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Last Updated on September 23, 2019 Version 09.23.2019

Introduction

Throughout the site, the terms “we”, “us” and “our”, and "TR" refer to Horizon Marketing Group, LLC and its affiliated companies including but not limited to Test Rite Products Corp. Please review these terms and conditions, which govern your use of https://www.homezoneliving.com/ and any other related sites that we own, and any other site on which these terms and conditions appear (collectively, the "Site" or "Sites"). Your use of any of the Sites including all information, tools and services available from this Site constitutes your unconditional agreement to be bound by these terms and conditions and the Privacy Policy (collectively, the "Terms"). The Sites are provided by Horizon Marketing Group, LLC and its affiliated companies including but not limited to Test Rite Products Corp. (collectively "TR") as a service to its customers, unless specifically provided otherwise on a Site. The Terms inure to the benefit of TR and its parent, subsidiaries and affiliates.

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.

Your Use of the Site

Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child's use of the Site, including all financial charges and legal liability that such child may incur.

If we determine that a child under the age of 13 has provided personal information to the Site, we will delete that information as soon as practical. If you become aware that such information has been provided by a child under the age of 13, please contact us at support@homezoneliving.com so that we can delete that information.

Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such control protections is available on the websites  GetNetWise (https://www.getnetwise.org) and OnGuardOnline

You agree that you will not do any of the following (collectively, the “Code of Conduct”):

Information Posted on the Site

The information and materials on the Site (the “Materials”) are provided for your review in accordance with the Terms. However, the Materials do not necessarily reflect the opinions of TR’s or any of its affiliates, subsidiaries or agents.

TR endeavors to display and describe its products and services accurately on the Site. TR is also improving its products and services and may update the Materials displayed on the Site at any time and without notice.

TR cannot and does not guarantee the accuracy or completeness of the Materials displayed on the Site, including, without limitation, prices, product images, specifications, dimensions, availability and services. The Materials may contain technical inaccuracies and typographical errors. Products and services are the responsibility of the manufacturer and service provider, respectively and subject to the warranties offered by such manufacturer or service provider.

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.

Copyrights, Trademarks and Patents

All software and content on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by TR's or its software and content suppliers and licensors. Such software and content is protected by United States and international copyright laws.

The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of TR's and protected by applicable copyright laws.

TR grants you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on the Site is strictly prohibited. TR and its affiliates, subsidiaries, suppliers and licensors expressly reserve all intellectual property rights in all text, products, technology, content and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to TR's or any third party's intellectual property rights.

The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.

The names, trade names, logos, service marks, trademarks and trade dress (collectively, "Trademarks") on the Site maybe registered, protected by the U.S. trademark laws, or belonging to third party providers. Use of the Site in no way grants any license or right to use any Trademark displayed on the Site. Prior written approval from TR or applicable third parties are required for of any use of such Trademarks.

Links to Other Sites

The Site may contain links to other websites so that you can learn more about the products available on the Site and have access to other information. These links are provided to you only as a convenience and their presence on the Site does not imply endorsement by TR or its affiliates or subsidiaries of such website or of any association with such websites’ operators.

You agree that TR and its affiliates and subsidiaries are in no way responsible or liable for the availability or content of the websites to which the Site is linked. TR and its affiliates and subsidiaries make no representations whatsoever about any other website you may access through the Site.

Any concerns regarding products or services offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not the Site.

We strongly encourage you to become familiar with the terms of service and / or terms of use and practices of any linked website. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of items, such as viruses, worms, trojan horses, defects, time bombs, date bombs and other items of a harmful nature.

User-Generated Content

As part of your use of the Site, you may be able to provide comments, feedback, reviews, text and ideas; send messages to TR and other users of the Site; post media, such as photos and videos; and submit other forms of content (collectively, “Content”) to the Site. You agree that Content may be viewed by the general public and you do not and shall not consider such Content to be private, proprietary or confidential. You grant TR and its affiliates, licensees and sublicensees, and its authorized third party service providers without any compensation of any kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, publicly display and otherwise use in any way such Content in any format or media (“Content License”). You may not revoke Content for any reason at any time. You agree that any Content you submit may appear on sites other than the site through which you submitted your Content, e.g., Content submitted to TR may appear on other websites of an entity affiliated with TR and it may appear in other third party websites unrelated to TR. You waive, release and agree not to assert any and all moral rights that you may have in any Content submitted by you to the Site. You agree that TR may use submitted Content in any manner that TR deems appropriate or necessary in its sole discretion. TR and its affiliates reserve the right to edit, modify, abridge or otherwise change any Content you or others submit in their sole discretion.

You agree that you will not use a false or misleading email address, impersonate another person or entity, or otherwise mislead with respect to the origin of any Content you submit, including, without limitation, comments and feedback you submit to the Site. You agree that TR is not responsible for any Content that you submit to the Site.

By submitting any Content to the Site, you warrant and represent that you have the right to use such Content and have the right to permit TR and its affiliates, licensees and sublicensees to use such Content in accordance with the terms of the Content License. You agree not to submit any Content that is owned by someone other than you. You agree not to submit any Content that contains the name, image, likeness or voice of anyone other than yourself without first obtaining permission to submit such Content and to grant the Content License to TR.

If you identify yourself by name in Content you submit or submit Content that contains an image or audio or video recording of yourself, you authorize TR and its affiliates, licensees and sublicensees, without compensation of any kind to you or anyone else, to reproduce, print, publish, translate, modify, edit and disseminate, in any format or media now or hereafter created, your name and such images and recordings in any way TR deems appropriate, in its sole discretion, throughout the world. Such authorization is and shall be perpetual and cannot be revoked by you for any reason.

TR does not guarantee that Content you or others submit will be posted to the Site or become publicly available, and TR does not guarantee that Content posted to the Site will not be offensive, defamatory or otherwise objectionable. TR reserves the right to remove any Content from the Site without notice and in TR’s sole discretion; however, you acknowledge and agree that TR is under no obligation to you to police, monitor or remove Content and TR makes no guarantee with respect to the completeness, accuracy, integrity or quality of Content submitted to the Site.

Disclaimer of Warranties and Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET IN GENERAL. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TR, ALL OF TR’S AFFILIATES, SUBSIDIARY, PARENT OR RELATED COMPANIES, CALL CENTERS AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TR AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT BY TR, OR TR’S LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TR SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (1) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS ON WHICH THE SITE IS HOSTED AND / OR ON WHICH ANY OF YOUR PERSONAL INFORMATION AND / OR FINANCIAL INFORMATION STORED THEREIN; (2) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; AND / OR (3) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A HARMFUL NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY. TR DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED SITE.

YOU AGREE THAT TR AND ITS AFFILIATES, PARENTS AND SUBSIDIARIES WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM THE LOSS OF USE, DATA, PROFITS OR BUSINESS INTERRUPTION ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE. THIS ALSO INCLUDES DELAYS IN BEING ABLE TO USE THE SITE, THE INABILITY TO USE THE SITE, OR ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TR AND / OR ITS SUBSIDIARIES AND AFFILIATES WERE AWARE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This disclaimer does not apply to intentional or wanton acts on the part of TR. This disclaimer constitutes an essential part of these terms.

You should use your best judgment and exercise caution where appropriate. Your use of the site and any materials provided through the site are entirely at your own risk.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TR AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, ATTORNEYS, ASSIGNS, SUCCESSORS-IN-INTEREST, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, LICENSEES AND SUBLICENSEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, CAUSES OF ACTION, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (1) YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, THE CODE OF CONDUCT; (2) ANY ALLEGATION THAT ANY CONTENT OR OTHER MATERIAL YOU HAVE SUBMITTED OR TRANSMITTED TO THE SITE INFRINGE, MISAPPROPRIATE OR OTHERWISE VIOLATE THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PARTY; AND / OR (3) YOUR ACTIVITIES OR OMISSIONS IN CONNECTION WITH THE SITE.

Dispute Resolution

Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. TR makes no representation or warranty that Materials and Content on the Site are appropriate or available for use in any particular jurisdiction. Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms and you agree not to access this Site in any jurisdiction where all or any portion of the Site violates any legal requirements. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.

Choice of Law, Jurisdiction and Venue:

You agree that this agreement and your use of the Site will be governed by the laws of the State of California. By using the Site, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Los Angeles, CA, in all disputes (i) arising out of, relating to or concerning this agreement, the Site and your use thereof; (ii) in which the Site and / or this agreement is an issue or a material fact; or (iii) in which the Site or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.

Waiver of Rights:

YOU AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE SITE OR THIS AGREEMENT.

Miscellaneous

You agree that TR may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that TR will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.

You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to TR through the Site may be subject to legal process (e.g., a subpoena) by TR or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that TR will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that TR may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered or otherwise disclosed.

TR’s performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of TR’s right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by TR with respect to such use.

You agree that TR may change the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.

You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and TR as a result of these Terms or your use of the Site.

Any rights not expressly granted to you herein are reserved by and to TR, its affiliates, subsidiaries and licensors, and other third parties.

The Terms and the applicable terms of sale constitute the entire agreement between you and TR with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and TR with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by TR or it is physically signed in blue ink by an executive officer of TR.

Any actual or alleged waiver by TR of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.

A printed version of this agreement and / or any notice given by TR in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by TR in printed form.

If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.

Placing Your Orders on the Website

All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested.

TR and its affiliates and subsidiaries reserve the right, at their sole discretion, to refuse service and to terminate accounts if TR believes in its sole discretion that customer conduct violates applicable law or the Terms, or is harmful to the interests of TR, its subsidiaries, or its affiliates, or for any other reason.

TR and its affiliates and subsidiaries reserve the right to limit the quantity of items purchased per person, per account, per household and per order as determined in their sole discretion. These restrictions may be applied to the same account, same credit card and / or the same billing and / or shipping address.

Receiving an order acknowledgement via email does not guarantee the acceptance of an order.

All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon TR’s delivery of the items or products to the carrier.

If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Your Account will provide you a location to store your information and allow you to make a future purchase without re-entering information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

Tools, products, materials, techniques, building codes and local regulations change; therefore, TR assumes no liability for omissions, errors or the outcome of any project. The reader must always exercise reasonable caution, follow current codes and regulations that may apply, and is urged to consult with a licensed professional if in doubt about any procedures.

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 Warranty Policy.

We have made every effort to display as accurately as possible the colors and images of our products. 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.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by TR’s Privacy Policy. To view TR’s Privacy Policy, please go here: https://www.homezoneliving.com/privacy-policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the 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. TR 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).

TR 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.

OPTIONAL TOOLS

TR may provide you with access to third-party tools over which TR may or may not monitor and TR may or may not 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).

TR 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.

Severability

In the event that any provision of this agreement 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 this agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

CONTACT INFORMATION

If you have additional questions about the terms of service, you can email us email at support@homezoneliving.com. You can write to us at:

Last Updated on September 23, 2019 Version 09.23.2019