Terms

Our Terms of Service

Last updated: May 13, 2024

Overview

The Miami Corporation owns the website, and throughout the site, you will see the terms "we," "us," and "our" referring to The Miami Corporation. By using this website (tempotesthome.com), you agree to be bound by the following Terms of Service ("Terms"), which includes all policies, terms, and conditions stated here. The Terms apply to all site users, including vendors, customers, browsers, merchants, and anyone who contributes content to the site. By visiting our website, you engage in our "Service" and agree to be bound by all the policies and terms referenced herein and/or available by hyperlink.

Please carefully review these Terms of Service before accessing or using our website. By accessing or using any portion of the website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions outlined in this “Agreement”, you cannot access the website or use any services. If these Terms of Service are considered an offer, acceptance is explicitly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the latest version of our Terms of Service on this page. We reserve the right to update, modify, or replace any part of the Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page regularly for any changes. If you continue to use or access our website after we have posted any changes, you accept those changes.

A third-party e-commerce platform hosts our store. It provides us with an online e-commerce platform that allows us to sell our products and services to you.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature. 

Unauthorized access to password-protected, secure, or non-public site areas is strictly prohibited.

The Miami Corporation may take legal action against users who breach its Legal Terms and Conditions or applicable law, resulting in a threat to its interests. Consequences may include denial of service or revocation of Site access.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason. 

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided without express written permission from us.  

The headings in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Modification to the Service and Prices

We may change the prices of our products at any time without prior notice. Please note that we do not match prices with items on sale from other businesses. We reserve the right to modify or terminate the Service, or any part or content of it, at any time without notice. We will not be held responsible for any changes in prices, suspensions, modifications, or discontinuance of the Service, whether it affects you or any third party.

Section 5 - Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display the colors and images of our products in the store as accurately as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate. 

We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to change or discontinue any product without notice. Such product changes may affect saved information in online sales carts. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

Section 6 – Use of Tools Sold on the Site

Follow manufacturer instructions to use sewing and upholstery tools safely. Some products are unsafe for children. Be cautious when using heat tools, such as glue guns. For more information, refer to the instructions for the tool or product.

Section 7 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, household, or order at our sole discretion. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. 

You agree to provide current, complete, and accurate purchase and account information for all purchases at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed. 

Section 8 - Optional Tools

We may provide you access to third-party tools we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations, conditions, or endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also offer new services and features through the website (including releasing new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

Section 9 - Third-Party Links

Certain content, products, and services available via our Service may include third-party materials.

Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties. 

We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with any third-party websites. Please review the third-party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 10 - User Content, Feedback, and Other Submissions

The Miami Corporation wants to ensure you understand how we handle any information you provide through our website or social media. Our Privacy Policy outlines how we use and protect your personal information. Suppose you post any content, such as images, videos, or comments. In that case, you grant us a complete, royalty-free license to use, modify, and distribute your content worldwide without any compensation to you. We can modify, publish, and display the content in current or future media. Additionally, by submitting your material, you give up any moral rights you may have in the content, ensuring that we can edit and incorporate it as needed. You also agree to let other users view and use the content for personal purposes.

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:

1. To maintain any comments in confidence.
2. To pay compensation for any comments.
3. To respond to any comments. 

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service. 

You agree that your comments will not violate any third party's rights, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments you or any third party posted.

Section 11 - Personal Information

Submitting your personal information through the store is subject to our Privacy Policy.

Section 12 - Errors, Inaccuracies, and Omissions

Our website or service may occasionally contain information with typographical errors, inaccuracies, or omissions. This information may include product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to update and change information or cancel orders if any information on the service or related website is inaccurate without prior notice. This applies even after you have already submitted your order.

We want to inform you that we are not obligated to update, amend, or clarify the information provided through our Service or on any related website. This includes pricing information unless required by law. Any update or refresh date mentioned on the Service or any related website should not be considered a confirmation that all information provided has been modified or updated.

Section 13 - Prohibited Uses

Please see the following prohibited uses of the site or its content as outlined in the Terms of Service:

1. Using the site for any unlawful purpose.
2. Soliciting others to perform or participate in any unlawful acts.
3. Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
4. Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
5. Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
6. Submitting false or misleading information.
7. Uploading or transmitting viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
8. Collecting or tracking the personal information of others.
9. Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.
10. Using the site for any obscene or immoral purpose.
11. Interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet.

Please note that violating any of these prohibited uses may result in termination of your use of the Service or any related website.

Section 14 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that we may temporarily remove or cancel the service at any time without your notice.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall The Miami Corporation, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 15 - Indemnification

You agree to indemnify, defend, and hold harmless The Miami Corporation and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 16 - Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 17 - Termination

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Service are effective unless and until you or we terminate them. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Accordingly, we may deny you access to our Services (or any part thereof).

Section 18 - Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or with respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.

Section 19 - Governing Law

Our Terms of Service, along with any separate agreements, will be governed by Ohio law. Disputes will be resolved in Hamilton County Ohio state courts.

Section 20 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

At our sole discretion, we reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 21 - Returns

All sales on our website are subject to our Return Policy. If you have any questions about our Returns Policy, please email us at tempotesthomesales@miamicorp.com.

Section 22 - Order Confirmation

You will receive an order confirmation email as soon as you place your order. This means that we have received your order in our system and pre-authorized your credit card for the purchase.

As soon as we receive your order, we automatically contact our suppliers to confirm that it is in stock and available for immediate shipment. We will void the pre-authorization and email you if your item is on backorder or unavailable. If your item(s) are available for immediate shipment (within five business days), we will process the charges and submit the order for shipment.

Section 23 - Order Shipment

If your order is in stock and we process the charges to your credit card, it will ship within one business day. Orders made before 5:00 PM EST Monday to Friday are shipped that day. Orders placed after 5:00 PM EST are shipped the next business day.

We will send tracking information within 24 hours of your order leaving the warehouse to the email address you provide when checking out. If you do not receive tracking information from us within six business days of your order, feel free to follow up with us at tempotesthomesales@miamicorp.com. For more information, please visit our Shipping Policy.

Section 24 - Damages

Please inspect the packaging of your item(s) when they arrive; if you notice any damage, you should note it when signing for delivery. If your item(s) arrives damaged, please save all packaging materials and damaged goods and document them with images before filing a claim. The more documentation you have, the quicker your claim will be processed.

The Miami Corporation can help you through the damaged or lost package process. If your shipment is damaged or lost, please get in touch with our Customer Service Department at 800-543-0448 or our Contact Us page.

Section 25 - Cancellations

Please note that all orders canceled after 48 hours will incur a $25 administration fee, regardless of whether the order has been shipped. If the order has been shipped, you (the buyer) will also be responsible for the return shipping charges. Refunds will be credited to the original credit card used for payment.