Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of HPMS, Inc. dba The Therapy Connection. The collective work includes works that are licensed to HPMS, Inc. dba The Therapy Connection. Copyright 2003, HPMS, Inc. dba The Therapy Connection ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with HPMS, Inc. dba The Therapy Connection or purchasing HPMS, Inc. dba The Therapy Connection products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with HPMS, Inc. dba The Therapy Connection or to purchase HPMS, Inc. dba The Therapy Connection products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by HPMS, Inc. dba The Therapy Connection. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of HPMS, Inc. dba The Therapy Connection used in the site are trademarks or registered trademarks of HPMS, Inc. dba The Therapy Connection
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, HPMS, Inc. dba The Therapy Connection disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HPMS, Inc. dba The Therapy Connection does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. HPMS, Inc. dba The Therapy Connection does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
HPMS, Inc. dba The Therapy Connection shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if HPMS, Inc. dba The Therapy Connection has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that an HPMS, Inc. dba The Therapy Connection product is out of stock or mistakenly listed at an incorrect price, HPMS, Inc. dba The Therapy Connection reserves the right to refuse to fill or cancel any orders placed for product listed at the incorrect price. HPMS, Inc. dba The Therapy Connection reserves the right to refuse or cancel any such orders whether or not the order has been confirmed. If your credit card has already been authorized or charged for the purchase and your order is refused or cancelled, HPMS, Inc. dba The Therapy Connection shall issue a credit to your credit card account in the amount charged when the order is cancelled. If your credit card has not been charged be advised that HPMS, Inc. dba The Therapy Connection is not responsible for authorization holds issued by buyer's credit card company.
NET30 Full Terms and Policies
Net 30 payment of entire invoice is required within 30 days of date of invoice. Late charges of 1.5% will be added monthly on balances over 30 days.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by HPMS, Inc. dba The Therapy Connection without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
HPMS, Inc. dba The Therapy Connection may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to HPMS, Inc. dba The Therapy Connection.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of HPMS, Inc. dba The Therapy Connection products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of HPMS, Inc. dba The Therapy Connection products) must be commenced within one (1) year after the claim or cause of action arises. HPMS, Inc. dba The Therapy Connection's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HPMS, Inc. dba The Therapy Connection may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on or about this site or HPMS, Inc. dba The Therapy Connectionsite, including via e-mail, chat, social media or by use of any public method, obscene or abusive language, is strictly forbidden. Impersonation of others, including a HPMS, Inc. dba The Therapy Connection or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the HPMS, Inc. dba The Therapy Connectionsite, or any affiliate HPMS, Inc. dba The Therapy Connectionsite any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the sites or use the site to solicit others to join or become members of any other commercial online service or other organization.
HPMS, Inc. dba The Therapy Connection does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, HPMS, Inc. dba The Therapy Connection is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, HPMS, Inc. dba The Therapy Connection reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to HPMS, Inc. dba The Therapy Connection in its sole discretion.
You agree to indemnify, defend, and hold harmless HPMS, Inc. dba The Therapy Connection, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, HPMS, Inc. dba The Therapy Connection may link to sites operated by third parties. However, even if the third party is affiliated with HPMS, Inc. dba The Therapy Connection, HPMS, Inc. dba The Therapy Connection has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HPMS, Inc. dba The Therapy Connection. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, HPMS, Inc. dba The Therapy Connection seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Official Sweepstakes Rules & Regulations
No purchase necessary to enter or to win. A purchase will not increase your odds of winning. All federal, state, local and municipal laws and regulations apply. Void where prohibited. The Sweepstakes is open to legal residents of the contiguous United States over the age of 18. Sweepstakes entry will be open from October 18, 2017 at 9:00 AM Eastern Time to 5:00 PM Eastern Time on October 25, 2017. Sponsor’s computer system is the official timekeeping device for the Sweepstakes. Entrants follow all applicable rules to enter. By entering, you agree to be bound by these Official Rules. This contest is sponsored by HPMS.com of 128 Rockingham Road, Windham, NH 03087.
Sweepstakes winners will be selected in a random drawing from among all eligible entries received by published sweepstakes deadline. At the end of the sweepstakes, one (1) winner will be randomly chosen from all eligible entries. Odds of winning depend on the number of eligible entries received. The prize(s) to be awarded to the winner will be one (1) Embrace Air Water Based Pillow and one (1) four ounce container of Motion Medicine Topical Remedy with a combined approximate retail value of $59.98. Prize(s) will be delivered to the winner via USPS. A list of winners will be available upon request to HPMS.com. To enter, visit our Twitter page at https://twitter.com/HPMS_Inc. In case of a dispute as to the identity of an entrant using the Internet, the authorized account holder of the email address associated with the form of social media used to enter the promotion at the time of entry will be considered the entrant.
By participating in the Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winner, and the awarding of any prize), which are final and binding in all respects. Entry and acceptance of a prize constitute permission to use each winner’s name, prize won, hometown and likeness for print publication, online posting, and any other promotional purposes without further compensation, except where prohibited by law. By participating in the Sweepstakes, you agree to release Sponsor and its parent companies, affiliates, subsidiaries, employees, directors, officers, and agents from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with the receipt, ownership, possession, use, or misuse of any prize. Sponsor is not responsible for technical, hardware or software failures, or other errors or problems which may occur in connection with the Sweepstakes, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes, in any Sweepstakes-related materials, or that may limit prize fulfillment or a participant’s ability to enter the Sweepstakes. Sponsor reserves the right to amend these Official Rules. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award prizes at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor may permanently disqualify from the Sweepstakes any person it believes has tampered with the entry process or intentionally violated these official rules.
Except where prohibited by law, by entering you agree that: (i) all issues and questions concerning the interpretation, validity, and enforceability of these Official Rules, or the rights and obligations of participants and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of New Hampshire, without regard to its rules on conflicts of law; (ii) any action at law or in equity arising out of or relating to this Sweepstakes, or awarding of any prize), shall be filed only in the state or federal courts located in the State of New Hampshire, and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action; (iii) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; (iv) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no event attorneys’ fees; and (iv) you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.