GENERAL TERMS AND CONDITIONS OF USE
THIS SITE AND RELATED PRODUCTS AND SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
1. Restrictions on Use.
1.1 All pages within this Website and any material made available for download (collectively, the “Site”) are the property of Merideth Mehlberg International LLC (“Company”) and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified or distributed in any form without the express written permission of Company. You shall only use the Site for your own personal use. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
1.2 Any rights not expressly granted by these Terms and Conditions are reserved by Company.
2. Trademark and Copyright.
All postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Site (including without limitation the names “Merideth Mehlberg”, “Merideth Mehlberg International LLC”, meridethmehlberg.com, and all of Company’s logos on the Site) are subject to trademark, service mark, copyright and/or other intellectual property rights or licenses held by Company.
3.1 THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE OR PRODUCT, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES OR PRODUCTS, AND HYPERLINKED WEBSITES.
3.2 IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, MEMBERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, “COMPANY PARTIES”) BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN OR RELATED TO THE SITE, AND/OR ANY HYPERLINKED WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES OR LOSSES RELATED TO (A) THE USE OR INABILITY TO USE THE PRODUCTS, SERVICES OR ACCESS CONTENT, (B) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RELATED TO ANY TRANSACTION ENTERED INTO THROUGH THE SERVICES OR FROM COMPANY, (C) THE UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS OR COMMUNICATION OR DATA, (D) STATEMENT OR CONDUCT OF ANY THIRD PARTY, OR (E) ANY OTHER MATTER RELATED TO ANY SERVICES OR PRODUCTS OR CONTENT EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY AND THE COMPANY PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THIS SITE, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
3.3 Although Company attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the Site may be changed or updated without notice. You agree that Company has no responsibility or liability for the deletion or failure to store any information or materials maintained or transmitted to or by the Site (including any information or materials sent to Company by you). You acknowledge that Company reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice, and that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
4. Purchase of Products From Company.
4.1 These Terms and Conditions apply to the purchase and sale of products and/or services through the Site. By placing an order for such products and/or services, you agree to be bound by and accept these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not obtain products or services from this Site.
4.2 All prices for products ordered through this Site are subject to change without notice. All orders are subject to prices in effect at the time an order is received by Company. No order is considered valid until confirmed in writing by Company (whether by email or otherwise). Payment must be received by Company prior to Company’s acceptance of an order as Company does not accept orders payable C.O.D. Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, Company will do its best to cancel the order if requested. Company is a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on the Site. Company makes every effort to maintain the availability of the Site. However, should Company experience technical difficulties, Company is not responsible for orders that are not processed or accepted.
4.3 Sales and other applicable taxes will be added to all orders as required, including orders sold to out of state customers and shipped within the State of California. Delivery to initial carrier shall constitute delivery to you, as a buyer, and risk of loss shall pass to you upon Company’s delivery to the carrier. It is essential for you to inspect each shipment carefully upon arrival and to immediately notify Company and the freight carrier in writing if any damage is found. Company will do its best to assist you in any claims made necessary against the carrier. All sales are final and no refunds are allowed after you have received a product, provided that defective products may be returned for replacement within 15 days of delivery by contacting Company at (510) 864-0249 to obtain a Return Merchandise Authorization (RMA) number before returning any product. No returns of any type will be accepted without an RMA number.
6. Confidential and Proprietary Information.
Company does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Company through the Site will be deemed NOT to be confidential. By sending Company any information or material, you grant Company an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Company is free to use any ideas, concepts, know-how, or techniques that you send Company for any purpose.
7. No Spam Policy. You understand and agree that sending unsolicited email advertisements to Company email addresses or through Company computer systems, which is expressly prohibited by these Terms and Conditions, will use or cause to be used servers located in California, USA. Any unauthorized use of Company computer systems is a violation of these Terms and Conditions and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
8. Links or Pointers to Other Sites. Company makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Company website, please understand that it is independent from Company, and that Company has no control over the content on that website. In addition, a hyperlink to a non- Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
9. Indemnity. You agree to indemnify and hold Company, its managers, its members, its subsidiaries, and its affiliates, and their respective managers, members, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Site or through the Site causes Company to be liable to another party.
10. Termination of Service. You agree that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content (including any information or material submitted by you) within the Site, for any reason, including, without limitation, if Company believes that you have acted inconsistently with the letter or spirit of these Terms and Conditions. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site after said termination. Sections 2, 3, 4, 6, 9, 11, 13 and 15 shall survive termination of these Terms and Conditions.
11. Choice of Law and Venue. These Terms and Conditions are entered into in California, USA and shall be governed by and construed in accordance with the laws of the State of California, USA exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Alameda in California, USA, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. Any cause of action brought by you against Company or the Company Parties must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
12. Force Majeure. In addition to any excuse provided by applicable law, Company shall be excused from liability for non-delivery or delay in delivery of products and service available through the Site arising from any event beyond Company’s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Company’s reasonable control, whether or not similar to those which are enumerated above.
13. Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Company regarding the use of the Site. In its sole discretion, Company may modify these Terms and Conditions by posting the revised version on this Site. You agree to be bound to any changes to these Terms and Conditions when you use this Site after any such modification is posted. It is therefore important that you review these Terms and Conditions regularly to ensure that you are updated as to any changes.
14. No Unlawful or Prohibited Purpose. As a condition of your use of this Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions at any time.
15. Other. These Terms and Conditions are accepted upon your use of the Site and are further affirmed by you registering as a user of the Site. The failure of Company to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions operate to the fullest extent permissible by law. If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.