WEBSITE AND CREDIT CARD TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER MKC WEB SITE(S) OR PURCHASING ANY PRODUCT OR SERVICES FROM SHOPMKC.
This Agreement (the “Agreement”) is made between MKC Global, LLC (hereinafter “MKC” or “the “Company,” “we” or “us”) and you. This Agreement sets forth the legal terms and conditions for your use of this web site and any other MKC web site(s) and for your purchase and/or use of any goods, services or in connection with the MKC business opportunity (collectively referred to hereinafter as, “Site Content”).
Your use of MKC’s web site(s), including all web pages (collectively, the “Site”) and all information, data, text, software, information, images, sounds or other materials (collectively, the “Content”) contained therein, or your use or purchase of any other Site Content confirms your acceptance of this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement.
If you are dissatisfied with the Site or other Site Content, your sole and exclusive remedy is to stop using the Site or other Site Content.
· We reserve the right at any time to:
· Change the terms and conditions of this Agreement; Enhance, add to, modify or discontinue the Site or other Site Content, or any portion of the Site or other Site Content, at any time at our sole discretion.
Any changes to this Agreement will be effective immediately upon notice, which may be provided to you via e-mail or by display on the Site (hereinafter, “Notice”). Your use of the Site or other Site Content after such Notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with its most current version.
The Site or other Site Content, in whole or in part, may be enhanced, modified or discontinued at our sole discretion. Any enhancements, additions or modifications to the Site or other Site Content will be subject to this Agreement.
You must obtain access to the Internet and pay any service fees associated with such access to use the Site. In addition, you must provide all equipment necessary for you to access the Internet. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service, and the Internet access service to your personal computer and for all related costs. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before you use them. We have no liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software.
3. RESTRICTIONS ON USE:
In consideration of your use of the Site, you represent and warrant that you are at least 18 years old. MKC products and the MKC Retailer opportunity cannot be offered, shipped into or sold in any country outside of the United States of America.
4. MKC CUSTOMER GUARANTEE
MKC guarantees the quality of any product sold through an MKC website. We are confident that our customers will find our products satisfactory in every way. However, if for any reason, a customer is not completely satisfied with any MKC product purchased from an MKC Retailer website, MKC offers a money back guarantee on products returned within 30 days from the date of sale. To be eligible for a refund or credit, the merchandise must be unopened (if a consumable), unused, and undamaged with original hangtags and labels attached. No refund or credit will be issued until said product has been received, reviewed, and logged back into inventory of the Brand owner. A credit will be issued to the original credit card used to make the purchase and may take up to 10 days to show a refund in your account once the return has been authorized.
This guarantee is limited only by the terms of certain specific warranties attached to or packaged with certain products and does not apply to any product intentionally damaged or misused.
5. USER CONDUCT
In using the Site, you agree: (1) not to disrupt or interfere with the security of, or otherwise abuse, the Site or any service, system resources, accounts, servers or networks connected to or accessible through the Site or linked websites; (2) not to disrupt or interfere with any other user's enjoyment of the Site or linked sites; (3) not to upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files; (4) not to use or attempt to use or access the personal account or personal information of another or create or use a false identity on the Site; and (5) not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access. Caching, unauthorized hypertext links to the Site and the framing of any contents available through the Site are prohibited. We reserve the right to disable any unauthorized links or frames.
6. ACCOUNT INFORMATION AND PASSWORD PROTECTION:
7. OUR PROPRIETARY RIGHTS
The Site and other Site Content and software used with the Site and other Site Content contain information that is protected by copyrights, trademarks, trade secret laws, service marks, patents and/or other proprietary rights and laws (collectively, “Intellectual Property Laws”). The Content contained within the Site or other Site Content is protected by Intellectual Property Laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or other Site Content, in whole or in part, unless authorized by us, in writing, to do so.
8. OWNERSHIP AND RESTRICTIONS ON USE
MKC owns and operates the Site and/or other Site Content in conjunction with others pursuant to contractual arrangements. You may not reproduce, copy, republish, upload, post, transmit or distribute materials from the Site or other Site Content in any way without our prior written permission. You may not modify any materials contained within the Site or other Site Content nor use any materials for any other purpose. You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site or other Site Content.
We grant you a limited, non-exclusive, non-transferable, non-assignable license to use the Content on the Site solely for the purpose of viewing the Site or other Site Content in the course of using the Internet. Subject to the foregoing license, you may not make a temporary or permanent copy of the Site or other Site Content for any purpose whatsoever, except as permitted in the MKC Policies and Procedures. We do not transfer the title to any Content to you. We retain all right, title and interest in all Content. You may not sell, resell, decompile, reverse engineer, disassemble or otherwise translate any of the software portions of the Site or other Site Content, except as provided for in the MKC Policies and Procedures. You may not transfer any portion of the Site or other Site Content to any third party.
MKC, our logo, and the name of the products produced, marketed, sold or distributed by the Company, are trademarks and/or service marks of MKC LLC. All other trademarks, service marks, and logos used on the Site or other Site Content are the trademarks, service marks or logos of their respective owners.
Although we attempt to maintain the integrity of the Site and other Site Content, we make no guarantee as to the accuracy or completeness of the Site or other Site Content. If you believe that you have discovered an error in the Site or other Site Content, please contact us at (800) 492-4995 or email us at Customer Service at info@ShopMKC.com and include, if possible, a description of the error, its URL location and your contact information. We will make reasonable efforts to address your concerns.
10. PROTECTING YOUR INFORMATION
MKC uses a secure server. The secure server software (SSL) encrypts ALL of the information you provide to us, including your name, address and credit card number, before it is sent to us so that it cannot be read as it travels to us over the internet. Once we receive it, all of the customer information we collect is protected against unauthorized access.
We do this by following these following steps:
· Firewall - MKC systems are protected 24 hours a day by a powerful firewall that blocks unauthorized entry. In order to gain access to authorized information, the Web browser you are using must know the proper protocol, or language.
· Encryption – While our entire web site is not encrypted, the transmittal of confidential data is encrypted. Confidential data is encrypted from the moment information leaves your computer to the time it enters our systems. We employ industry standard forms of encryption commercially available for use on the Web today.
· Password protected- Your MKC account is password protected.
· Employee access – We limit employee access to customer information to those who have a business reason to know this information.
Although we intend to take all reasonable steps to prevent the introduction of viruses and other destructive materials or hackers, we cannot and do not guarantee or warrant that this website, or materials that may be downloaded from this website, do not contain such destructive features. We are not liable for any damages or harm attributable to any of the foregoing.
MKC may share any of your information with companies that provide services to us, including companies that operate outside of the United States. MKC does not share your personal information with any outside companies or vendors EXCEPT those that are directly related to your MKC business. Any nonaffiliated companies that act on our behalf and receive personal information from us are contractually obligated to keep the information we provide to them confidential.
11. MAKING PURCHASES WITH YOUR CREDIT CARD
When you order products on the website, we need to know your name, email address, mailing address, credit card number, V-Code number and expiration date. This allows us to fulfill your order and to notify you of your order status. Again, for your protection and security, all of this information is encrypted before it travels over the internet.
In order to increase convenience and provide special services to frequent users of the website, we ask that you register. This registration is open to anyone who wishes to purchase product. To register, we ask you to provide your name, address, credit card billing information, shipping and billing information. We use this information to make using the website easier for users.
13. SHARING INFORMATION WITH THIRD PARTIES
MKC does not sell, trade or rent your information to any unrelated third party. We do not share customer information with outside parties who may wish to market their products to you.
There are other situations when we may disclose to third parties the customer information we collect as permitted by law. Third parties could include government entities, courts or other entities (in response to subpoenas and other legal processes), and those with whom you have requested us to share information. We may disclose the information we collect, with nonaffiliated third parties that are acting on our behalf, including companies that perform support services for us, such as shipping, product fulfillment, data processors, technical systems consultants and programmers.
14. LINKS TO OTHER WEBSITES
MKC’S website may contain links to other third party websites. These websites provide our customers with additional information and services that may make your MKC shopping experience more beneficial. All of these websites are owned and operated independently of MKC. Each of these websites have their own separate privacy and data collection policies. MKC has no responsibility or liability whatsoever for the independent actions or policies of these independent websites and is not responsible for the content or practices of such websites.
15. OPTING-OUT OF EMAILS
MKC collects email addresses at various points in the website. Most of these areas provide an opt-out option and are collected in separate databases. Providing your email address in most of these areas may be optional. If at anytime you wish to stop receiving any promotional email message from MKC, you may “unsubscribe” or opt-out.
16. YOUR CONSENT
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, designees, Independent MKC Retailers and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or in any way related to: your acts or omissions in connection with the Site or other Site Content;
· the acts or omissions of any person in connection with the Site or other Site Content using your account;
· your purchase or use of the Site or other Site Content and the purchase or use of the Site or other Site Content by any person using your account;
· breach of any provision of this Agreement;
· any allegation that any materials submitted to us, transmitted to us or through the Site or other Site Content infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
· violation of the rights of any party, including without limitation any claims of libel, defamation, violation of rights of publicity, trespass, and infringement of intellectual property or other proprietary rights.
If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle any claim or action.
19. TERMINATION; MODIFICATION
At any time and for any reason, we may terminate your use of and access to the Site or other Site Content. At any time and for any reason, we may modify or discontinue providing the Site or other Site Content, or any part thereof, with or without notice to you. No notice is required to effect any termination right of any party. You shall not hold us responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages due to our modification or discon-tinuation of the Site or other Site Content or our termination of your access to the Site or other Site Content.
20. UNITED STATES LAW
If you choose to access the Site or other Site Content from locations outside of the United States, you are responsible for compliance with local laws if, and to the extent that, such local laws are applicable. All software used on the Site or other Site Content is subject to U.S. export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We reserve the right, in our sole discretion, to limit the availability of the Site or other Site Content to any person, geographic area jurisdiction at any time.
21. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT MAKE ANY WARRANTY THAT YOUR USE OF THIS SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGES THAT MAY BE SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSSES FROM DELAYS, NONDELIVERIES OF CONTENT OR ANY COMMUNICATIONS, ERRORS, SYSTEMS DOWN TIME, MISDELIVERIES OR MISCOMMUNICATIONS, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY OUR NEGLIGENCE, OR YOUR OWN ERRORS AND/OR OMISSIONS. THE SITE AND THE INFORMATION ON IT, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
22. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM), LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE SITE, OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
23. CHOICE OF LAW SUCCESSORS
The laws of the State of California apply to this Agreement (without regard to California’s conflict of law principles). Any dispute between you and us must be brought before state or federal courts located in California. If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire Agreement between you and us relating to the Site or other Site Content and this Agreement replaces all prior written or oral agreements that may have existed between us. You cannot transfer your rights or obligations under this Agreement to anyone without our written permission. Our failure to enforce any provision of
this Agreement does not waive our right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement.