Terms of Service

OVERVIEW
This website is managed by Humerus Design. Throughout the site, the terms “we”, “us” and “our” refer to Humerus Design. Humerus Design offers this website, including all information, features products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting the humerusapparel.com website and or purchasing products from us, you agree to engage in our “Service” and agree to be bound by the our terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. The Terms of Service for the Humerus apparel website apply to all users of the site, including without limitation users who are customers, merchants’ browsers, vendors, or persons contributing to the content of this website.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the humerusapparel.com website, you agree to be bound by our Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services. If the Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added in the future to the current e-commerce website 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 or change any part of our Terms of Service by posting updates and/or changes to this website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the updated posting revisions to our Terms of Service constitutes acceptance of these changes.

ONLINE STORE TERMS
By agreeing to Terms of Service of the humerusapparel.com website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose. Also, you may not use our services that will violate any laws in your jurisdiction or any other jurisdiction (including but not limited to copyright and trademark laws).
You must not transmit any malware, spyware, phishing, viruses or any other programming or coding of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

MOBILE TERMS OF SERVICE
In addition, you agree to our Messaging Terms For further information please refer to our Privacy Policies.

ACCURACY OF INFORMATION
We are not responsible if information made available on this site is inaccurate, incomplete, or not current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any information you gain from this website is gained at your own risk. We reserve the right to modify the contents of this site at any time.  By engaging in viewing humerusapparel.com, you agree that it is your responsibility to monitor changes to our site.

GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), at times may be transferred unencrypted and involve communications over various networks. Also, changes to conform and adapt to technical requirements of connecting networks or devices. Please note credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of Humerus Design’s services, creative designs, art, illustrations, images, intellectual properties and or merchandise. You may not use the Service or any elements of the Service, or access to the Service or elements of the Service or any contact on the website through which the Service is provided, without express written permission by the owners of Humerus Design.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect humerusapparel.com Terms of Service.

MODIFICATIONS TO THE SERVICE AND PRICES
Any and all prices for our products and services 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 other third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES
Certain products or services may be available only online  or through this website. Our products or services may have limited quantities. Any and all products and services sold through Humerus Design humerusapparel.com are subject to return or exchange only according to our return policy.
We have made every effort to accurately display and describe the colors and images of our products that appear in our e-commerce store. We cannot guarantee that your computer monitor's display will accurately display the colors as they are presented through our website.
We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right at our discretion. We reserve the right to limit the quantities of any products or services offered on this website. All descriptions of products or product pricing are subject to change at our discretion and without any notice. Humerus Design reserves the right to discontinue any product at any time and for any reason. Any offer for any product or service made on this site is void where prohibited.
Humerus Design does 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.

ACCURACY OF BILLING AND ACCOUNT INFORMATION
Humerus Design reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If Humerus Design changes or cancels an order, we may attempt to notify you via e‑mail, your billing address and or the phone number you provided at the time the order was made. Humerus Design reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, retailers, resellers or distributors.

As a customer and purchaser of our products, you agree to provide the most current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and any other purchase or contact information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

THIRD-PARTY PRODUCTS AND SERVICES
Certain products and services available via the humerusapparel.com website may include materials from additional third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with Humerus Apparel and Humerus Design. We are not responsible for reviewing or evaluating the content or accuracy and Humerus Design does not warrant and will not assume any liability or responsibility for any third-party products, materials or websites, or for any other materials, products, or services of third-parties.
Humerus Design is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. It is your responsibility to carefully review any third-party's policies and practices and make sure you understand and agree with them before you engage in any transaction. Any specific claims, concerns, complaints, or questions regarding third-party products should be directed to the third-party you engaged with.

OPTIONAL TOOLS
Humerus Design (humerusapparel.com) may provide you with access to third-party tools over which we neither monitor nor control.
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 expressed, or implied, and without any endorsement from humerus Design. Humerus Design shall not be liable for any issues, complaints, services relating to your use of optional third-party tools.
Any use by you of third-party tools, products and or services offered through the site is entirely at your own risk. You should personally ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Humerus Design may, in the future, offer new services and/or features through the website (including, the release of new, products, services tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

USER COMMENTS AND OTHER SUBMISSIONS
At any point Humerus Design requests you send certain specific submissions (for example contest entries) or without a request from us you send, suggestions, proposals, creative ideas, or other materials, via any method of delivery whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that Humerus Design may, Publish, distribute, post, edit, copy, and or otherwise use in any medium any comments that you provide us. We are under no obligation to keep comments confidential. We are also not obligated to pay compensation for any comments. Humerus Design retains the right to respond, or not respond to any comments.
Humerus Design has no obligation to, monitor, edit, keep or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate the rights of any third-party, including trademark, patent, copyright, confidentiality, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain unlawful, abusive, libelous, or material considered in poor taste. You agree your material will not contain any computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and the accuracy of your comments or statements. Humerus Design assumes no responsibility and or liability for any comments posted by you or any third-party.

PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Navigate to Humerus Design’s Privacy Policy for further details.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Humerus Design does not guarantee, represent, or warrant that your use of our services will be uninterrupted, timely, secure accurate and or reliable.
By entering into the humerusapparel.com website, you agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, our service is at your sole discretion and risk. Our services and all products and services delivered to you through the Humerus Design are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any warranties, representations, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchant quality, specific use for a particular purpose, durability, trademark, copyright, title, and non-infringement.
By no means and in no case shall Humerus Design, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our services or any products procured using our service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, quality, description of product any errors in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via our service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

ERRORS, INACCURACIES AND OMISSIONS
At times there may be information on our website or in the Service that contains inaccuracies of product descriptions, pricing promotions, warranties, shipping charges, availability, shipping durations that are inaccurate due to errors or typographical errors.
Humerus Design reserves the right to correct any errors, inaccuracies, or omissions on our website or to any products and or services, and to change or update information or cancel orders if any information in our Service or on any related website is inaccurate at any time without prior notice including after the time that you may have placed an order.
The management and employees of Humerus Design will operate with a high level of integrity. We do, however, have no specific obligation to refresh, amend, update, or clarify any information on our website or any third-party website. This refers to product information, pricing information, general information, except as required by law. Assumptions should not be made if a specific piece of information was changed that all information related to, or not related to the revision was done across the entire website.

PROHIBITED USES
As set forth in the Terms of Service, you are prohibited from using the website or its content for

1. Any unlawful purpose
2. To solicit others to perform or participate in any unlawful acts.
3. to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
5. To harass, insult, harm, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
6. To submit false or misleading information.
7. To upload or transmit electronic viruses or any other type of malicious code and downloads that will be used in any way that will affect the functionality or operation of our Services, or of any other websites, or the Internet.
8. To collect or track the personal information of others.
9. For any obscene or immoral purpose.
10. To interfere with or circumvent the security features of this website and our Services, or any other website, or the Internet. Humerus Design reserves the right to terminate your use of this Service or any other related website for violating any of the prohibited uses.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Humerus Design and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of these Terms of Service, or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SEVERABILITY
In the event that any provision of our Terms of Service are determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be removed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may notify us at any time that you wish to cease using our services and our website, at which time your election to not use our services will no longer apply to you beyond that point in time.
If in our sole judgment you fail, or we believe that you have failed, to comply with any term or provision of these Terms of Service, we have the right to terminate this agreement at any time without notice and you will remain liable for any and all amounts due to us, up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals, whether oral or written, between you and Humerus Design, including, but not limited to, any prior versions of the Terms of Service.
Any uncertainties in the interpretation of the Terms of Service shall not be interpreted against the drafting party.

GOVERNING LAW
The Terms of Service and any separate agreements where Humerus Design provides you Services shall be governed by and interpreted in accordance with the laws of United States.

CHANGES TO TERMS OF SERVICE
You may review the Terms of Service at any time on this web page. Humerus Design reserves the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to review our website policies periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@humerusapparel.com