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Terms & Conditions

 

SITE ACCESS

By accessing this website, you agree to be bound by the terms and conditions of use appearing below, such use being non-commercial in nature and conditioned on your acceptance. The materials on this website are Copyright © 2012 Fomo Products, Inc. All rights reserved. You are hereby authorized to view, copy, print, and distribute these materials subject to the following conditions:

1. the materials may be used for internal informational purposes only;
2. any copy of these materials or any portion thereof must include the above copyright notice; and
3. Fomo Products, Inc. (“Fomo”) may revoke or modify any of the foregoing rights at any time.
You also expressly agree that you will not use any robot, spider, or other automatic or manual device or process to interfere or attempt to interfere with the proper working of our website, nor act as a conduit for others to effect the same result.

TRADEMARK NOTICE

Handi Cleaner®, Complete Air Barrier Solutions®, Handi-Flow®, Stop Air Infiltration®, Magnum Heated System®, Expect More®, Silent Seal®, Handi-Seal®, Handi-Stick®, Handi-Gun®, Vala Moya®, Handi-Stick®, Handi-Foam®, Fomo™, Handi-Adhesive™, Fast Foam™, Dust Devil™ and Handi Shim™ are federally registered, common law and international trademarks of Fomo. No license to use or reproduce any of these trademarks or other trademarks of Fomo, is given or implied without purchase or express prior written consent from Fomo.

While Fomo strives to provide accurate product and pricing information, pricing or typographical errors may occur.  Fomo cannot confirm the price of an item until after you order.  In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Fomo shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item.  In the event that an item is mispriced, Fomo may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.  Prices and availability are subject to change without notice.

ORDER ACCEPTANCE

Please note that there may be certain orders that we are unable to accept and must cancel.  We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.  For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped.  Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.  We may also require additional verifications or information before accepting any order.  We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.  If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

SITE SECURITY

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing,” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forgoing any TCP/IP packet header or any part of the header information in any email or newsgroup posting.  Violations of system or network security may result in civil or criminal liability.  You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agent(s) to navigate or search this Site other than the search engine and search agents available from Fomo on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer®, Mozilla Firefox®, Google Chrome®, Apple Safari®).

DISCLAIMER

Nothing on this website will be construed as conferring any license of Fomo Products Inc.'s rights or any third party rights. Although the information is provided on this server to anyone, we retain the copyright on all text and graphic images. This means you may not distribute the text or graphics to others without the express written permission of Fomo Products, Inc., or modify or re-use the text or graphics without the express written permission of Fomo Products, Inc. It is expressly forbidden to use either Fomo Products, Inc.'s URL, meta-tags, or other embedded website information to effect any “matchmaker” advertising by third parties, or to act as a conduit for others to effect the same result. You may print copies of the information for your own personal use.
Fomo Products, Inc. also reserves all other rights, including the right to make changes or corrections at any time without notice. You are prohibited from posting on this website or transmitting to this website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, objectionable or profane material or any materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Fomo Products, Inc. will fully cooperate with law enforcement authorities or court orders requesting or directing Fomo Products, Inc. to disclose the identity of or help identify anyone posting any such information or materials on this website. Fomo Products, Inc. makes no commitment to update the information provided herein. The information, text, graphics, and links on this website are provided by Fomo Products, Inc. as a convenience to its customers.

This website may contain content not generated by Fomo Products, Inc. and Fomo Products, Inc. is not responsible for any third-party content. The name of Fomo Products, Inc. or the Fomo Products, Inc. logos and trademarks may not be used in advertising or publicity pertaining to distribution of the information on or linked to this website or any other server or "hot-linked" sites without specific, written prior permission. Fomo Products, Inc. makes no representation or warranties about the accuracy, currency, completeness, or suitability of the information provided on this website and will not be liable for any use of this information for any purpose. The information on this website could contain technical inaccuracies or typographical errors, and information may be changed, updated, and deleted without notice. Fomo Products, Inc. may make improvements and/or changes in the products and/or the programs described on this website at any time.
The material provided on this website is protected by law, including, but not limited to, United States copyright law, trademark law, and international treaties. This website is controlled and operated by Fomo Products, Inc. in Norton, Ohio, United States of America. Fomo Products, Inc. makes no representation that materials on this website are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.

FOMO PRODUCTS, INC. DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED ON THIS WEBSITE OR OTHER SITES  LINKED TO THIS SITE, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL FOMO PRODUCTS, INC. BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, BUSINESS INTERRUPTION, SALES, OR PROFITS, WHETHER IN A CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF ACCESS TO, USE OF, OR IN CONNECTION WITH THE USE, INABILITY TO USE, ACCURACY, SUITABILITY, OR PERFORMANCE OF THIS INFORMATION, EVEN IF FOMO PRODUCTS, INC. IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
ANY CLAIM RELATED TO THE INFORMATION ON THIS WEBSITE WILL BE GOVERNED BY THE LAWS OF OHIO WITHOUT REGARD TO CONFLICTS OF LAW RULES. IN THE EVENT OF ANY DISPUTE REGARDING THIS WEBSITE, THE PARTIES IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN THE COURTS IN SUMMIT COUNTY IN THE STATE OF OHIO, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A STATE CLAIM INVOLVING THIS AGREEMENT OR WEBSITE AND TO THE FEDERAL DISTRICT COURTS, NORTHERN DISTRICT OF OHIO, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A FEDERAL CLAIM INVOLVING THIS AGREEMENT OR WEBSITE.
© 2012 Fomo Products, Inc.

 

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