Terms Of Use

ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING www.homscales.com (THIS "WEB SITE"). YOUR USE OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS COPYRIGHT STATEMENT AND TERMS OF USE (COLLECTIVELY, "TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

Pelstar LLC d.b.a. Health o meter Professional Scales (“Pelstar”) reserves the right to modify these Terms of Use without notice and any modifications are effective when they are posted here. Pelstar LLC d.b.a. Health o meter Professional Scales may, at any time, in its discretion terminate your access to this Site. Access to the Site may be monitored by Pelstar LLC d.b.a. Health o meter Professional Scales If you are accessing this Site as a representative of an organization, these Terms of Use bind both you individually and the organization and references to "you" and "your" shall be construed to apply to you individually and the organization.

Conditions and Restrictions of Use

While Pelstar LLC d.b.a. Health o meter Professional Scales maintains copyright protection in all materials, information and publications (collectively, "Site Information") it places on this Site, Pelstar LLC d.b.a. Health o meter Professional Scales consents to normal downloading, copying and distribution of the information for non-commercial purposes by you or within your organization only. In consideration of this consent, you agree that copies of the Site Information will retain all copyright and other proprietary notices and that you will not modify the Site Information in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Site Information, in whole or in part, without the prior written consent of Pelstar LLC d.b.a. Health o meter Professional Scales.  All rights not expressly granted herein are reserved to Pelstar LLC d.b.a. Health o meter Professional Scales and its licensors.  If you violate any of these Terms of Use, your permission to use the Site Information automatically terminates and you must immediately destroy any copies you have made of any portion of the Site Information.

As a condition of your use of this Site, you will not use the Site or the Site Information for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this Site in any manner that could damage, disable, overload or impair the operation of this Site or use by third parties.

Certain restricted product information is available on this Site only to licensed customers of Pelstar LLC d.b.a. Health o meter Professional Scales that are registered to receive information via passwords issued by Pelstar LLC d.b.a. Health o meter Professional Scales This restricted information is considered confidential and proprietary information of Pelstar LLC d.b.a. Health o meter Professional Scales If you are a registered customer or a representative of a registered customer, Pelstar LLC d.b.a. Health o meter Professional Scales authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by Pelstar LLC d.b.a. Health o meter Professional Scales Issuance of a registration password is conditioned on the customer's use of the information in accordance with the terms of its license or service agreement with Pelstar LLC d.b.a. Health o meter Professional Scales You shall not transfer your password to unauthorized parties. You will immediately notify Pelstar LLC d.b.a. Health o meter Professional Scales of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any Site Information or area within this Site.

Any software that is available for download from this Site is the copyrighted property of Pelstar LLC d.b.a. Health o meter Professional Scales and/or its suppliers. Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Site, if any, is governed by the terms of the agreement applicable to that product or service.

Third Party Information

Certain information available on this Site is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the originating party and that Pelstar LLC d.b.a. Health o meter Professional Scales has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a Web link to another party's website an endorsement of such other party, their products or their services.

User Submissions

Pelstar does not claim ownership of any information or material a user provides to Pelstar or posts, uploads, input, submits, or transmits to this Site (“Submission”).  You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party.  Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Pelstar, exposes Pelstar or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Pelstar.  If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Pelstar a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed.  Notwithstanding the foregoing, Pelstar is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions.  Pelstar is not responsible for the consequences of any Submission.  Pelstar is not responsible for screening or monitoring Submissions made to this Site by users.  If notified by a user of a Submission allegedly in violation of these Terms of Use, Pelstar may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission.  Pelstar will have no liability or responsibility to users for performance or nonperformance of such activities.

Pelstar reserves the right (but is not obligated) to: (a) record the communication on the Site; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Site upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Site, regardless of whether such Submission violates these Terms of Use.

Linking to Our Site
You may link to the Pelstar LLC d.b.a. Health o meter Professional Scales home page, but are not authorized to link to any other page on the Pelstar LLC d.b.a. Health o meter Professional Scales Site without the prior express written consent of Pelstar LLC d.b.a. Health o meter Professional Scales provided that Pelstar LLC d.b.a. Health o meter Professional Scales reserves the right to withdraw this consent at any time in its discretion.

Restrictions on Use of Our Marks
You may not use any of Pelstar LLC d.b.a. Health o meter Professional Scales's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Pelstar LLC d.b.a. Health o meter Professional Scales; 2) cause confusion, mistake, or deception; 3) dilute Pelstar LLC d.b.a. Health o meter Professional Scales's trademarks, service marks or trade names; or 4) otherwise violate applicable law.

No Reliance on Statements or Information
Pelstar LLC d.b.a. Health o meter Professional Scales makes no representations or promises to develop, provide or market any software, service or product discussed on this Site, and you shall not rely on the information provided or the prospect of availability of any software, service or product currently in development or currently anticipated to be made available in the future.
Web site information may refer to products, programs or services that are not available in your country. Consult your Pelstar LLC d.b.a. Health o meter Professional Scales representative for information about the products, programs and services that may be available to you.

Liability of Pelstar and Its Licensors and Partners
The use of the Site or the Site Information is at your own risk.  The Site Information in this Site could include technical inaccuracies or typographical errors.  Pelstar may make changes or improvements at any time.
THE SITE INFORMATION IN THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PELSTAR DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  PELSTAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  PELSTAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE INFORMATION IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  YOU (AND NOT PELSTAR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
PELSTAR ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY PELSTAR, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY.

Indemnity
You agree to defend, indemnify, and hold Pelstar, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Site Information, or your violation of these Terms of Use.

General
Pelstar makes no claims that the Site Information is appropriate or may be downloaded outside of the United States of America.  Access to the Site Information may not be legal by certain persons or in certain countries.  If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Applicable Laws
These Terms of Use are governed in accordance with the laws of Illinois, United States of America, without regard to its conflict of law provisions.  You and Pelstar hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Illinois for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Take Down Procedures
If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Pelstar (address identified below) and providing the following information:
• Identification of the copyrighted work that you believe to be infringed.  Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the Submission that you believe to be infringing and its location.  Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
• Your name, address, telephone number, and (if available) email address.
• A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
• A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

Our address for copyright issues relating to this Site is as follows:
Pelstar LLC d.b.a. Health o meter Professional Scales
9500 West 55th Street
McCook IL 60525-7110
Attention: Copyright
In an effort to protect the rights of copyright owners, Pelstar maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.
Complete Agreement
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Pelstar on this Site, or contained in a separate license agreement or terms of use related to certain software, these Terms of Use, including Pelstar’s Privacy Policy, constitute the entire agreement between you and Pelstar with respect to the use of the Site and Site Information.

Contact Us or call us at 1 (800) 815-6615