Certain sections of, or offerings from, the Site may require you to register a user profile. If registration is requested, you agree to provide us with accurate, complete registration information, including your full legal name and other necessary and accurate contact information. You may not register on behalf of any other person or entity. We do not permit any individual to (a) register under another individual’s name; or (b) to access the Site using a single name which has been distributed to multiple users on a network. Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
This Site may offer online capabilities to purchase products and services. You must be 18 years of age or older to make any such purchases, and by ordering a product from our Site, you are representing that you are 18 years of age or older. Please note that we make every effort to display as accurately as possible the products we offer through this Site, however, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment; therefore, we cannot guarantee that your equipment will accurately display the details of our products. You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products from our Site. You are also responsible for paying all postage and handling charges relating to your online purchases and for insuring your purchases.
When you come to an oral or written agreement with Home Grown Manufacturing you agree to pay the required nonrefundable deposit of a predetermined amount. This designated amount goes into employee labor and/or material costs in order to make your product. The reason this is nonrefundable is to ensure employees receive adequate compensation and Home Grown Manufacturing does not end up with erroneous amounts of unusable start product.
While Home Grown Manufacturing encourages all product holders (customers) to ensure the validity of their products before submission, we are not liable for any flaws, imperfections, or other errors made by your pattern makers, designers, or other third party entities. If and only if you pay for our pattern making services can we be held liable for issues concerning your pattern(s). This being said if we receive a pattern or design, whether from the customer or a third party entity acting on behalf of the customer, we will assume that the pattern is accurate and ready for a production run. Sampling of products can be produced at the request of the customer for a predetermined amount. If a sample is produced from an already made product this does not validate a customer’s product, it should only be used to ensure confidence in Home Grown Manufacturing’s ability to produce similar products. The only way to ensure a customer’s product is to receive their actual pattern and produce samples from that.
If your product requires different sizes and you only submit one size of your pattern you are agreeing to an additional charge for grading your pattern. Once the grading fee is assessed Home Grown will supply the customer with one product of each size to ensure the product’s accuracy. IF THE CUSTOMER DOES NOT PAY FOR THE GRADING BUT STILL WISHES TO CONTINUE THE PRODUCTION RUN THEY ARE AGREEING TO A BLIND RUN WHICH COULD RESULT IN AN INABILITY TO PRODUCE THEIR PRODUCT OR INACCURATE SIZING OF THEIR PRODUCT. HOME GROWN MANUFACTURING WILL NOT BE HELD LIABLE IN ANY ASPECT FOR A BLIND PRODUCTION RUN.
If at any time your pattern is deemed unusable or unable to be made based off of our pattern makers we will go to a third party of our choosing to confirm or deny our issues before canceling your product run. If they, the third party, come to an unbiased agreement with our pattern makers, production will be halted and you will be informed of the reasoning behind the cancelation of the run. If this happens the only thing Home Grown Manufacturing can be held liable for is the return shipping of all REMAINING ‘start product’. Start product is categorized as any uncut, unmarked, merchandise still in its original packaging that you, the customer, has purchased for the intent to produce your product.
If our third party source disagrees with our pattern makers we will contact you explaining the situation and make every attempt to fix the issues with our production style. If we cannot find a solution to rectify your pattern with our production style we will contact you again explaining the situation and come to an agreement as to how to pay for losses. Any and all agreements will be null and void if:
1. The agreement is NOT signed by the owners of both companies
2. The agreement is NOT signed in the presence of a notary on both sides
3. The agreement SUPERSEDES the amount paid to Home Grown Manufacturing from the customer
We understand that many patterns are coming from foreign countries and encourage all customers to consult a translator, before sending us your patterns, to translate your patterns into English. While we staff employees who speak Tagalog, Chinese, Mandinkan, and Spanish, these services are only at your disposal if you use our pattern making services OR an agreement is reached between Home Grown Manufacturing and the customer.
Color discrepancies are a plague in this industry. From inaccurate dye lots, to the misinformation of the individuals or customers producing the product. At Home Grown Manufacturing we do our best to ensure consistency between products but we can only work with what is available. We will notify the customer of any color issues, fabric textures, etc. as they arise.
Most importantly we are not Asia. By using Home Grown Manufacturing you understand that, often times, we cannot produce products at the same price as our foreign competitors. We try our best to match or beat them, but if your product is labor intensive you understand that labor in the USA is much more expensive than that in countries where there is no regulated minimum wage, minimum age restrictions, and other federal mandates that prohibit us from taking advantage of our staff. This being said we strive to not only provide a livable wage to our employees but provide the best facilities and resources for them. We appreciate your willingness to aid us in our goal of changing the face of manufacturing.
This Site contains material which is our property or the property of third parties who have granted us the right to use such materials on our Site. All material posted on our Site is protected by United States and international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way material from this Site, including code and software underlying this Site. You may download content from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and obtain our express written consent. Any unauthorized use of content terminates the foregoing rights. E-mail submissions transmitted over the Internet may not be secure. Please consider this fact before sending any information to us that may be personal or confidential.
Disclaimer of Warranties and Limitation of Liability:
Neither HOME GROWN MANUFACTURING nor any of our Affiliated Parties shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond our control.
THE AGGREGATE LIABILITY OF HOME GROWN MANUFACTURING AND OUR AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, SERVICES, INFORMATION, CONTENT AND MATERIALS, AND DOCUMENTS PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100.00 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. THE ONLY EXCEPTION IS IN REGARDS TO THE MANUFACTURING AGREEMENT LISTED ABOVE.
Please note that some jurisdictions may not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the foregoing exclusions may not apply to you. Check your local laws for restrictions or limitations.
License to Submitted Content:
Any material, information, feedback, or idea that you send to us via the Site is deemed to be a grant by you to Home Grown Manufacturing of a royalty-free, perpetual, nonexclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, create derivative works from, publicly perform or display any such communication, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing license shall include the right to exploit any property rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You warrant that all publicity rights and “moral rights” in your submissions have been waived.
We use security protocols which are standard and recommended in the technology industry to protect data stored on our Site and to secure transmission sent between us and you. However, despite these safety measures, no data stored online or transmitted over the Internet or a wireless network connection can be guaranteed to be 100% secure. Accordingly, while we strive to protect the data you transmit to us via email and personal information you may provide to us, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through our Site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. Home Grown Manufacturing hereby disclaims all liability and responsibility for any damages to you which are caused by any of the foregoing events if such events were unforeseeable or beyond our reasonable control despite our implementation of industry standard security measures.
Privacy and Children's Information:
We do not knowingly collect any personally identifiable information from any users under the age of 13 or from users between the ages of 13 and 18 and we have no reason to believe that any children under the age of 18 would be attracted to our Site or have reason to submit any personally identifiable information to us. This Site is targeted to and designed for adult users over 18 years of age. If you transmit any information to us, regardless of the purpose of such transmission, you are representing to us that you are over the age of 18.
Jurisdiction, Venue, and Alternative Dispute Resolution:
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
B. A description of the copyrighted work that you claim has been infringed;
C. A description of where the material that you claim is infringing is located on the Site;
D. Your address, telephone number, and email address;
E. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
F. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at firstname.lastname@example.org.