Terms and Conditions for HMS Warehousing Corp

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Howard, Melvin & Stephen

HMS Warehousing  Corporation

400 S Dixie Highway  Hollywood, FL 33020

(954) 921-1305 Order Desk          (954) 920-0399 24-Hour Fax

"The Most Complete PBE Warehouse In The South"

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Terms and Conditions for HMS Warehousing Corporation: 

Welcome to www.hmswarehouse.com.

www.hmswarehouse.com and its affiliates provide their services to you subject to the following Terms of Use. Please read them carefully.

ONLINE CONDUCT

You agree to use the www.hmswarehouse.com site only for lawful purposes. Any user is prohibited from posting on or transmitting through the www.hmswarehouse.com site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

ELECTRONIC COMMUNICATIONS

When you visit www.hmswarehouse.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we 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, data compilations, and software are the property of www.hmswarehouse.com 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 www.hmswarehouse.com or its content suppliers and protected by United States and international copyright laws. All software used on this site is the property of www.hmswarehouse.com or its software suppliers and is protected by United States and international copyright laws.

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LICENSE AND SITE ACCESS

www.hmswarehouse.com grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent of www.hmswarehouse.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of www.hmswarehouse.com. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of www.hmswarehouse.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing www.hmswarehouse.com’s name or trademarks without the express written consent of www.hmswarehouse.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.hmswarehouse.com so long as the link does not portray www.hmswarehouse.com, its affiliates, or their products or service in a false, misleading, derogatory, or otherwise offensive matter. You may not use any www.hmswarehouse.com logo or other proprietary graphic or trademark as part of the link without express written permission.

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CONTENT

If you use this site, you are acknowledging that the www.hmswarehouse.com site contains content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. No content herewith may be modified, removed, deleted, augmented, added to, published, or transmitted. The User also agrees not to participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part. If no specific restrictions are displayed, copies may be made of select portions of the content, provided that the copies are made only for User’s personal use.

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YOUR 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. www.hmswarehouse.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

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RISK OF LOSS

All items purchased from www.hmswarehouse.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

www.hmswarehouse.com and its affiliates attempt to be as accurate as possible. However, www.hmswarehouse.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by www.hmswarehouse.com itself is not as described, your sole remedy is to return it in unused condition for a refund of the purchase price.

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PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. Despite our best efforts, a small number of items in our catalog may be mispriced.

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OTHER BUSINESSES

www.hmswarehouse.com may provide links to sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. www.hmswarehouse.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other Terms of Use.

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APPLICABLE LAW

By visiting www.hmswarehouse.com, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and www.hmswarehouse.com or its affiliates.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Terms of Use 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.

OUR ADDRESS

HMS Warehousing Corporation

400 S Dixie Highway   Hollywood, FL 33020

www.hmswarehouse.com

info@hmswarehouse.com

CUSTOMER SECURITY & PRIVACY

www.hmswarehouse.com is concerned about the safety and security of our customers. Accordingly, we have put a number of technological protections in place to ensure that our transaction process is extremely safe and that our customers’ information is secure.

When we collect and maintain personal information from you offline, a Privacy Act notice will be provided. The following is your Privacy Act notice for personal information collected online:

Privacy Act notice: Your information will be used to provide you requested products, services, or information. Collection is authorized by 39 USC 401, 403, & 404. Providing the information is voluntary, but if not provided, we may not process your transaction. We do not disclose your information to third parties without your consent, except to facilitate the transaction, to act on your behalf or request, or as legally required.
 

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TERMINATION OF USAGE

www.hmswarehouse.com may issue a warning, temporarily suspend, indefinitely suspend or terminate any account and right to use or access all or any part of the www.hmswarehouse.com site without notice, for any reason in www.hmswarehouse.com’s sole discretion, including without limitation www.hmswarehouse.com’s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to www.hmswarehouse.com or other User.

INDEMNITY

Any User of www.hmswarehouse.com agrees to indemnify and hold each www.hmswarehouse.com provider harmless from any claim or demand, including reasonable attorneys’ fees arising out of such User’s breach of the Terms of Use or User’s violation of any law.

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ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between the User and www.hmswarehouse.com regarding the User’s relationship with www.hmswarehouse.com and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. By visiting any area of the www.hmswarehouse.com site or making a purchase via the www.hmswarehouse.com site, any User is deemed to have accepted the Terms of Use.

WARRANTY

The buyer's sole and exclusive warranty, if any, is that provided by the product's manufacturer. www.hmswarehouse.com makes no expressed or implied warranties. www.hmswarehouse.com hereby disclaims all expressed or implied warranties, whether implied by operation of law or otherwise, including, without limitation, all implied warranties of merchantability and fitness or fitness for a particular purpose. Under no circumstances, and in no event, will www.hmswarehouse.com be liable for personal injury or property damage or any other loss, damage, cost of repairs or incidental, punitive, special, consequential, or liquidated damages of any kind, whether based upon warranty, contract, strict liability, negligence or any other cause of action arising in connection with the design, manufacture, sale, transportation, installation, use or repair of the products sold by www.hmswarehouse.com . Buyer hereby acknowledges and agrees that under no circumstances, and in no event, shall www.hmswarehouse.com ’s liability, if any, exceed the net sales price of the defective product(s); no additional allowance shall be made for the labor or expense of repairing or replacing defective products or workmanship or damage resulting from the same. Except as expressly set forth in this paragraph, all products and/or services provided by www.hmswarehouse.com and its employees and agents are provided "as is," "where is," and "with all faults."

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INDEMNIFICATION

The Buyer shall at its own expense apply for and obtain any permits and inspections required for the installation and/or use of the products. www.hmswarehouse.com makes no promise or representation that the products or services will conform to any federal, state or local laws ordinances, regulations, codes or standards, except as particularly specified and agreed upon in writing by an authorized representative of www.hmswarehouse.com. www.hmswarehouse.com's products are not for use in or with any nuclear facility unless specifically so stated by www.hmswarehouse.com in writing.

www.hmswarehouse.com shall not be responsible for any losses or damages sustained by the Buyer or any other person as a result of improper installation or misapplication of the products. Buyer shall defend, indemnify and hold harmless www.hmswarehouse.com and its agents and employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney's fees) arising out of or in connection with any injury, disease or death of persons (including, without limitation, Buyer's employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use, or repair of the products by Buyer or of the information, designs, services or other work supplied to Buyer, whether caused by the concurrent and/or contributory negligence of Buyer, www.hmswarehouse.com, or any of their agents, employees or suppliers. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this transaction.

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FORWARD-LOOKING STATEMENTS

Various statements contained on this website consist of forward-looking statements under the Private Securities Litigation Reform Act of 1995. When used in this website, the words "believe", "anticipate", "estimate", "expect", "may", "will", "should", "plan", "intend", and similar expressions are intended to identify forward-looking statements. These forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of www.hmswarehouse.com to be different from any future results, performance and achievements expressed or implied by these statements. These forward-looking statements are made only as of the date on which they were made. You are cautioned not to place undue reliance on these forward-looking statements. www.hmswarehouse.com disclaims any obligation to publicly update any forward-looking statements to reflect subsequent events or circumstances.

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MODIFICATION

www.hmswarehouse.com reserves the right to make changes to the www.hmswarehouse.com site, posted policies and terms of Use at any time without notice. These terms and conditions were last revised on August 22, 2009.

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09/27/2017  Contact Us