Terms of Sale
- These Terms of Sale (these “Terms”) apply to the purchase and sale of products and services through https://shop.humotech.com (the “Site”). These Terms are subject to change by Human Motion Technologies, LLC, d/b/a Humotech (referred to as “the Company,” “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS. This website is intended to be utilized by existing customers of the Company for the purchase of parts and accessories for with equipment manufactured by the Company that you previously purchased from the Company. By placing an order for products from this Site, you agree to use such products with your existing Company equipment in accordance with your original sales agreement with the Company for such equipment, the documentation for such equipment, and these terms of sale. You agree that any violation of these Terms or any section hereof will be a breach of this agreement and any other agreement between you and the Company, and will void any applicable warranty as to any equipment, parts, accessories, or services you have purchased from the Company. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) ARE NOT AN EXISTING CUSTOMER OF THE COMPANY, (B) DO NOT AGREE TO THESE TERMS, (C) ARE NOT AT LEAST 18 YEARS OF AGE, OR (D) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW OR OUR TERMS OF USE (AVAILABLE AT HTTPS://SHOP.HUMOTECH.COM/TERMS-OF-USE).The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. These Terms are an integral part of the Website Terms of Use (available at https://shop.humotech.com/terms-of-use) that apply generally to the use of our Site. You should also carefully review our Privacy Notice (available at https://shop.humotech.com/privacy-notice) before placing an order for products or services through this Site. - Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at 412-301-5082.
- Prices and Payment Terms.
- All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. You will bear all taxes, duties, levies and similar charges (and any related interest and penalties), however designated, imposed as a result of the existence or operation of these Terms. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
- Terms of payment are within our sole discretion, and payment must be received by us before our acceptance of an order. We accept VISA, MasterCard, American Express, Discover, Apple Pay (via Stripe) or PayPal for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
- Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
- Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns and Refunds. Except for any products designated on the Site as non- returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are returned in their original condition. To return products, you must call or email our Returns Department at [email protected] to receive authorization and further instruction. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE DO NOT OFFER ANY REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
- LIMITED WARRANTY.
- Company warrants that for a period of one (1) year from the date of shipment of any products purchased through the Site (the “Warranty Period”), that such goods will materially conform to the Company’s published specifications in effect as of the date of shipment under the corresponding transaction and will be free from material defects in material and workmanship during the Warranty Period.
- EXCEPT FOR THE WARRANTY SET FORTH IN THIS SECTION 6, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS AND/OR SERVICES PURCHASED THROUGH THE SITE, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY OF TITLE; OR (d) 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.
- This limited warranty extends only to you. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
- This limited warranty does not cover any damages due to transportation, storage, improper use, failure to follow the product instructions or to perform any preventive maintenance, modifications, combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by the Company, unauthorized repair, normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
- With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services. THE REMEDIES SET FORTH IN THIS SECTION 6(e) SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND COMPANY’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 6(a).
- Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO US FOR THE GOODS AND/OR SERVICES SOLD HEREUNDER.
- Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all applicable export regulations. You represent and warrant that you are buying products or services from the Site for your own use only with existing Company equipment, and not for resale or export.
- Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, humotech.com/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
- No Third Party Beneficiaries. These Terms do not, and are not intended to, confer any rights or remedies upon any person other than you.
- Notices.
- To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us as follows: (i) by email message to [email protected]; or (ii) by personal delivery, overnight courier or registered or certified mail to Human Motion Technologies, LLC d/b/a Humotech, 630 William Pitt Way, U-PARC, Building A2, Pittsburgh, PA 15238. We may update the email address or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Entire Agreement. These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Terms of Use
Terms of Use
Last Updated: April, 11 2023
Acceptance of the Terms of Use
These Terms of Use are entered into by and between you and Human Motion Technologies, LLC, d/b/a Humotech (“Company,” “we,” or “us”). The following Terms of Use (“Terms”) govern your access to and use of https://shop.humotech.com/ (the “Site”), our mobile application (the “App”) and any content, functionality, and services offered each (collectively the “Services”), whether as a guest or a registered user.
THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIAL OR CLASS ACTIONS.
Please read the Terms carefully before you start to use Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Services.
Changes to the Terms of Use
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Age Requirements
Our Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
Accessing the Site
We reserve the right to withdraw or amend our Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services we offer.
You are responsible for making all arrangements necessary for you to have access to the Services, and for ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
To access the Site or Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete.
You agree that all information you provide to register on our Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Notice, and you acknowledge to all actions we take with respect to your information consistent with our Privacy Notice.
Account Security
To access or use our certain portions of our Site and App you must create an account with us. When you create an account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current or complete. You also acknowledge that your account is personal to you and agree not to provide any other person with your user name, password, or other security information.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Site and App and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and our Services are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use our Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services. You must not access or use for any commercial purposes any part of the Services we provide.
If you copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks
The Company name, Humotech, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Site or App are the trademarks of their respective owners.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Site is stored, or any server, computer, or database connected to the Services.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services or by anyone who may be informed of any of its contents.
The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Site other than the homepage.
- Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Services or items obtained through the Services or to your downloading of any material posted on it, or on any site linked to them.
Your use of the Services is at your own risk. The Services or items obtained through the Site and App are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site or App. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Services or items obtained through the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Services or the server that makes them available are free of viruses or other harmful components, or that the Services will otherwise meet your needs or expectations.
To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation on Liability
To the fullest extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, any websites linked to them, any content on the Services or such other websites or applications, including any direct, indirect, special, incidental, consequential, or punitive damages, including those arising from the loss of data or a data breach, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms, and any dispute or claims arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the State of Pennsylvania or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Pennsylvania, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use, use of the Site or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Contact Us
Our Site and Website is operated by Human Motion Technologies, LLC d/b/a Humotech. Any questions, feedback, comments, and other communications relating to these Terms and our Site and App should be directed to:
630 William Pitt Way
U-PARC, Building A-2
Pittsburgh, PA 15238-1332
Phone: (412) 301-5082
Email: [email protected]
Privacy Notice
Privacy Notice
ast Updated: 2023-04-11
Introduction
This “Privacy Notice” is provided by Human Motion Technologies, LLC, d/b/a Humotech (“Company,” “we,” “our,” or “us”) to describe the personal information we collect, how we use it, with whom we share it, and the choices available regarding our use of the information. We also describe the measures we take to protect the security of the information and how to contact us about our privacy practices. This Privacy Policy applies to our website at https://shop.humotech.com/ (the “Site”) and our mobile application (the “App”) under our control that link to this Privacy Policy (collectively the “Services”).
By creating an account on our Site or otherwise providing us with yours or others’ Personal Information (as defined below), you expressly consent to the information handling practices described in this Privacy Notice and you acknowledge and confirm that you have permission to provide us with all personal information provided. If you do not agree with this Privacy Notice, please do not access, use, or register for an account on our Services.
Updates To This Policy
We may update this Privacy Notice based upon evolving laws, regulations, and industry standards, or as we may make changes to our Services. We will post changes to our Privacy Notice on this page or in the appropriate section of our App and encourage you to review our Privacy Notice when you use our Services to stay informed. If we make changes that materially alter your privacy rights, we will take appropriate measures to inform you, consistent with the significance of the changes we make. If you disagree with the changes to this Privacy Notice, you should discontinue your use of our Services.
Third Party Links
The Services may contain hyperlinks to other unaffiliated websites that may have information policies and practices different from ours. We have no control over those websites, are not responsible for their privacy policies, practices or content, and this Privacy Notice does not apply to them.
Children
We do not knowingly collect any Personal Information from individuals under 13 years of age. If we learn that we have collected the personal information of an individual under 13, we will delete the information as soon as possible.
Note To International Users
The Site is hosted in the United States. If you are a user accessing our Services from any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Site, which is governed by US law, you are transferring your Personal Information to the United States and you consent to that transfer.
Information We Collect and How We Collect It
“Personal Information” means information that alone or when used in combination with other information may be used to readily identify, contact, or locate you. Personal Information does not include anonymized or de-identified information. The data we collect depends on how you interact with our Services.
Information You Provide to Us
In general, you may provide us with your Personal Information when you create an account to access our Services, when you use to contact us, or when you subscribe to our newsletter. The Personal Information you may provide to us as you use our Services includes: your name, email, address, and telephone number. You may also provide us with your Personal Information when you apply for a career on our Site.
Information We Automatically Collect
When you use our Site or App, we may automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the trackers that are installed on your device using cookies and similar technologies. Additionally, as you browse the Site or App, we may collect information about the individual web pages and services that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site or App. We may automatically collect this information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
How We Use Cookies
We use Cookies to track how you use our Site by providing usage statistics. Cookies are also used to deliver our information (including updates) and allow account authentication to you based upon your browsing history and previous visits to the Site. Information supplied to us using Cookies helps us to provide a better online experience for our visitors and users and send marketing communications to them, as the case may be. We may combine the information we collect from Cookies with personal information that we have collected from you to learn more about how you use our Site to improve it.
Types of Cookies
We use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your device until you delete them). To make it easier for you to understand why we need them, the Cookies we use on our Site can be grouped into the following categories:
- Strictly Necessary: These Cookies are necessary for the Site to work properly. They include any essential authentication and authorization Cookies for our Site.
- Functionality: These Cookies enable technical performance and allow us to remember the choices you make while browsing our Site, including any preferences you set. They also include sign-in and authentication Cookies and IDs that enable you to return without additional sign-in.
- Performance/Analytical: These Cookies allow us to collect certain information about how you navigate the Site and App running on your device. They help us understand which areas you use and what we can do to improve them.
- Targeting: These Cookies are used to deliver relevant information related to our Site to an identified machine or other device (not a named or otherwise identifiable person) which has previously been used to visit our Site. Some of these types of Cookies on our Site are operated by third parties with our permission and are used to identify advertising sources that are effectively driving customers to our Site.
How to Control and Delete Cookies
Cookies can be controlled, blocked, or restricted through your web browser settings. Information on how to do this can be found within the Help section of your browser. All Cookies are browser specific. Therefore, if you use multiple browsers or devices to access websites, you will need to manage your Cookie preferences across these environments.
Find out how to manage Cookies on popular browsers:
- Google Chrome, available at https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en
- Microsoft Edge, available at https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy
- Mozilla Firefox, available at https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
- Microsoft Internet Explorer, available at https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
- Opera, available at https://www.opera.com/help/tutorials/security/privacy/
- Apple Safari, available at https://support.apple.com/guide/safari/manage-cookies-sfri11471/mac
If you are using a mobile device to access the Site, you will need to refer to your instruction manual or other help/settings resource to find out how you can control Cookies on your device. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
Please note that if you restrict, disable or block any or all Cookies from your web browser or mobile or other device, the Site may not operate properly, and you may not have access to our services available through the Site. We are not responsible for your inability to use our Site or any degraded function you may experience that may be caused by your settings and choices regarding Cookies.
Third-Party Analytics Providers
We use Google Analytics and other third-party analytics providers (“Analytics Providers”) to collect information about how you use our Site. Analytics Providers use Cookies in order to collect demographic and interest-level information and usage information from users that visit the Site, including information about the pages where users enter and exit the Site and what pages users view on the Site, time spent, browser, operating system, and IP address. Analytics Providers use the information they collect from the Site and other websites to share with us and other website operators’ information about users including age range, gender, geographic regions, general interests, and details about devices used to visit the Site and other websites and purchase items.
For more information regarding Google’s use of cookies, collection and use of information, see their privacy policy here: https://policies.google.com/privacy?hl=en The Google Analytics Opt-Out Browser Add-On is available at: https://tools.google.com/dlpage/gaoptout
Social Sharing
We also embed social sharing icons throughout our Site. These sharing options are designed to enable users to easily share content from our Site with others using a variety of different social networks. We are not responsible for the security or privacy of any information collected by these third parties. You should review the privacy statements or policies applicable to the third-party services you connect to, use, or access.
How We Use Your Personal Information
We use the personal information we collect from you in the following ways:
- To provide and maintain our Services;
- To manage your account;
- For the performance of a contract and the development, compliance and undertaking of any contract you may have with us;
- To process your job application;
- To personalize your experience on the Site;
- To manage your requests;
- To process your transactions;
- To communicate with you, including through marketing communications;
- To screen for and investigate potential risks and fraud in our systems;
- To optimize our Site;
- To comply with legal obligations; and
- To establish, exercise, or defend a legal claim.
Sharing your Personal Information
We disclose your personal information:
- To our affiliates for the purposes described in this Privacy Notice;
- To our third-party service providers, to facilitate services they provide to us. These can include providers of services such as data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, user support service, email delivery, auditing, and other services;
- To companies we work with in order to provide you with any services you have requested from us; and
- To comply with applicable laws, regulations, respond to subpoenas, search warrants or other lawful request for information we receive, or to otherwise protect our rights.
We may disclose your personal information as part of a corporate business transaction such as a merger or acquisition, divestiture, sale of Company assets, or in the event of insolvency, bankruptcy, or receivership. In these cases, personal information could be transferred to third parties as a business asset. We may also share information with banks and similar entities for purposes of transferring loans in connection with your device financing.
Privacy Technology Practices
Do Not Track Signals
Some browsers have incorporated “do not track” features to enable users to make privacy and security choices. By using these settings, your browser may send a signal to our Site not to collect tracking information. At this time, the Site does not respond to “do not track” signals, if received.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like in customer reviews.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
How To Opt Out Of Email Communications
If you provide us with your email address, we may send you product emails from time to time. If you do not wish to receive such emails from us, you may opt out of future emails regarding that product by following the opt-out instructions in the email. Note that you cannot opt out of receiving required administrative or legal communications. Opt-out requests will be effective after a reasonable period of time for processing but in no event longer than such time as may be required by applicable law.
California’s Shine the Light Law
California Civil Code Section 1798.83 permits Users of our Site that are California residents to request certain information regarding our disclosure of the information you provide through the Site to third parties for their direct marketing purposes. To make such a request, please contact us at the information provided below.
How To Contact Us
Should you have any questions or concerns regarding this Privacy Notice, please contact us:
630 William Pitt Way
U-PARC Building A-2
Pittsburgh, PA 15238-1332
