TERMS OF SERVICE
Effective Date: June 27, 2016
The following Terms of Service (these “Terms”) describe the terms and conditions on which [Muc-Off USA LLC. (sometimes referred to in these Terms as “Muc-Off”, “we” or “us”) offers you access to this website and any related website, application, service and mobile application on or to which these Terms are linked or referenced (collectively, the “Services”).
Before accessing and using the Services, please read these Terms carefully because they constitute a legal agreement between Muc-Off and you. BY USING THE SERVICES, YOU AFFIRM THAT:
✓ YOU HAVE READ AND UNDERSTAND THESE TERMS;
✓ YOU WILL COMPLY WITH THE TERMS; AND
✓ YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
IMPORTANT NOTE: These Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action. Please see “DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY” (Section 8) and “DISPUTE RESOLUTION” (Section 10) below for more information.
IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SERVICES.
1. CHANGES TO TERMS
The Effective Date of these Terms is set forth at the top of this webpage. As we add new features, we may need to modify these Terms. When we modify these Terms, we will update the Effective Date. Whenever possible, we also will provide you with advance written notice of material changes and ask you to agree to the amended Terms. We will not make changes that have a material retroactive effect unless we are legally required to do so. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of the Terms and agreements, notices or statements about the Terms.
2. ADDITIONAL TERMS
Certain Services may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such Services. These Terms and any additional terms will apply equally. If any additional term is irrevocably inconsistent with any provision of these Terms, the additional term will prevail but solely to the extent of the inconsistency.
3. INFORMATION PRIVACY
Please review our Privacy Statement which is incorporated by reference, to learn about the information that we collect and how we process it.
Without limiting the terms of our Privacy Statement, you understand that we do not and cannot guarantee that your use of the Services and/or the information provided by you through the Services will be private or secure. We are not responsible or liable to you for any lack of privacy or security you may experience. You are responsible for using the precautions and security measures best suited for your situation and intended use of the Services. We reserve the right at all times to disclose any information that we deem necessary to satisfy any applicable law, regulation, legal process or governmental request and otherwise as described in the Privacy Statement.
4. MUC-OFF CONTENT
The Services, including any information, graphic, artwork, text, video clip, audio clip, trademark, logo and other content provided on, in or through the Services, (collectively, “Muc-Off Content”) are owned by Muc-Off or its licensors and protected under both United States and foreign copyright, trademark and other laws.
Muc-Off grants to you a personal, nonexclusive, nontransferable and limited license (without the right to sublicense) to access and use the Services and download, print and/or copy Muc-Off Content solely for your own personal use and subject to these Terms. You acknowledge that the trade secrets and intellectual property embodied in the Services have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by Muc-Off.
These Terms and your use of the Services grant you only the limited rights described in these Terms. Nothing contained in these Services grants by implication, estoppel or otherwise, any license or right in or to Muc-Off’s trademarks, logos or service marks (“Marks”), patents, trade secrets or other intellectual property embodied in the Services. Unauthorized use of any of our Marks or our other intellectual property may violate law.
5. USING THE SITE AND/OR SERVICES
5.1. Eligibility: You must be the age of legal majority or older in your place of residence to use the Services.
5.2 Your Account: You are required to create an account (“Account”) to use certain features of the Services. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete or inaccurate information, you understand that we have the right to terminate your Account and use of the Services.
Please do not share your Account with anyone else. You are responsible for all use of your Account, including use by others to whom you have provided access to your Account. Access to any of the Services through your Account will be treated as authorized by you. You also are responsible for any use of your Account caused by your failure to secure your log-in credentials.
5.3. Your Responsibilities: You may use the Services for lawful, non-commercial purposes only. You may not use the Services in any manner that could damage, disable, overburden or impair Muc-Off’s servers or networks or interfere with any other party’s use and enjoyment of the Services.
You may not attempt to gain unauthorized access to the Services, other users’ Accounts or MucOff’s computer systems or networks through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to encourage or allow any third party to):
a. copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the Services or Muc-Off Content;
b. remove any copyright, trademark or other proprietary rights notice contained in the Services or Muc-Off Content;
c. use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
d. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any feature or functionality of the Services to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;
e. reformat or frame any portion of the web pages that are part of the Services;
f. create more than one Account under false or fraudulent pretenses;
g. collect or store personal data about any other user without his/her express prior written consent;
h. use the Services to send any unauthorized advertisement, junk mail or other unsolicited or unauthorized commercial or promotional content.
Muc-Off has the discretion to terminate your access to the Services without notice for any violation of the above rules.
You are solely responsible for any and all charges, fees and other costs related to use of the Services. If you access and use the Services on your smartphone, tablet or other mobile device, you must have wireless service through Wi-Fi or a participating mobile service provider. You agree that you are solely responsible for all message and data charges that you incur from your mobile service provider.
5.4 Submissions: Muc-Off may from time to time offer areas in the Services where you and other users can post or otherwise submit suggestions, ideas, notes, concepts or other information or materials to or through the Services (collectively, “Submissions”). By sending, posting or transmitting Submissions to Muc-Off (and/or our designees) or any area of the Services, you grant Muc-Off and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. In other words, Muc-Off has the automatic right to use your Submissions -- including reproducing, disclosing, publishing or broadcasting your Submission -- in any medium and for any purpose. Under no circumstances are you entitled to payment if Muc-Off uses one of your Submissions. All Submissions are deemed non-confidential and non-proprietary.
You are the owner of and are responsible for your Submissions. By posting a Submission, you represent and warrant that:
You acknowledge and agree that Muc-Off has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any Submission. Muc-Off takes no responsibility and assumes no liability for any Submission posted by you or any third party.
Muc-Off strongly encourages you not to disclose any personal information in your Submissions because other people can see and use the personal information in your Submissions. Muc-Off is not responsible for information that you choose to communicate via Submissions.
From time to time, we may offer you the opportunity to participate in discounts, offers or other promotions (collectively, “Promotions”). Promotions are not open to employees (and their immediate family members or members of the same household) of Muc-Off and its affiliates, agents and advertising and promotion agencies. You may not transfer, assign, sell, trade or barter any premium, prize or other benefit that you receive through Muc-Off’s Promotions. Unless required by law, any Promotion-related premium, prize or other benefit may not be combined with a benefit received in connection with any other Promotion. ANY PREMIUM, PRIZE OF OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM MUC-OFF, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.]
7. LINKS TO OTHER SERVICES
The Services may contain links to third-party websites and services, including social media (collectively, “Linked Services”). Linked Services are not under the control of Muc-Off and Muc-Off is not responsible for Linked Services or for any information or materials on or any transmission received from any Linked Services. You access Linked Services at your own risk. The inclusion of a link does not imply endorsement by Muc-Off of the Linked Services or any association with the operators of the Linked Services. Muc-Off does not investigate, verify or monitor the Linked Services. Muc-Off provides links to Linked Sites for your convenience only. Please check the URL address provided in your browser to see if you still are in the Services.
8. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION 8 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. Muc-Off warrants that Muc-Off has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Muc-Off specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Muc-Off does not warrant that (a) the Services will meet your requirements, (b) operation of the Services will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by Muc-Off or its authorized agents does not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
YOU AGREE THAT MUC-OFF IS NOT LIABLE (Y) FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF MUC-OFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ALSO AGREE THAT MUC-OFF IS NOT LIABLE FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN MUC-OFF’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO THE LESSER OF THE AMOUNT THAT YOU PAID TO MUC-OFF DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT THAT GAVE RISE TO THE LIABILITY AND $1,000.
You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that we would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
You agree to indemnify and defend Muc-Off and its directors, officers, managers, employees, affiliates and agents (the “Muc-Off Parties”) from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against Muc-Off by any third party arising from your use of the Services [,your Submissions] or any breach or violation of these Terms, the rights of a third party or applicable law. Muc-Off reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of Muc-Off may be made without Muc-Off’s prior written approval.
10. GOVERNING LAW; DISPUTE RESOLUTION
These Terms are governed by and construed and enforced in accordance with the internal laws of the [State of California, without giving effect to the principles of conflicts of laws of such state and are binding upon the parties hereto in the United States and worldwide. You and Muc-Off agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
YOU AND MUC-OFF AGREE THAT EACH MAY BRING claims against the other only on an individual basis and not as a plaintiff or clASS member in any PURPORTED class or representative action or proceeding.
Except where prohibited by law, any dispute between you and the Muc-Off Parties arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of these Terms to arbitration (collectively, “Covered Disputes”) will be settled by binding arbitration in the [State of Delaware] administered by the American Arbitration Association (“AAA”) in accordance with its rules (including its rules and procedures for consumer-related disputes) in effect on the date thereof (“AAA Rules”). Prior to initiating any legal action, the initiating party will give the other party at least 60 days’ advanced written notice. Muc-Off will provide such notice by email to the email address that you provided when you created your account and you must provide such notice to Muc-Off by email at email@example.com.
If, after the 60-day notice period ends, you decide to initiate arbitration, you must provide MucOff with a Demand for Arbitration as specified in the AAA Rules. (The AAA provides sample forms here.)
The AAA’s Rules govern all filing, administration and arbitrator fees. If, however, you are able to demonstrate that the costs of arbitration are prohibitive for you as compared to the costs of litigation, Muc-Off will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that any claim you assert in the arbitration is frivolous or brought for an improper purpose, you agree to reimburse Muc-Off for all fees associated with the arbitration that Muc-Off paid on your behalf which you otherwise would be obligated to pay under the AAA Rules.
A single arbitrator will be selected in accordance with the AAA Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.
If any provision of the agreement to arbitrate in this Section 10 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will a class, representative or private attorney general arbitration be permitted). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section 10, these Terms and related transactions are subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Please Note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against Muc-Off under the laws of any jurisdiction outside the United States are hereby waived, including any claim or action under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States according to the terms of this Section 10. This provision does not, however, apply if you are a consumer residing in a jurisdiction that requires us to use a legally competent court of the jurisdiction where you reside.
11. ELECTRONIC CONTRACTING
Your affirmative act of registering for or using the Services constitutes your electronic signature to these Terms, which includes our Privacy Statement, and your consent to enter into agreements with us electronically.
12. GEOGRAPHIC RESTRICTIONS
[The Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access the Services outside of the United States and that access may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.]
The Services may be subject to U.S. export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Services available outside the U.S.
These Terms automatically terminate when you fail to comply with any term or condition of them. Muc-Off may terminate or modify your access to the Services, with or without notice to you, at any time for any reason. For example, access to the Services may be denied without notice if Muc-Off believes that you are a minor.
Termination will not limit any of Muc-Off’s other rights or remedies. Sections 4, 8, 9, 10 and 16, as well as any other provision that must survive in order to give proper effect to the intent and purpose of these Terms, shall survive termination.
If you have any questions about these Terms or the Services, please contact us at firstname.lastname@example.org
You can also write to us at:
Muc- Off Ltd C/OSmart Warehousing,
10901 Hampshire Ave South
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