Terms of Use | Aspecta Flooring

These Terms of Use (“Terms”) apply to your use of this website, any associated mobile sites, services, applications, or platforms including our pages on third party social media platforms such as Instagram, Facebook, Twitter and any other websites or apps we own or run from time to time (“Sites”). Please review these Terms carefully, as they affect your legal rights. These Terms constitute a legally binding agreement (“Agreement”) between you and Aspecta B.V trading as HMTX Global. Your use of the Sites constitutes your acceptance of the Terms. If at any time you do not accept the Terms, you must cease using the Sites. When these Terms mention “HMTX Global,” “HMTX,” “we,” “us,” or “our,” it refers to HMTX Industries LLC, the owner of the Sites. If you use any of our services, we will refer to you using the terms “user”, “visitor”, “you”, “your” or “yours” in these Terms.

Privacy Statement

Our Privacy Policy explains how we collect, store and use personal information about you when you access our website, shop with us or otherwise provide your personal information to us. These terms will apply regardless of how our Sites are accessed and will cover any technologies or devices by which HMTX makes the Sites available to you.

Eligibility

You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one account at any given time for the Site; (d) you will only provide us with true, accurate, current and complete information if you register for an account. If we believe or suspect that your information is not true, accurate, current or complete, or suspect fraudulent use of the Site, we may deny or terminate your access to the Site.

Permitted Uses

You may use the Sites or your account only in compliance with these Terms and all applicable laws. You may not use the Sites in any manner that could harm HMTX, its affiliates, its brands, or any person or property. In addition, you must not:

reverse engineer, decompile, disassemble, or make any attempts to discover the source code or algorithms of our Sites;
modify or disable any features of our Sites;
create any derivative works based on our Sites;
use our Sites in any fraudulent or malicious way, for example to introduce viruses, malicious code, or harmful data;
rent, lease, lend, sublicense, or provide any commercial hosting services using our Sites;
disseminate any unlawful, misleading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
gain unauthorized access to any computer system;
interfere or disrupt networks or websites connected to this Site;
make, transmit or store electronic copies of materials protected by copyright without the permission of the owner
infringe our intellectual property rights or use our Sites in any way that could damage, disable, overburden, impair, or compromise our systems or security, or interfere with the rights of other users of our Sites;
use automated systems or software to extract data from this website for commercial purposes without license; or
use our Sites in any way that violates these Terms or any laws, rules, regulations, codes of practices, guidelines or any other requirements of regulatory authorities, as amended from time to time, within the jurisdiction in which you are a resident or from which you are using the Sites.

Intellectual Property

All rights, including copyright, know-how, moral rights, and other intellectual property rights over all material and content including (but not limited to) text, images, web pages, sound, software, software code, interfaces, website structure, and videos, in and to this website are owned by or licensed to HMTX Industries and its affiliates, unless otherwise indicated.

Copyright

All content included on this website, including without limitation, text, graphics, logos, button icons, images, pictures, audio and video clips and software, and such content’s pages, screens and content arrangement (all collectively referred to as the “Content”), are the property of HMTX, its affiliates, or its Content suppliers and are protected by U.S. and international copyright laws and all rights are reserved worldwide. Similarly, the compilation of all Content on this website is the exclusive property of HMTX and is protected by such laws. All software used on this website is the property of HMTX or its software suppliers and is protected by the same laws, and all rights are reserved worldwide.

Unless otherwise specifically provided elsewhere on this website, HMTX authorizes you to view, download, print, copy, create reports and distribute Content published by HMTX or its affiliates on this website, subject to the following conditions: (1) if you are an individual, you may use such Content solely for your personal use and not for external distribution or use; (2) if you are accessing and using this website and its Content on behalf of an organization, you may use such Content solely within such business organization and not for external distribution or use; and (3) you must include on any copies of the Content any and all legends, copyright, proprietary or other notices that appear on such Content or if no such legends or notices appear on such Content, then the following copyright notice must appear on all such copies: “Copyright HMTX. All rights reserved worldwide”. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent, or other intellectual property or other proprietary right in or to the Content.

Trademarks and Service Marks

The trademarks and service marks that appear on this website are the exclusive property of HMTX and no use or other rights are granted with respect to these trademarks without the express, written approval of HMTX. Additionally, logos, trademarks and service marks of third parties may also appear on this Website, and such are the exclusive property of their respective owners and no use or other rights are granted with respect to these trademarks without the express, written approval of the trademark/service mark owner.

Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

HMTX respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide HMTX with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

HMTX’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

HMTX Industries, LLC
29 Oakwood Avenue
Norwalk, CT 06850

By phone: (866) 843-8453
By email: [email protected]

User Content

When you upload, transmit, create, post, display or otherwise provide any information, materials, documents, media files or other content on or through our Sites, you grant us an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, publish, publicly perform and publicly display the content, to the full extent allowed by applicable law.

Social networking sites

These Terms govern any submissions you make on any HMTX related third party website or page such as Facebook, Twitter, Pinterest, YouTube or social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of HMTX or its employees and HMTX is not responsible for any such content. In any event, all material posted on any third party social networking sites must comply with these Terms.

Third-Party Services

We work with a global network of partners and service providers to provide you with useful content and functionality in connection with our Sites. This may include information, links, advertisements, chat services, or other content or functionality provided by third parties (“Third Party Services”). We are not responsible for, and have no control over, any Third Party Services, and we are not liable for any damages or losses that are caused by any Third Party Services.

Website and Content Subject to Change

We make no guarantee that the content provided through the Sites is complete, current, or error-free (including content related to product availability, specifications, features, or prices). If we discover errors, we will make reasonable efforts to correct them. In some cases, product measurements and descriptions are approximate and provided only for ease of explanation or convenience.

Termination

We may terminate your account or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) if we determine that you have violated these Terms of Use, without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site. If you wish to terminate your account, you may do so by following the instructions on the Site.

Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SITES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM US, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR AFFILIATES SHALL BE DEEMED TO ALTER OUR DISCLAIMER OF WARRANTY REGARDING OUR SITES, OR TO CREATE ANY WARRANTY OF ANY SORT FROM US.

WITHOUT LIMITING THE PREVIOUS DISCLAIMER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT OUR SITES OR THE CONTENT THEREIN WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER; (ii) WILL BE FREE FROM ALL HARMFUL COMPONENTS OR ERRORS; (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS; OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE SITES WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED. IN ADDITION, WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THIRD-PARTY SERVICES, ADVERTISEMENTS, CONTENT, OR ANY OTHER PRODUCT, SITES OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH OUR SITES.

Due to the nature of the Sites and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and/or security of information transmitted to or obtained from the Sites unless otherwise expressly set out on the Sites. The Sites may contain inaccuracies, typographical errors or other errors and may not always be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS, OPPORTUNITY OR DATA, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY OTHER INTANGIBLE LOSSES. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND EVEN TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ARE REASONABLE GIVEN THE BENEFITS OF THE SITES AND YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.

Indemnity

You agree to indemnify, defend, and hold harmless us, our licensors, our agents, and all officers, directors, and employees from any and all third party claims, actions, losses, damages, liabilities, judgements, grants, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of our Sites or use by any person that you allow to use our Sites that is not in accordance with these Terms, (ii) any breach of these Terms by you or by any person that you allow to use our Sites, or (iii) any violation of any laws or regulations or the rights of any third party by you or by any person that you allow to use our Sites.

Choice of Law

These Terms and their operation, interpretation or formation, and the relationship between the parties, including any claim or dispute that might arise between the parties (including non-contractual claims or disputes) will be governed by the laws of The Netherlands without regard to its conflict of law provisions.

Forum

Except to the extent set out in paragraph (d) below, you and we agree to submit to the exclusive jurisdiction of the Dutch courts in respect of any dispute or claim that arises out of or in connection with these Terms or their operation, interpretation or formation (including non-contractual claims or disputes). In such cases, you and we agree to submit to the personal jurisdiction of the courts located within The Netherlands, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to the venue of such courts.

If you reside in a European Union country, nothing in these Terms, including the paragraphs above, affects your right to rely on any applicable mandatory local law or choice of jurisdiction provision that cannot be varied by contract. The European Commission provides an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr/

Exclusions and Limitations of Liability

Nothing in the Terms affects any legal rights that you are entitled to as a consumer under EU law which cannot be contractually altered or waived. Accordingly, some of the exclusions and limitations in these Terms will not apply to you if you are a consumer living in a European Union country.

Entire Agreement & Severability

These Terms, our Privacy Policy, any additional terms that accompany our Sites, any amendments and any additional agreements you may enter into with us shall constitute the entire agreement between you and us with respect to our Sites and supersede all prior or contemporaneous oral or written communications, proposal, and representations with respect to our Sites or any subject matter covered by these Terms. If any provision of these Terms is deemed to be invalid, illegal or unenforceable (in whole or in part), then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. You may be subject to additional terms and conditions that govern your use of third-party services, content, or software.

No Waiver

If we do not exercise or enforce any legal right or remedy which is set out in these Terms or which we have the benefit of under any Applicable Law, this will not be construed as a formal waiver of our rights or remedies and such rights or remedies will remain available to us.

If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

Survival

Any provisions within these Terms that by their nature should continue to be in effect, shall survive the expiration or termination of these Terms, and remain valid and binding.

If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Additional Terms May Apply

Depending on which of our products or services you use, additional terms may apply (“Additional Terms”). Additional Terms may also apply for promotions, sweepstakes, contests, giveaways, or similar programs. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control.

Changes to these Terms

From time to time, we may change these Terms in our sole discretion. We reserve the right to make these changes without notice, though we will update the “Last Updated” line at the beginning of these Terms after each revision. You are responsible for regularly reviewing these Terms, and your continued use of the Sites following any changes indicates your acceptance of those changes

Notices

Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Please feel free to contact us via one of the methods described on our Contact Us page. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered to your email or mailing address as appearing in our records from time to time.