Terms Of Use

Terms Of Use

HUMI-SMART and its associates provide their services to you subject to the following terms and conditions. If you visit or shop within this website, you accept these terms and conditions. Please read them carefully.

Shipping Policy

Our standard shipping carrier is UPS or USPS for ground and express shipping.  We also offer freight shipments if needed.  Our hours of operation are Monday through Friday 8:00am to 5:00pm CST.  Any orders received on Saturday or Sunday will be shipped on the following Monday.  Orders placed Monday through Friday typically ship the same business day if the order is placed by 12:00pm CST.  If you need guaranteed shipping times please contact us during business hours prior to placing your order.

 Warranty Policy

HUMI-SMART offers a 30 day warranty on most items. 

The original warranty period begins on the purchase date of the product.  If HUMI-SMART is unable to replace the product purchased within the warranty period, we will refund the original sales price of the product, including any sales tax and shipping charges.  We reserve the right to test any defective products prior to providing any refunds.  If the product that is returned to HUMI-SMART tests good, the returned product may be subject to a restocking fee of up to 35%.  HUMI-SMART reserves the right to determine if we will replace or refund the defective product.  All defective items must be returned to HUMI-SMART within thirty (30) business days of receipt of the product.

HUMI-SMART limited warranties are void if a product is returned with removed, damaged or tampered labels or any alterations (including removal of any component or external cover).  HUMI-SMART is not responsible for any data loss or damage to other equipment under any of our warranties.  Any consequential damages, incidental damages, or costs related to data recovery, removal and installation are not recoverable under our warranties.

PRIVACY

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

PURCHASE TRANSACTION TERMS

All purchase transactions are in USD.

HUMI-SMART has the right to cancel any purchase transaction before shipment of items or within 48 hours of receipt of shipment.

For any purchase transaction that requires scheduled shipments over a period of time, HUMI-SMART has the right to cancel any such portion of the purchase transaction before each shipment.  HUMI-SMART will notify customer of such cancellation and refund prior to shipment of items.

Customer hereby represents and warrants that (a) it is authorized to sell the goods and/or perform the services set out in the Purchase Transaction; (b) all goods provided are of genuine and authentic manufacture, (c) all goods delivered to our facilities as part of this purchase transaction, whether purchased previously or not, will be considered included in the purchase price of the purchase transaction and those goods do not and will not infringe any patent, copyright, trademark, trade secret or other proprietary right of any third party.

It is your responsibility to inspect what is included in the shipment of products for this purchase transaction prior to shipping.  The price paid for this purchase transaction includes all products, parts, components or accessories delivered with the shipment relating to this purchase transaction.  This includes any products, parts, components or accessories that are not specifically identified on the purchase transaction.

ELECTRONIC COMMUNICATIONS

When you visit HUMI-SMART or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we will provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of HUMI-SMART or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of HUMI-SMART, with copyright authorship for this compilation by Tsunami PC Productions, and protected by U.S. and international copyright laws. The software application provider and author for “osCommerce”, is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit for osCommerce remains the intellectual rights of www.oscommerce.com.

TRADEMARKS

HUMI-SMART Trademarks and trade dress may not be used in connection with any product or service that is not HUMI-SMART, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HUMI-SMART. All other trademarks not owned by HUMI-SMART or it subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HUMI-SMART or its subsidiaries.

LICENSE AND SITE ACCESS

HUMI-SMART grants you a limited license to access and make personal use of this site; provided, however, you do not have the right to download (other than page caching), or modify this site, or any portion thereof, without the express written consent of HUMI-SMART. This license does not include the right to (i) resell or commercially use this site or its contents; (ii) collect and use any product listings, descriptions, or prices; (iii) derivatively use this site or its content; (iv) download or copy account information for the benefit of any third party; or (v) use data mining, robots, or similar data gathering and extraction tools with respect to any information contained in this site. This site, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of HUMI-SMART. You shall not frame or utilize framing techniques to enclose any trademark, logo, or other Proprietary information (including images, text, page layout, or form) of HUMI-SMART and its associates without the express written consent of HUMI-SMART. You may not use any meta tags or any other “hidden text” utilizing names or trademarks without the express written consent of HUMI-SMART. Any unauthorized use terminates the permission or license granted by HUMI-SMART. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of HUMI-SMART so long as the link does not portray HUMI-SMART, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HUMI-SMART logo or other proprietary graphic trademark as part of the link without the express written consent of HUMI-SMART.

YOUR MEMBERSHP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. HUMI-SMART and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. HUMI-SMART reserves the right (but not the obligation) to remove or edit such conten but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant HUMI-SMART and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HUMI-SMART and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify HUMI-SMART or its associates for all claims resulting from content you supply. HUMI-SMART has the right but not the obligation to monitor and edit or remove any activity or content. HUMI-SMART takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

You bear the risk of damage and loss during transit for all items purchased by you from HUMI-SMART. In other words, HUMI-SMART responsibility for damage and risk of loss for products purchased by you ends when the product is delivered to the common carrier. HUMI-SMART recommends that you insure all products against loss or damage while in transit.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY FOR PRODUCTS

 LIMITED WARRANTY

HUMI-SMART warrants that the products purchased by you will be free from defect in materials and workmanship on the delivery date to you. In the event of a product defect, HUMI-SMART agrees to replace the product, if possible, or the sale price of the product will be refunded or credited to you; provided, that the defective product is returned to HUMI-SMART within ten (10) business days of receipt of the product by you.

HUMI-SMART does not guarantee that the products you purchased are compatible with any hardware and/or software. If you have any questions regarding the compatibility of any product you are ordering, please contact HUMI-SMART at 1-866-546-8895, before purchasing the product.

THE WARRANTIES SET FORTH HEREIN IS IN LIEU OF ALL OTHER GUARANTEES AND/OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THIS WARRANTY SHALL NOT BE EXTENDED OR ALTERED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY HUMI-SMART.

APPLICABLE LAW

By visiting HUMI-SMART site, you agree that the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern these Terms and Conditions, your use of this site, your purchase of product from HUMI-SMART and any other dispute that may arise between you and HUMI-SMART.

DISPUTES

Any dispute relating in any way to your visit to HUMI-SMART or to products you purchase through HUMI-SMART shall be submitted to arbitration in Minnesota, except that, to the extent you have in any manner violated or threatened to violate HUMI-SMART’ intellectual property rights, HUMI-SMART may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to HUMI-SMART. HUMI-SMART reserves the right to make changes to this site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

PRICING DISCLAIMER

All pricing is subject to change. HUMI-SMART reserves the right to make adjustments to pricing and products for any reason including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, HUMI-SMART cannot guarantee that it will be able to fulfill all customer orders.