TERMS & CONDITIONS
Your access to Mellisa B Naturally, Inc’s web site, hereafter MBN, is subject to the following Terms & Conditions. These Terms & Conditions constitute a binding agreement between MBN and you. Periodically, these Terms & Conditions may be updated without notice to you. It is your responsibility to periodically review these Terms & Conditions for applicable changes. Your using the web site after our posting of any changes to these Terms & Conditions will constitute your acceptance of those changes. Questions about these Terms & Conditions, should be directed to email@example.com. Should you disagree with any changes, you should immediately cease using the MBN web site.
Information you provide voluntarily via our online forms is kept in the strictest confidence and is intended for use by MBN or MBN suppliers as may be needed.
We ask for your name, address and contact information so we can send you your order or respond to your request for information, and so we can contact you if we have a question about your order or request. Credit card information may be supplied to the company or companies who process your credit card payment. We do not share any other information with third parties, except in the case of contact or order information needed to fulfill your order or answer your request. We do not share or sell email addresses.
For questions, comments or assistance with any privacy-related issues, we invite you to contact us at firstname.lastname@example.org.
Your Use of MBN’s Web Site:
You may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit MBN’s web site (or any portion of it), unless you have MBN’s express written permission to do so. You may only use MBN web site in accordance with these Terms & Conditions and all applicable laws, rules, and regulations. In the event MBN believes that you have failed to comply with all terms applicable to your use of MBN web site, you agree that MBN has the right, in its sole discretion and without notice, to restrict your access to this or any other MBN site. MBN may also, in its sole discretion and at any time, discontinue any MBN web site, or any part thereof, with or without notice. You agree that you do not have any rights in MBN web site and that MBN will have no liability to you if the MBN web site is discontinued or your ability to access MBN web site is terminated.
Communications with MBN:
You consent to receipt of electronic communications from MBN, and agree that all agreements, notices, and other disclosures communicated to you by MBN electronically (whether by electronic mail, by posting at this web site, or by other electronic means) satisfy any legal requirement that such communication be in writing.
Your communications with MBN, including transmission of order requests, submission of testimonials, or the uploading of images, constitute electronic communications. You grant to MBN a perpetual, irrevocable, worldwide, non-exclusive, transferable, royalty-free right to use all information and materials that you submit to us, including the right to exercise copyright and publicity rights, in any media, in connection with MBN web site.
Disclaimers You acknowledge and agree that:
A. YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. ANY FEATURES AVAILABLE THROUGH OUR WEB SITE ARE PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS. MBN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Because our web site is provided to you AS IS, you agree that MBNshall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications or other information you submit using our web site. Because our web site is provided to you AS AVAILABLE, you agree that MBN shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the MBN web site or of your ability to access it.
B. MBN also disclaims any warranty that (i) our web site will meet your requirements, (ii) our web sites operation will be uninterrupted, timely, secure, or error-free, and (iii) any information or communication that may be obtained from the use of our web site will be accurate or reliable (and MBN disclaims any liability for damages that may arise from your reliance on any such information or communication) or are free of viruses or other harmful components.
C. You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through our web site. MBN shall have no liability for any damage to your computer, including loss of data, that results from your downloading any such materials.
D. MBN shall not be responsible for any order request if it is received in an unintelligible or garbled form. However, MBN will make reasonable efforts to notify the sending party (if the sending party is identifiable from the received order request) that the order request was unintelligible or garbled. Some states do not allow the disclaimer of implied warranties, so this provision may not apply to you.
Limitation of Liability:
YOU AGREE THAT MBN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF MBN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM: (a) YOUR USE OF OR INABILITY TO USE MBN WEB SITE (b) THE COST YOU INCUR TO SUBSTITUTE FOR ANY GOODS YOU PURCHASED THROUGH MBN WEB SITE (c) ACCESS TO OR ALTERATION OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MANNER (d) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE MBN WEB SITE, INCLUDING OUR ADVERTISERS AND BUSINESS PARTNERS OR (e) ANY OTHER MATTER RELATING TO THE MBN WEB SITE. Some states do not allow the limitation of liability, so this provision may not apply to you.
You agree to defend, indemnify, and hold MBN harmless from and against all losses, costs, damages, liabilities, and expenses (including reasonable attorneys fees, court costs, and other litigation and arbitration expenses) (Losses) related to or arising from: (a) negligent acts or omissions or intentional misconduct with respect to your use of the MBN web site or goods purchased from the MBN web site or (b) claims for infringement of the proprietary rights of any third party resulting from your use of the MBN web site or goods purchased from the MBN web site in violation of these Terms & Conditions.
Term and Termination:
These Terms & Conditions are effective upon your acceptance signified by your using the site and shall continue until terminated in accordance with this Section. Either party may terminate these Terms & Conditions at any time upon thirty (30) days prior written notice. MBN also reserves the right to terminate its relationship with you at any time. Upon termination of these Terms & Conditions, you shall immediately cease accessing the MBN web site except to the extent necessary to effectuate any of your obligations or rights arising under any orders that are intended to continue beyond such termination. In the event collections proceedings or legal action become necessary, you agree to pay all of MBN costs and fees incurred, including attorney’s fees.
The content that MBN provides on our web site, including, but not limited to, text, graphics, images, and logos, is owned by either MBN or the party that has provided the content to us and is protected by U.S. and international copyright laws. MBN is the sole and exclusive owner of its compilation of this content on our web site, and this compilation is also protected by U.S. and international copyright laws. Unpermitted copying of any of this content could lead to copyright infringement.
MBN, and other logos, slogans, and product and service names used on this site are trademarks owned by MBN, its subsidiaries, or its affiliates. You agree not to display or use such trademarks, in any manner, without the written permission of MBN. Trademarks and trade names of third parties are the property of those third parties, and are used by MBN subject to license, or subject to the fair use provisions of U.S. trademark law.
You agree that these Terms & Conditions describe the entire agreement between us with respect to its subject matter. MBN web site was created and is operated under the laws of the State of New Jersey. The laws of the State of New Jersey will control the Terms & Conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. Any cause of action arising out of these Terms & Conditions shall be determined in the federal and state courts sitting in the State of New Jersey. If a court of competent jurisdiction finds that any provision of these Terms & Conditions are invalid or unenforceable, we both agree that the other provisions of these Terms & Conditions will remain in full force and effect.
You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the MBN web site or these Terms & Conditions more than one (1) year after such claim or cause of action arose.
MBN will not be liable to you or be deemed to be in breach of its obligations hereunder for any delay or failure in performance caused by acts beyond MBN reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labor disputes, mechanical breakdown, shortages or delays in obtaining supplies, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.