carried in their protective packaging or protective cell case. I understand that multi-cell devices require matching cells. I understand that any device with [a] cell(s) installed in it, is to never be put in a pocket or put on human body as any unknown variable can affect the integrity of cell resulting in severe-burn injury, fatality, and/or property damage. If I am a retailer/distributor or any entity which sells Hohm Tech product, I will share the battery safety information that is presented on product; product detail page(s). I understand and agree to thoroughly read and abide by the WARNINGS listed on cell, its packaging, on product detail page(s), and in BROCHURE HERE. I understand that Hohm Tech lithium ion batteries are designed to give and receive power in a controlled environment and used in an application or device equipped with a BMS (battery management system). Furthermore, a digital/analog or mechanical utility/system feature or function that intervenes in the event of: (1) a battery being short circuited; (2) cell installed improperly; (3) power input/output exceeds charge/discharge limitation(s) of any particular battery; is required to prevent battery failure that could cause cell to explode causing severe-burn injury, fatality, and property damage. I understand proper charging of, use of, handling of, discharging of, and maintenance of lithium ion batteries.
When purchasing products for resale purposes, I agree to forward all warnings to all customers for their reference and safety. I will make available the brochure issued by Hohm Tech, to the end user of the product. I will NOT sell or make available the products made available by or from Hohm Tech for use outside of purposes within the scope of capabilities.
I understand Hohm Tech does not provide any guarantee of suitability or fitness for any particular purpose and Hohm Tech does not provide a warranty unless indicated on product page(s); product packaging; or contents which are paired with product(s).
Furthermore, I shall INDEMNIFY and hold Hohm Tech, Hohm Tech subsidiaries, Hohm Tech parent companies, directors, officers, partners, contractors, employees, and agents HARMLESS from and against all claims, demands, damages, liabilities, losses and expenses, including reasonable attorney representation fees, arising from the use of products made available by or from Hohm Tech in a manner that violates these Terms and Conditions.
Hohm Tech will not be held liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether Hohm Tech has been advised of the possibility of such damage. Unless prohibited by law, in no event will Hohm Tech be held liable for any amount exceeding the price paid for the specific product(s) or service made available by or from Hohm Tech giving rise to the claim or cause of action.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Hohm Tech on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain the property of Hohm Tech, Inc. Such disclosure, submission or offer of any Comments shall constitute an assignment to Hohm Tech of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Hohm Tech will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Hohm Tech is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to share compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. Hohm Tech reserves the right to remove any user Comments from this Site, for any reason and at any time, at its sole discretion. This right imposes no affirmative obligation on Hohm Tech to remove any comment, and you shall retain sole responsibility for the content of any Comments submitted by you to this Site whether or not Hohm Tech chooses to exercise this right. You agree that Hohm Tech may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.
HOHM TECH’S COMMUNICATIONS TO YOU
Through your use of this Site you may be asked to provide Hohm Tech with your E-Mail address. If you choose to provide your E-Mail address, you expressly agree that Hohm Tech may send email promotions, sales, or any other communications Hohm Tech deems appropriate. You can opt-out at any time by:
- Follow the link at the bottom of our e-mail communications
- Send e-mail to: email@example.com and request to be removed from our list, or
- Calling us at: 1-800-916-1357
PRICING AND PRODUCT INFORMATION
Hohm Tech products are available online and at Partner Stores & Sites. Pricing may fluctuate from one location to another and between sites. All product descriptions and TERMS & CONDITIONS offerings are subject to change by Hohm Tech at any time without notice. Hohm Tech strives to provide correct pricing information. However, in the event that pricing errors occur on www.hohmtech.com; by direct communication on phone; in person; and/or by email; Hohm Tech reserves the right to cancel any order containing pricing inaccuracies, regardless of receipt of any order or shipping confirmation.
Hohm Tech offers merchandise to consumers through this Site, its Stores, and its catalog. Hohm Tech may from time to time, at its sole discretion, reject or limit quantities on orders placed by the same individual or account, orders placed by the same credit card, and/or orders placed using the same shipping or billing address. In addition, Hohm Tech reserves the right, in its sole discretion, to reject any sale or order or limit the quantity of any purchase, to a reseller.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site or in the Hohm Tech Catalog (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Hohm Tech, Inc. collectively, and its subsidiaries and/or affiliates. Unauthorized use of our protected properties is prohibited. You may not modify in any way any part of the Site or the information and data listed. No portion of these materials may be reprinted, copied or republished in any form without the prior written permission of Hohm Tech. You may, however, download and copy items such as store locations or product descriptions displayed for personal, non-commercial use only.
No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
HOHM TECH, HohmTech.com, Hohm Tech designs, and all other trademarks and logos used in this Site are trademarks of Hohm Tech, Inc. All other trademarks, product names and company names or logos cited in the Site are the property of the applicable Merchant or other third-party owner. The celebrities named or featured on HohmTech.com have not endorsed, recommended or approved the item(s) offered on site.
LINKS TO OTHER SITES
When you click on a product title or on an icon, colored text or logo for a particular store or merchant (a “Merchant”) which appears on a page of the Site, you are connected to that individual Merchant’s Web site (the “Merchant Site”) or an online ad for the Merchant (a “Merchant Ad”) if applicable. Each Merchant owns and operates its own Merchant Site. The accuracy of the information and content of each Merchant Ad, and on the Merchant Site, is the sole responsibility of the Merchant. Links to Merchant Sites and Merchant Ads do not constitute an endorsement by Hohm Tech of the Merchant Sites or Merchant Ads or the products or services listed. Hohm Tech is providing these links to you only as a convenience, and is not responsible for the content of the Merchant Sites or Merchant Ads.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TERMS & CONDITIONS MERCHANTABILITY FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT HOHM TECH SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
LIMITATION OF LIABILITY
HOHM TECH SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE, OR TO MAKE ANY PURCHASES IN HOHM TECH STORES OR IN THE HOHM TECH CATALOG. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT HOHM TECH HAS NOT MADE AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOHM TECH DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO HOHM TECH.COM OR ANY HOHM TECH STORE OR HOHM TECH CATALOG, AND HOHM TECH SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
CLASS ACTION WAIVER
YOU EXPRESSLY AGREE THAT IN ANY CLAIM OR DISPUTE YOU MAY BRING AGAINST HOHM TECH ARISING FROM THE USE OF THIS SITE, HOHM TECH STORES, OR THE HOHM TECH CATALOG, THAT YOU SHALL NOT JOIN YOUR SUIT WITH ANY OTHER USER OF THIS SITE OR CUSTOMER OF HOHM TECH. YOU SHALL HAVE NO RIGHT TO HAVE ANY CLAIM OR DISPUTE LITIGATED ON A CLASS ACTION BASIS AND YOU SHALL ONLY BRING SUCH CLAIM OR DISPUTE IN YOUR INDIVIDUAL CAPACITY.
This Site is displayed solely for the purpose of promoting Hohm Tech’s products and services available in the United States. This Site is controlled and operated by Hohm Tech through its offices in Los Angeles County, California. This Site, its terms, advertisements and offerings including all purchases made through this Site or in any Hohm Tech Store or Hohm Tech Catalog, shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. All claims and disputes shall be submitted to binding arbitration in the State of California, and shall be conducted in accordance with the rules of the American Arbitration Association in effect at the time the claim or dispute is submitted.
Updated: February 2020