Terms of Use

OWNERSHIP OF THE SITE; AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use (the "Terms of Use") apply to the HoMedics website located at https://www.ellia.com/ and all associated sites linked to https://www.ellia.com/ by HoMedics, LLC, its parent, subsidiaries and affiliates, including HoMedics’ sites around the world (collectively, the "Site"). The Site is the property of HoMedics, LLC ("HoMedics"), with a principal place of business at 3000 Pontiac Trail, Commerce Township, Michigan 48390. This agreement is between you and HoMedics, LLC and its parent, subsidiaries and affiliates.

You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. You agree to read these terms and conditions of use carefully before using this company web site. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the site; IF YOU DO NOT AGREE, DO NOT ACCESS OR OTHERWISE USE THE SITE.

HoMedics reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use and Privacy Policies, at any time. It is your responsibility to check these Terms of Use and Privacy Policies periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use and Privacy Policies, HoMedics grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. If you are dissatisfied with the Site, its content or Terms of Use and Privacy Policies, you agree that your sole and exclusive remedy is to discontinue using the Site.

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to HoMedics, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without HoMedics express prior written consent.

You may use information on HoMedics products and services (such as data sheets, media kits, and similar materials) purposely made available by HoMedics for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

HoMedics does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. HoMedics reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.

HoMedics does not and cannot review all materials posted to the Site by users, and HoMedics is not responsible for any such materials posted by users. However, HoMedics reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in HoMedics sole discretion is objectionable or in violation of these Terms of Use.

YOUR USE OF THE SITE

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. HoMedics reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any HoMedics server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of HoMedics, including any HoMedics account not owned by you, to its source or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or HoMedics systems or networks, or any systems or networks connected to the Site or to HoMedics.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to HoMedics on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of HoMedics or others.

TERMINATION OF USE

HoMedics may, in its sole discretion, terminate your account or your use of the HoMedics Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. HoMedics reserves the right to change, suspend, or discontinue all or any aspects of the Site at any time without prior notice.

PURCHASES; OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including, where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

HoMedics obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Prices and availability of goods and services are subject to change without notice. HoMedics may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and HoMedics makes no commitment to update the materials on the Site with respect to such products and services.

HoMedics reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HoMedics will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with HoMedics Return Policy.

SALES TAX POLICY

Because HoMedics does business throughout the United States and collects and remits sales tax as required by law, HoMedics also collects and remits sales tax as appropriate. Please visit the Sales Tax page to view applicable sales taxes. HoMedics reserves the right not to sell to resellers.

PAYING FOR YOUR ORDER

You may pay for your orders with HoMedics gift certificates or major credit cards issued in the United States of America. Currently, we accept Visa, MasterCard and American Express. A Sales and Discount promotional code may apply to your purchase.

Generally, credit and debit cards are not charged until we either ship the item(s) to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.

If you ordered a special delivery item, you will be charged once a delivery time is confirmed. For digitally delivered orders, your credit or debit card will be charged at the time that you initiate the download of the product.

VALIDATING YOUR ORDER

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

ORDER ACCEPTANCE/CONFIRMATION

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Site reserves the right at any time after receipt of your order to accept or decline your order for any reason.

RETURN POLICY

All sales made through the Site are subject to HoMedics return policy. For a complete explanation of the return policy, please click on the Returns page link.

ORDER LIMITATIONS

We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order. HoMedics may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. HoMedics also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. HoMedics reserves the right to limit or prohibit sales to dealers.

SHIPPING

All orders placed on this site are subject to product availability and will be shipped according to HoMedics shipping policies. In the rare event that your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail. Please review the Shipping page for additional information on shipping times, rates, and policies.

ACCOUNTS, PASSWORDS AND SECURITY

If certain features or services offered on or through the Site may require you to open an account (including setting up a HoMedics ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify HoMedics immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by HoMedics or any other user of or visitor to the Site due to someone else using your HoMedics ID, password or account.

You may not use anyone else's HoMedics ID, password or account at any time without the express permission and consent of the holder of that HoMedics ID, password or account. HoMedics cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

HoMedics may monitor your use of the Site and may freely use and disclose any information and materials received from you or collected through your use of the company web site for any lawful reason or purpose.

PRIVACY

HoMedics Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view the HoMedics Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. You acknowledge that by submitting communications to the Site, no confidential, fiduciary, and/or contractually implied or other relationship is created between you and HoMedics other than pursuant to these Terms of Use.

LINKS TO OTHER SITES AND TO THE HOMEDICS SITE

This Site may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under HoMedics control, and HoMedics is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

DISCLAIMERS

HOMEDICS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE HOMEDICS WEB SITE, IS DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HOMEDICS MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. HOMEDICS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. HOMEDICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOMEDICS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOMEDICS SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. HOMEDICS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY HOMEDICS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HOMEDICS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

HoMedics reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will HoMedics be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if HoMedics has been advised of the possibility of such damages.

INDEMNITY

You agree to indemnify and hold HoMedics, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against HoMedics by any third party due to or arising out of or in connection with your use of the Site.

VIOLATION OF THESE TERMS OF USE

HoMedics may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) HoMedics rights or property, or the rights or property of visitors to or users of the Site, including HoMedics customers. HoMedics reserves the right at all times to disclose any information that HoMedics deems necessary to comply with any applicable law, regulation, legal process or governmental request. HoMedics also may disclose your information when HoMedics determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that HoMedics may preserve any transmittal or communication by you with HoMedics through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or HoMedics determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others or (4) protect the rights, property or personal safety of HoMedics, its employees, users of or visitors to the Site, and the public.

You agree that HoMedics may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to HoMedics, for which monetary damages would be inadequate, and you consent to HoMedics obtaining any injunctive or equitable relief that HoMedics deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies HoMedics may have at law or in equity.

You agree that HoMedics may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site or (4) unexpected technical issues or problems.

If HoMedics does take any legal action against you as a result of your violation of these Terms of Use, HoMedics will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to HoMedics. You agree that HoMedics will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Michigan without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction and venue in the state and federal courts in Oakland County, Michigan and agree to and waive any objection to such personal jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between HoMedics and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

VOID WHERE PROHIBITED

HoMedics administers and operates the www.homedics.com Site from its location in Commerce Township, Michigan, USA; other HoMedics sites may be administered and operated from various locations inside and outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. HoMedics reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

MISCELLANEOUS

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and HoMedics with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and HoMedics with respect to such use are hereby superseded and cancelled. HoMedics will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. HoMedics failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by HoMedics of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between HoMedics and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

TRADEMARK INFORMATION

Throughout the site HoMedics trademarks are indicated by either a ™ or ®. All such trademarked items are ™ or ® HoMedics, LLC. Use of any HoMedics trademark for commercial purposes without the prior written consent of HoMedics may constitute trademark infringement and unfair competition in violation of federal and state laws.

COPYRIGHT INFORMATION

A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws. Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings. To report claims of copyright infringement or obtain permission to use HoMedics copyrighted materials, please contact us by using the Consumer Relations or Media Contact forms provided.

RIGHTS AND PERMISSIONS

If you have any questions concerning the usage or licensing of HoMedics copyrighted materials, for example, photographs, video footage, HoMedics advertisements or other HoMedics materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the HoMedics material.

Requests may be emailed to tammy.tipsword@homedics.com or mailed to HoMedics, LLC, Attention: Rights and Permissions, Dept. 168, 3000 Pontiac Trail, Commerce Township, MI 48390.

HOMEDICS UNSOLICITED IDEA SUBMISSION POLICY

HoMedics or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when HoMedics products or marketing strategies might seem similar to ideas submitted to HoMedics. So, please do not send your unsolicited ideas to HoMedics or anyone at HoMedics. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.

TERMS OF IDEA SUBMISSION

You agree that: (1) your ideas will automatically become the property of HoMedics, without compensation to you and (2) HoMedics can use the ideas for any purpose and in any way, even give them to others.

PRODUCT FEEDBACK

HoMedics does, however, welcome your feedback regarding many areas of HoMedics existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found here. Please provide only specific feedback on HoMedics existing products; do not include any ideas that HoMedics policy will not permit it to accept or consider. It's just one more way that HoMedics can learn how to best satisfy your needs.

The information contained in this website is subject to change without notice.

Last updated January 28, 2016