[Last Revised August 21, 2022]

Welcome to HM Squared Tech. The HM2Tech.com website and any HM Squared Tech social platforms are collectively the “HM Squared Tech Properties” and each individually is a “HM Squared Tech Property.” By using any HM Squared Tech Property and its related services, products, and software to (i) purchase services, products, and software, or (ii) apply for available financing options to be used to purchase services, product and software, you agree to be bound by these terms and conditions (“Terms”). You also accept the Terms when you create an account, make a purchase as a guest, or log in to any HM Squared Tech Property. Additional or separate terms may apply to your interactions with other HM Squared Tech websites, HM Squared Tech locations, and to your use of individual services or features available on a HM Squared Tech Property, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of the additional terms will govern. References to “HM Squared Tech,” “HM2Tech,” “our,” “we,” or “us” may refer to HM Squared Tech LLC. We may make changes to any HM Squared Tech Property and the Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use the HM Squared Tech Properties.

THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.  PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.

Privacy

Your use of the HM Squared Tech Properties is subject to our Privacy Policy. Please review the policy for more on how we collect and use information.

Information on Our Site

We try to be as accurate as possible with the information we present on the HM Squared Tech Properties. We will make reasonable efforts to accurately display the attributes of the products and services we sell. We do not warrant that products and services descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change, and may vary. We cannot confirm the availability or price of products and services until you place your order. Despite our best efforts, sometimes products and services in our catalog and website may not be available, the offer may have been misstated, or products and services may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.

Paying for Your Order

Generally, we’ll charge your payment method for products and services after we complete the initial repair. Any additional products and services will be charged upon necessary services. In special circumstances we will charge you prior to the services performed. Special circumstances will be decided by the service technician at the time of the service.

Order Confirmation

Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.

User Generated Content: Reviews, Comments, Communications, and Other Content

You may interact with the HM Squared Tech Properties in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and email communication. You hereby grant HM Squared Tech a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow HM Squared Tech to feature text, images and videos shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted through our Reviews and Ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.

Disclaimers and Limitation of Liability

HM Squared Tech PROVIDES THE HM Squared Tech Properties AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE HM Squared Tech Properties ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY HM Squared Tech Property WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.

ANY WARRANTY ON ANY PRODUCT IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HM Squared Tech WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY HM Squared Tech Property OR ANY PRODUCT OR SERVICE PURCHASED THROUGH A HM Squared Tech Property. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH A HM Squared Tech Property OR HM Squared Tech GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.

Links to Third-Party Websites

The HM Squared Tech Properties contain links to other sites operated by third parties (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. HM Squared Tech does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on a HM Squared Tech Property does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Terms. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Export

Certain software or other materials (“Software”) that you may obtain through the HM Squared Tech Properties may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restriction, law, or regulation.

Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the HM Squared Tech Properties only for lawful purposes. Activities including, but not limited to, tampering with any HM Squared Tech Property, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the HM Squared Tech Properties are prohibited.

You may not violate or attempt to violate the security of the HM Squared Tech Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any HM Squared Tech Property for unintended purposes or trying to change the behavior of any HM Squared Tech Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any HM Squared Tech Property, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of HM Squared Tech (impersonating HM Squared Tech) or to any HM Squared Tech Property (impersonating as a legitimate user). You may not send unsolicited or unauthorized email on behalf of HM Squared Tech, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any HM Squared Tech Property or any activity being conducted on any HM Squared Tech Property. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any HM Squared Tech Property other than the search engine and search agents we provide and generally publicly available browsers.

Dispute Resolution by Binding Individual Arbitration

ANY DISPUTE INVOLVING YOU AND HM Squared Tech OR ANY OF ITS AGENTS MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS FOLLOWS:

• ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; AND

• ANY DISPUTE TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.

“Dispute” shall be interpreted broadly and cover any claim or controversy arising out of or relating in any way whatsoever to your relationship or interaction with HM Squared Tech, its agents, and its present and future subsidiaries, affiliates, and designees; whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Examples of relationships or interactions giving rise to a covered claim include, without limitation: (1) your use of HM Squared Tech’s websites; (2) your membership in any HM Squared Tech loyalty or rewards program or subscription-based services (3) your receipt of delivery, repair or installation services or consultation services provided by HM Squared Tech or its agents; (4) any communications between you and HM Squared Tech.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.

Before either Party may initiate an arbitration proceeding, you and HM Squared Tech agree to engage in a good faith effort to resolve the Dispute informally for 60 days, unless that time is extended by agreement.  If you intend to initiate an arbitration proceeding, you must first send a fully completed notice of your Dispute (the “Notice”) to HM Squared Tech. The Notice must include your name and contact information (address, telephone number, and email address) and information sufficient to enable HM Squared Tech to identify any transaction at issue.  The Notice must also include a detailed description of (1) your Dispute; (2) the specific facts supporting your claim(s); (3) the nature and basis of the damages you claim to have suffered; and (4) a calculation and explanation of the relief sought.  Your Notice shall be personally signed by you and sent to HM Squared Tech. If HM Squared Tech intends to initiate an arbitration proceeding, it will send a Notice to you at the contact information we have on file. If requested by HM Squared Tech as part of this mandatory informal dispute resolution process, you agree to personally participate (along with your counsel, if you are represented) in a telephone conference to discuss the potential resolution of the Dispute between you and HM Squared Tech.  If the Dispute is not resolved within 60 days after receipt of the Notice (or the longer period agreed to by the Parties), you or HM Squared Tech may proceed with individual arbitration (this informal process is a condition precedent to doing so.).  If the sufficiency of a Notice or compliance with this mandatory informal dispute resolution process is at issue, it may be decided by a court at either Party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue.  A court shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in this informal process.

If the Parties are not able to resolve the Dispute through the mandatory informal dispute resolution process referenced above, either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the nature and basis for the claim and includes all of the information required in the Notice.  The Party initiating arbitration must include as part of the demand a personally signed certification of compliance with the informal dispute resolution process. You may serve a copy of a demand to HM Squared Tech. The arbitration will be governed by the AAA’s applicable Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by these Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at http://www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Dispute Resolution section, another arbitration provider shall be selected by the Parties that will administer the arbitration consistent with it.  If the Parties cannot agree on a provider, one shall be selected by a court that will administer the arbitration consistent with this Dispute Resolution section.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules; however, HM Squared Tech will consider reimbursing the consumer portion of the AAA fees upon a showing of financial hardship.

The Parties shall be responsible for their own attorney’s fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim or proceeding was frivolous or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after entry of the award. 

You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or at an in person hearing in the county where you live or at another mutually agreed upon location.  HM Squared Tech reserves the right to request a hearing from the arbitrator.  You agree to personally appear at any in person hearing (along with your counsel if you are represented).   

YOU AND HM Squared Tech AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and HM Squared Tech agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that a claim for public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the Parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.

This paragraph sets forth additional procedures that apply to mass arbitrations.  If twenty-five (25) or more similar claims are asserted against HM Squared Tech by the same or coordinated counsel or are otherwise coordinated, you understand and agree that these additional procedures apply and that the resolution of your Dispute might be delayed.  Counsel for the claimants and counsel for HM Squared Tech shall each select fifteen (15) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process.  Each of these thirty (30) cases shall be assigned to a different arbitrator.  The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of this bellwether process. If the Parties are unable to resolve the remaining cases after the conclusion of the initial thirty (30) proceedings after conferring in good faith, each side shall select another fifteen (15) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. Each of these thirty (30) cases shall be assigned to a different arbitrator.  The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the Parties agree otherwise. Identical sets of arbitrators shall not be assigned to sets of bellwether proceedings.  This staged process shall continue with thirty (30) cases in each set of bellwether proceedings, consistent with the parameters identified above, including that the remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed, until all the claims included in these coordinated filings, including your case, are adjudicated, settled, or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to these additional procedures that apply to mass arbitrations from the time of the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved.  You and HM Squared Tech agree to engage in this process in good faith. A court shall have the authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against HM Squared Tech.

If for any reason a claim may proceed in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.

This dispute resolution provision shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, any membership programs or subscription services and your relationship with HM Squared Tech. Any amendments to this dispute resolution provision shall not affect any then active or pending arbitration proceeding.

Applicable Law

THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF MINNESOTA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES AGAINST HM Squared Tech.

Additional Policies

The following policies also govern your use of the HM Squared Tech Properties and are incorporated by reference into the Terms:

• Returns & Exchanges

• Services, Plans & Subscriptions

Termination of Use

We may, in our sole discretion, terminate your account or your use of the HM Squared Tech Properties at any time. You are personally liable for any products and services that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any HM Squared Tech Property at any time without prior notice.

Use of the HM Squared Tech Properties

You may use the HM Squared Tech Properties for your personal, noncommercial use only. You may not use any HM Squared Tech Property if you are under the age of 13. If you are between the ages of 13 and 18, you may use the HM Squared Tech Properties only with involvement of a parent or guardian.