Terms and Conditions
These Terms and Conditions (these “Terms and Conditions”) shall govern the relationship with all visitors to merktinc.com (the “Site”) and with all purchasers and users of products from Merkt, Inc. (“MEI”). By clicking “I ACCEPT” below, by visiting or otherwise accessing the Site, or by purchasing or using the products offered by MEI (the “Products”), you agree to these Terms and Conditions.
Throughout these Terms and Conditions, “you” applies to both individuals and entities that access or use the Site or purchase or use any Products. If you are an individual using our Site or purchasing or using our Products on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Terms and Conditions and that by using our Site or purchasing or using our Products, you are accepting the Terms and Conditions on behalf of that entity.
If you do not agree with these Terms and Conditions, do not visit or access the Site and do not purchase any Products. If you do not agree to be bound by these Terms and Conditions as published by MEI from time to time, your sole and exclusive remedy is to discontinue visiting and accessing the Site and discontinue purchases of the Products.
- Site. The Site is provided for the purposes of providing information. This site may also allow visitors to purchase Products (when that functionality is added to the site). All content including, but not limited to, all copyrights, trademarks, and service marks on the Site are the sole property of MEI and its suppliers. No licenses or rights are granted, assigned, or transferred in any manner to any other person as a result of access to the Site. Except for content expressly allowed for download on the Site, you may not download or use all or any portion of the content of the Site. In addition, you may not modify or copy the content, use the content for any commercial purpose, publicly display the content, remove any copyright or other proprietary notations, transfer the content to another person, or “mirror” the content in any way.
- Products. Purchase and use of the Products is subject to the Return Policy found [here] and Limited Warranty found [here].
- Prices. All prices, discounts, and promotions posted on this Site are subject to change without notice. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- Payment Terms. Terms of payment are within our sole discretion.. Without waiving any of our other rights or remedies, we may refuse additional orders and suspend any services until all overdue amounts are paid in full.
- Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Intellectual Property. MEI and its affiliates are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site.
- Your Account. If you create an account with MEI for the purchase of Products or for accessing certain information, you agree to provide us with complete and accurate information when you create such account. You are responsible for maintaining the security of your account, and you are fully responsible and liable for all activities that occur under your account. You will not share or misuse your account. You will immediately notify MEI of any unauthorized use of your account or of any other breach of security. MEI is not liable for any acts or omissions by you including any damages of any kind incurred as a result of such acts or omissions. If you are younger than the age of 18, you may not create an account with MEI.
- DISCLAIMERS. YOUR USE OF THE SITE IS IT AT YOUR OWN RISK. MEI IS PROVIDING THE SITE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MEI DOES NOT GUARANTEE THAT THE SITE WILL BE SAFE, SECURE, OR ERROR FREE. THE CONTENT ON THE SITE MAY INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. MEI DOES NOT WARRANT THAT ANY OF THE CONTENT ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT.
- Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL MEI BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), FOR ANY REASON.
Examples of such reasons include, without limitation, those damages resulting from any aspect of your use of this Site or any purchase or use of the Products, whether the damages arise from use or misuse of the Site or any Products, from inability to use the Site or any Products, from the interruption, suspension, modification, alteration, or termination of the Site or any Products, from any other action taken by MEI, or otherwise. The foregoing limitation shall apply regardless of the form of action and whether such action is in contract, breach of warranty, tort, negligence, strict liability, or otherwise. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. IN SUCH CASES, MEI’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You acknowledge that no data transmission on the Internet can be 100% secure. Consequently, you acknowledge and agree that all information sent to us (including any payment information or personal or confidential information) is done so at your own risk. Please be aware that MEI does not provide revised wiring or payment information by e-mail or telephone. If you receive any communication changing how you should pay or where you should send payment for products, please contact mei immediately at (phone no. ___________) to report such communication.
- Binding Effect; Assignment. Terms and Conditions are binding on and inure to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns. All rights and obligations hereunder shall not be assigned by you without the prior express written consent of MEI. All rights and obligations hereunder shall be assignable by MEI in its sole discretion.
- Severability. The provisions of these Terms and Conditions are severable, and the invalidity of any provision shall not affect the validity of any other provision.
- Governing Law. The rights and obligations of the parties hereto and any claims or disputes relating thereto shall be governed by and construed in accordance with the laws of the State of MIchigan without giving effect to the conflict of laws provisions thereof.
- Waiver. Any waiver by MEI or consent by MEI to any variation from any provision of these Terms and Conditions shall be valid only if in writing and only in the specific instance in which it is given, and such waiver or consent shall not be construed as a waiver of any other provision or as a consent with respect to any similar instance or circumstance.
- No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
- Modifications and Amendments. Although MEI may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version available on our website. MEI may, in its sole discretion, modify or revise these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions through your continued use of the Site or purchase of any Products. MEI may make changes to the content of the Site at any time without notice. MEI is not obligated to make any changes to the Site for any reason.