Terms of Service
Effective Date:January 1, 2018
The ML family of companies (“ML” “we,” “us,” and “our”) provide the websites and its subpages (the “Sites”) linked to this Terms of Service as well as thesales and related services available through the Site (the “Services”) to you subject to these Terms of Service (the “Terms”). These Terms establish the terms, conditions, rights and responsibilities applicable to your use of the Site and Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Site and Services shall be subject to these Terms. If you choose to use other features of the Site and Service, additional terms governing your use of those features (“Additional Terms”) may apply in additional to these Terms. Your breach of any these Terms or any Additional Terms causes an automatic termination of the rights and licenses granted to you under these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITES AND SERVICES. BY USING THE SITES AND SERVICES, YOU ARE AGREEING TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITES OR SERVICES.
We may change these Terms from time to time for any reason. We will seek to notify you of material changes prior to those changes taking effect by emailing you (if you have an Account), posting a notice on the Sites, or by other means. If you do not agree with the new version, you must stop using the Sites and Services and terminate your Account, if you have one.
No one under the age of 18 may use the Sites or Services. By using or attempting to use the Sites and Services, you represent that you meet the age requirements and that you are able to enter into legally binding contracts, including these Terms.
We or our licensors own all intellectual property and proprietary rights, title and interest in and to the Sites and the Services, including without limitation the Marcus Lemonis-entity owned trademarks and the Site copyrights. Except for the limited use rights granted to you in these Terms, you agree that you do not have and will not acquire any right, title, or interest in any of our intellectual property or other proprietary rights. Any rights not expressly granted in these Terms are expressly reserved.
We grant you a limited, revocable, non-transferable, non-sublicesenable and non-exclusive license to access and use the Sites and Services for their intended purposes (namely, for purchases, and related services) in accordance with these Terms and any Additional Terms. These limited rights and licenses may be revoked at any time according to Section 11 (Termination of Access) below.
When using the Sites and/or Services, you agree to comply with all applicable federal, state, and local laws including but not limited to, copyright law. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Site content or any Content that is not your Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner.
You may not cause any harm to or otherwise interfere with the Sites and/or Services, by (but not limited to):
You will cooperate with us to investigate any suspected or actual activity that we suspect may be in breach of these Terms.
By submitting any comments, suggestions, questions, postings, web forms, contest entries, and other information and content to us (“Comments”), you also grant to us the worldwide, perpetual, non-exclusive, transferable, sublicensable right and license to use your Comments to market and improve the Sites and Services and for other promotional purposes through all sales channels and in all media, whether now known or later created, as we deem necessary. You are solely responsible for all of your Content, and you waive any claim arising from or relating to use of your Comments.
Your use of the Sites and Services constitutes your agreement that all Content and Comments that you upload, store, submit and/or use comply with the following guidelines for your use of the Sites and Services (“Content Acceptable Use Policy”). You are solely responsible for evaluating all of your Content and Comments against, and ensuring the compliance of, all of your Content and Comments with, the Content Acceptable Use Policy. By uploading Content and/or Comments to the Sites and Services, you accept sole liability and responsibility for any of your Content and/or Comments that do not comply with the Content Acceptable Use Policy, the remainder of these Terms and/or any applicable laws.
We have the right, but do not assume the obligation or responsibility, to monitor Content and Comments, and to determine whether they comply with applicable laws and these Terms, including without limitation the Content Acceptable Use Policy. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, refuse to store, remove, or disable access to any Content or Comments, including without limitation any content or comments that constitute, or are likely to constitute, an infringement, misappropriation, or other violation of the intellectual property or other proprietary rights of any third party.
The above list only provides examples of submissions that may violate the intellectual property and other proprietary rights of third parties, and is not exhaustive. Any determination made by us with respect to the applicability of the Content Acceptable Use Policy is made in our sole discretion and is final and binding. If you have questions about whether content or materials you would like to upload to the Sites may violate the intellectual property or other proprietary rights of another person, you should speak with an attorney.
We reserve the right at any time in our sole discretion to modify, discontinue, or remove, temporarily or permanently, the Sites and/or Services (or any part thereof) and/or any Products with or without notice. We will not be liable to you or to any third party for any such modification, suspension, removal, or discontinuance. We do not guarantee that any of your Content or any other Content will be available on the Sites, our servers and/or directories at any time, or for any period of time.
We may, in our sole and absolute discretion and without notice or liability to you or any third party, immediately suspend, limit your access to and/or terminate your access to the Sites, Services and/or your Account for any reason or for no reason, including without limitation: (a) if we believe in our sole discretion that you have violated these Terms, any Additional Terms, or any applicable laws or regulations; (b) at the request of law enforcement, government agencies or courts; (c) if we discontinue or materially modify the Sites or Services (or any part thereof); (e) if unexpected technical or security issues or problems arise; (e) if we believe in our sole discretion that your use or access to the Sites or Services may create risk (including but not limited to legal risk) for us, our affiliates, contractual partners, or users. Termination of your access to the Sites, Services, and/or your Account may include in our sole discretion, but is not limited to: (x) removal of access to some or all offerings on the Sites and Services; (y) the deletion of some or all of your Content and/or other content associated with your use of the Site or Services (or any part thereof) from the Sites, our servers and/or directories; and/or (z) banning you from using the Sites and Services by any available means, including without limitation by blocking your IP address.
Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Site or Services, shall survive including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, and all of the miscellaneous provisions set forth below.
You agree to indemnify, defend, and hold the owner of the Sites and its parents, subsidiaries, related companies, and controlled affiliates, and its and their respective members, officers, directors, employees, agents, partners, licensors, service providers, strategic partners, and distribution partners (collectively, the “Indemnified Parties”), harmless in connection with any third-party claims, liabilities, losses, damages, obligations, costs, and expenses (including but not limited to reasonable attorneys’ fees and costs) (“Claims”) arising out of or relating to your use of the Sites or Services, your Content, your Comments, your breach of these Terms (including but not limited to the Returns Policy and any other Additional Terms incorporated by reference herein), and/or your acts and omissions relating to any of the foregoing. We have the right to control the defense, settlement, and/or other resolution of any Claims, at your sole cost and expense. You may not settle or otherwise resolve any Claim without our express written permission.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK. THE SITES, SERVICES, THE SITES CONTENT, AND ALL PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT OF THE LAW, THE INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING ANY: (A) WARRANTIES THAT THE SITES, SERVICES, OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR SATISFACTION; (B) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITES, SERVICES, OR SITE CONTENT; (C) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES FOR SERVICES OR GOODS ADVERTISED ON THE SITES AND/ OR SERVICES OR ACCESSED THROUGH THE SITES AND/ OR SERVICES; (E) WARRANTIES CONCERNING THE CAPACITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICE; (F) WARRANTIES THAT YOUR USE OF THE SITES WILL BE SECURE OR UNINTERRUPTED; AND (G) WARRANTIES THAT THE SITES, SERVICES, AND/OR SITE CONTENT WILL BE ERROR-FREE OR THAT ERRORS IN THE SITES, SERVICES AND/OR SITE CONTENT WILL BE CORRECTED. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR CONTENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITES OR SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITES OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
WE MAY USE THIRD PARTIES TO PROVIDE CERTAIN SERVICES ACCESSIBLE THROUGH THE SITES AND SERVICES. WE WILL NOT BE LIABLE TO YOU FOR THEIR ACTS OR OMISSIONS.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY, WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF LOSS OF USE, DATA LOSS, OR OTHER INTANGIBLE LOSSES (EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR YOUR INABILITY TO USE, THE SITES OR SERVICES, UNDER ANY THEORY OF LIABILITY. YOUR SOLE REMEDY, AND OUR AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITES OR SERVICES SHALL IN ALL EVENTS BE LIMITED TO THE GREATER OF FIFTY DOLLARS ($50.00) OR THE INVOICED AMOUNT PAID TO US FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT OF THE LAW.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR THE ILLEGAL, OFFENSIVE OR DEFAMATORY CONDUCT OF OTHERS, INCLUDING BUT NOT LIMITED TO ANY SUCH CONDUCT BY YOU, AND THAT YOU BEAR ALL RISK AND LIABILITY ASSOCIATED WITH YOUR CONDUCT AND CONTENT.
YOU HEREBY RELEASE THE SITE OWNER AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MANAGERS, REPRESENTATIVES, AFFILIATES, SUCCESSORS, ASSIGNS, AGENTS, SHAREHOLDERS, EMPLOYEES AND BUSINESS PARTNERS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITES AND/OR SERVICES. IF YOU ARE A RESIDENT OF CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE § 1542 WHICH STATES “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 IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTIVE HIS SETTLEMENT WITH THE DEBTOR.”