(Effective April 1, 2020)
Welcome to Microbe Mitt. It’s important to understand the terms and conditions for any site or app you access, and we’re glad you’ve decided to review ours.
Eyre Group LLC (also "Microbe Mitt", “Seller”, "we", "us", "Company" and "our") is a New Jersey limited liability company that provides products and information relating to personal protective equipment, pandemic preparedness, airborne pathogen exposures, and other emergency response measures and equipment
"You" (also "your", "user", and "Buyer") refers to you, the individual, as well as any entity or other individual on whose behalf you’re acting.
"Services" refer to any and all of Seller’s websites, social media accounts, software applications, emails, text and SMS messages, and feeds (e.g. Real Simple Syndication feeds, Atom feed), and any of the media content (e.g. articles, catalogs, photos, videos, product descriptions) available through those Services, as well as our consulting and procurement services, and any and all services pertaining to the sale of personal protective equipment, pandemic preparedness gear, and other items and products by Seller. Seller’s “Digital Services” refer specifically to any and all of Seller’s technological offerings, including without limitation its websites, social media accounts, software applications, emails, text and SMS messages, and feeds), and any of the media content (e.g. articles, catalogs, photos, videos, product descriptions) available through those Digital Services.
e. “Item” or “Items” refer to any and all personal protective equipment, pandemic preparedness gear, and other items and products offered for sale by Seller and our Affiliates.
2. Who Can Use our Services?
i. Currently restricted or prohibited from using our Service
ii. A past, present, or imminent competitor of Seller and/or closely connected to one or more of our past, present, or imminent competitors;
iii. Acting on behalf of another person or entity without that person or entity’s permission
iv. Under a legal obligation that restricts and/or precludes your use of our Services; and/or
c. No Guarantees re: Eligibility. Seller makes no warranty or representation that every user satisfies our eligibility criteria; there may be ineligible individuals who still gain access to and/or use our Services.
d. Immediate Termination. You need to immediately close your browser window and cease from all further use of our Services if you are or become ineligible to use these Services. You further agree to email email@example.com with the subject “End Use” with details about your reason for ceasing all further use.
3. Basic Standards of Conduct
a. Summary of Standards. Seller’s Basic Standards of Conduct should be easy to follow. Here are 4 Simple Guidelines that will help:
i. Treat Seller, our Affiliates, our service providers, and our community members kindly and respectfully.
ii. Keep User Content clean, decent, and non-disparaging.
iii. Be truthful with the information you provide. Present yourself honestly and up-to-date.
iv. Don’t try to breach our security, disrupt our technology, or misappropriate our intellectual property.
b. Improper Use. Your use of our Services (including, but not limited to, your acts and/or omissions in connection with the purchase of Item(s)) shall not directly or indirectly constitute, involve, attempt, aid, support, incite, encourage, advise, bring about, and/or facilitate any of the following:
i. A violation of a law;
ii. A violation of a rule, regulation, and/or standard of conduct;
iii. Infringement of the personal and/or property rights of Seller and/or any third party (including, but not limited to, infringement of intellectual property rights, moral rights, privacy rights, rights to publicity, and rights concerning privileged, proprietary, and confidential information);
iv. A breach of an agreement, legal obligation, or responsibility;
v. Discovery of another user’s information beyond that which is legitimately intended to be made publicly available;
vi. An implication or indication of involvement with, or endorsement by Seller when Seller has not specifically granted permission to make such an implication or indication;
vii. Interference with an existing business relationship and/or contract
viii. An unlawful, unfair, and/or deceptive business act, practice, or scheme;
ix. Support for, or advancement of a potential or actual Seller competitor;
x. Threats, harassment, intimidation, abusive conduct, and/or bullying;
xi. Extortion, fraud, and/or identity theft;
xii. Improper disclosure of privileged, private, confidential, and/or proprietary information;
xiii. Obscenity, vulgarity, and/or pornography;
xiv. Impersonation, misrepresentation, and/or another reckless or knowing provision of false, incomplete, inaccurate, or outdated information (whether by text, image, photo, audio, video, or otherwise);
xv. Libel, slander, defamation, or other attack on character or reputation;
xvi. Hate speech, prejudice, and/or unlawful discrimination;
xvii. Tortious conduct not previously describe; or
c. Everyone Should Feel Welcome. You agree that you shall not attempt to, or actually interfere with another user’s legitimate, good-faith use, and/or enjoyment of our Services.
d. Malicious Conduct & Content. You shall not use our Services, attempt to use our Services, or seek to emulate Seller, to engage in spamming, phishing, harvesting, unauthorized advertising (including, but not limited to, bulk emailing, pyramid schemes, commission-based opportunities, contests, offers), or the circulation of viruses or other malicious programs and/or code; this includes Trojan horses, spyware, worms, Easter eggs, time bombs, and any other harmful and/or invasive files, programs, or code.
e. Respect the Integrity of Our Technology & Operations.
iii. Excessive Load. Your use of our Services shall not impose any excessive load or unreasonable demand – per our determination – on the infrastructure, systems, servers, or other technology and operations of Seller, its Affiliates, and/or its third party providers, including but not limited to by use of our Services.
f. Seller’s Data, Information, IP Materials, Code & Content. You agree that you are strictly forbidden from the following with respect to our data, information, intellectual property, materials, code, and content (including, without limitation, User Content furnished by other users):
i. Displaying, publishing, transmitting, licensing, sublicensing, distributing, exhibiting, and/or making commercial use of these items beyond our prior express written consent and without the express written consent of the Content’s rightful owner;
ii. Downloading, extraction, copying, indexing, and/or collection of these items (including, without limitation, use of a robot, spider, data miner, crawler, scraper or similar tool);
iii. Duplication, rebranding, and/or derived usage of these items;
iv. Deleting or modifying the substance and/or appearance of these items;
v. Displaying these items out of context, obscuring them, including them alongside objectionable content, or otherwise failing to present them as fully intended; and
vi. Other manual and/or automated means of improper access or retrieval.
g. Public Search Engine Exception: Operators of public search engines are hereby granted permission to use spiders for the sole and limited purpose of developing a publicly available searchable index of the content and information appearing in publicly-facing areas of our online properties – and are granted such permission only to the extent necessary to create such an index. Public search engine operators are not granted permission to create caches or archives of the indexed content. Seller reserves the right to limit, suspend, or revoke this permission at any time, for any reason, without notice, at its sole discretion.
i. Responsibility for Your Account, User Content & Information. Your account, User Content, passwords, personal information, and financially-sensitive information are your responsibility. You and you alone are responsible for all actions and omissions arising out of, and/or relating to your account, User Content, and/or use of our Services. Any User Content or information (including, without limitation, personal and financially-sensitive information) you provide to us is at your own risk of liability, harm, loss, damages, expenses, fees, costs, and/or fines – Seller shall not be responsible or liable for any User content and/or information you provide in connection with our Services.
j. Unsavory Conduct. There is always a chance that, in connection with or as a result of our Services – including, but not limited to, during the course of receiving or returning Items you purchased from Seller – you may encounter people, behavior, interactions, content, and/or other material that you consider inaccurate, objectionable, inappropriate, hostile, indecent, and/or worse. Therefore, you acknowledge and agree that you use our Services at your own risk of encountering such people, behavior, interactions, content, and/or other material; you acknowledge and agree that you shall not, under any circumstances, hold Seller or its Affiliates responsible or liable in connection with such persons, behaviors, interactions, content, and/or other material.
k. Notice to Parents. You are hereby notified, pursuant to 47 U.S.C. Section 230(d), that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors; for information about current providers, visit: http://kids.getnetwise.org and http://onguardonline.gov. To be clear, Seller does not specifically endorse any site or tool with respect to parental control protection.
l. Non-Audit of Content. Seller does not guarantee that it will audit, analyze, or review User Content or third party content before it goes live. Neither Seller, nor its Affiliates is in any way responsible for what is published as User Content or third party content in connection with our Services, and we are under no obligation to edit or control User Content or third party content. While we like to make efforts to help our users, we make no warranties or representations regarding responding to User Content issues, third party content issues, or other issues arising out of, or relating to our Services; it is possible that your issue may go unaddressed. That said, we reserve the right to delete any User Content or any other content at any time for any reason without notice, cause, or consent.
m. Linking & Deep Linking to Seller. You agree that you will not link to our Digital Services (including but not limited to our website) in an effort to disrupt, obstruct, harass, defame, unfairly profit from, or otherwise harm us. Furthermore, you agree that deep linking to our Digital Services is strictly prohibited without our prior express written consent.
Framing & Hidden Technology. You may not utilize framing or mirroring techniques to enclose any Seller trademark, logo, image, text, layout, format, or other proprietary information or intellectual property, without our prior express written consent. You may not utilize any "hidden text" (e.g. meta tags) that references Seller’s proprietary information or intellectual property without our prior express written consent. You may not remove any trademark notice, copyright notice, or other notice of proprietary rights appearing in connection with our Services.
Editing & Deleting Your User Content. With respect to the User Content you create, distribute, or otherwise submit or disseminate in connection with our Services – such as photos, videos, messages, comments, and posts – you cannot revise or delete that which has been submitted to Seller.
User Content Is Public. Your User Content is considered to be public and non-confidential in its entirety – it may be discovered, and/or attributed to you, and used by Seller and its Affiliates as described in these Terms and Conditions.
4. Your Rights
5. Our Rights
a. Terms, Services & Access. Seller reserves the right to do any and all of the following at any time, effective immediately, without liability, cause, notice, or preservation obligation:
ii. Suspend, discontinue, remove, interrupt, restrict, update, improve, or otherwise modify (a) our Services, (b) features, functions, details, and/or portions of our Services, and (c) material, data, information, code, and/or content arising out of, or relating to our Services – including, without limitation, the right to freely modify, revise, and limit which Items, if any, are offered, or no longer offered, for sale, as well as each Item’s price, description, specifications, availability, available quantity, lead time, and accompanying photos, descriptions, and images; and
iii. Refuse, suspend, terminate, ban, restrict, or otherwise modify your, or any other person’s, access to and/or ability to use: (a) our Services, (b) features, functions, details, or portions of our Services; and/or (c) material, data, code, information, and/or content arising out of, or relating to our Services – including, without limitation, cancelling any pending purchases, refusing to sell Items, refusing to provide consulting or procurement services, and/or outright banning from all Services.
b. Rejection of Modifications. If you do not wish to be bound by modifications relating to our terms, Services, or access rights, you must stop using our Services immediately and cease from all further usage of our Services. You further agree to email firstname.lastname@example.org with the subject “End Use” and details about your reason for ceasing all further use of our Services.
c. No Obligation to Act/Refrain. Seller is under no obligation – and shall face no penalty, liability, damage, claim, suit, or loss – to take action or refrain from taking action with respect to maintaining, updating, modifying, improving, and/or providing: (a) our Services; (b) features, functions, details, or portions of our Services ; (c) terms and /or conditions relating to our Services; and (d) material, data, information, and/or content arising out of, or relating to, our Services (including but not limited to product listings, availabilities, and lead times).
Messages & Notifications to Our Community. For the purpose of service messages and notices intended for general consumption, we reserve the right to contact you through any means we choose, including by mail, telephone, email, social media, or website banner; you agree that any means of contact we choose will suffice for the purpose of providing adequate, timely legal notice.
Termination by Seller. Seller reserves the right – whenever we choose, effective immediately, without liability, cause, notice, or warning – to suspend, terminate, ban, interrupt, restrict, or otherwise modify your (or any other User’s) access to and/or use of our Services, or any functions, details, features or portions of our Services. This includes, but is not limited to, cancelling your purchase of one or more Item(s), restricting the scope of your use or access, requiring and charging additional costs, limiting and/or suspending your right to purchase one or more Item(s), and/or outright banning you for an indefinite period of time.
Termination by You. If you wish to terminate your account and/or no longer utilize Seller’s Services, you may do so at any time; simply send an email to email@example.com from the email address you use in connection with Seller (or in lieu of such an email address, your primary email address) and include the subject line “End Use”, along with a few details about your reason for ceasing all further use.
Continuing Usage. You acknowledge and agree that termination has no impact on our ability to maintain and use the information and content you communicated to Seller.
8. Compliance with Anti-Kickback Laws: Invoice prices may be subject to a discount programs. If so, the value of the discount, and the Item(s) to which the discount applies, will be provided to Buyer by Seller in the ordinary course of business. It is Buyer’s responsibility to fully and accurately disclose such discount, among other requirements, in accordance with the Social Security Act § 1128B and its implementing regulations under 42 C.F.R. § 1001.952(h).
9. Purchasing an Item from Seller.
a. Paying for Your Purchase. All sales and purchases are final. You agree that you shall not cancel the order for, return, or exchange any Item you purchased from Seller, and that you shall not receive any refunds or credits in connection with any purchase from Seller. You agree to pay Seller all charges associated with the Item(s) being purchased by you and authorize Seller to fully and immediately charge your designated payment provider for all amounts indicated at the time of payment, including, without limitation, all shipping, handling, delivery, transport, and storage charges. You acknowledge that it is necessary for you to provide your contact information, financial information, and other personal and sensitive information to effectuate your purchase, and you agree that all information you provide in connection Seller and our Affiliates will be truthful, accurate, up-to-date, and furnished with full authorization. Furthermore, you acknowledge and agree that Seller may provide your personal, financial, and contact information to one or more third parties in order to effectuate your purchase – including, but not limited to, financial services providers and shipping/delivery carriers.
b. Taxes. You acknowledge and agree that you – and not Seller – are responsible for any and all government-imposed (including but not limited to local, county, state, federal, and/or international government agencies and entities) taxes, duties, fees, interest, penalties, and other charges, of any nature, associated with your purchase of an Item from Seller and/or our Affiliates, including, but not limited to, sales, excise, import, export, use, personal property, value-added, and electronic/e-commerce taxes. Any taxes, duties, fees, interest, penalties, or other charges of any nature whatsoever imposed by any government authority on or measured by the transaction between Buyer and Seller shall be paid by Buyer in addition to any prices quoted or invoiced. In the event that Seller is required to pay any such tax, fee, penalty, or charge, Buyer shall reimburse Seller on an expedited basis.
c. Shipping of Your Purchased Item(s). Seller ships purchased Items throughout the United States and Canada, unless otherwise agreed with Seller’s prior express written consent. You acknowledge and agree that Seller may, in its own discretion: (i) provide shipping, handling, and/or delivery of your purchased Item(s) by itself; and/or (ii) contract with any third party partner it chooses for shipping, handling, and/or delivery of one or more of your purchased Item(s).
i. Shipping, Handling, Storage, Transport, & Delivery Costs. Your purchase at checkout will typically list, and includes as part of the total, separate charges for shipping, handling, and delivery costs and expenses. You agree to pay all such costs and expenses, as specified at the time of check-out. To the extent your purchase involves the storage and/or transport of any Item(s), these costs will also be reflected at the time of checkout – and you also agree to pay all such costs and expenses, as specified at the time of check-out.
ii. Lead Times Not Guaranteed. You acknowledge and agree that Seller does not guarantee that we can arrange a delivery on or by your desired date, or within your desired timeframe. You acknowledge and agree that certain Item(s) may require longer lead times and/or encounter delays – potentially unknown in nature or scope at the time of your order – and particularly during times of emergency and/or disaster. You acknowledge and agree that any information that Seller and/or its Affiliates furnishes with respect to upcoming lead times, shipment times/dates, and delivery times/dates is purely an estimate and by no means a guarantee, promise, or covenant. You acknowledge that some Items may require lead times of six (6) weeks or longer; for those Items which have lead times stretching beyond six (6) weeks, you agree to proceed with those lead times, regardless of how many weeks or months long, and covenant that you shall not cancel your order, modify your order, or seek an exchange, refund, or credit.iii: Allocation-Based Shipments. You acknowledge and agree that Seller is currently facing high demand for its products and may not be able to fill your entire order in a single shipment In order to help ensure that Seller is able to provide all of its customers with products, you acknowledge and agree that Seller reserves the right to fulfill your order on an allocation basis - meaning in more than one shipment, staggered over time (including but not limited to over the course of weeks or months) - without penalty or liability. For example, if you order 500 boxes of gloves, Seller reserves the right to send you 2 orders of 250 boxes, 5 orders of 100 boxes, or any other distribution it chooses – and these orders may be staggered in time, arriving weeks or months apart, at Seller’s sole discretion. You agree to proceed with any allocation-based shipments of purchased Items –regardless quantity, how many weeks or months long, or how far staggered apart – and covenant that you shall not cancel your order, modify your order, or seek an exchange, refund, or credit. iv. Measurement of Your Purchased Item(s). You are solely responsible for making sure that all Items you have purchased will reasonably fit the wearer and can be safely worn. You hereby acknowledge that Seller advises you to conduct all necessary testing and measurements as to the wearer before purchasing one or more Items.
v. Risk of Loss & Passage of Title. All responsibility, and thereby liability, for the Items you purchase is F.O.B. Origin. The right, title, and interest in and to any Item you purchase – along with the risk of and responsibility for any loss, damage, and/or destruction as to any Item– shall pass to Buyer upon the earlier of Seller’s delivery to the carrier or delivery into storage, regardless of: (a) whether the transportation medium or storage facility is owned and/or operated by Seller and/or its affiliates; (b) whether Seller and/or its affiliates charges Buyer for storage; and (c) any agreed-upon freight terms b/w Seller and/or its Affiliates and Buyer, whenever and however established. Buyer agrees that any claims, disputes, controversies, and/or causes of action for loss or damage in transit shall be made by Buyer directly against the carrier; Buyer agrees that Seller shall not be responsible for bringing or defending against any such claims, disputes, controversies, and/or causes of action. Buyer agrees that Seller is not responsible for any delay in shipment or requirement to ensure that one or more Items is released from any government holding.
d. Errors in Processing Your Purchase. Seller reserves the right to correct any errors or mistakes that it makes during the course of charging you for your purchase, even if it has already requested or received payment; this includes, without limitation, mistakes as to the availability of an Item, as well as overcharges and undercharges on the pricing of an Item or shipping/delivery costs.
10. Restrictions On Resale. You covenant that neither you nor any recipient of an Item shipped with these terms and conditions shall directly or indirectly encourage, incite, support, or engage in the resale of any Item offered for sale by Seller without Seller’s prior express written consent.
11.Consulting & Procurement Services. Seller offers preparedness consulting and procurement services for businesses and organizations. Seller sets the pricing for our engagements on a case-by-case basis, and we reserve the right to refuse business with respect to our consulting and procurement services. Please contact us at firstname.lastname@example.org to chat with Seller about these services.
13. Disclaimers, Limitations & Indemnification
a. Statutory Violations. You acknowledge that the disclaimers and limitations specified in this Section 13 cannot and shall not be construed to preclude you from exercising your legal rights to seek relief pursuant to an otherwise applicable consumer protection statute.
b. New Jersey Consumers. If you are a consumer who resides in the State of New Jersey, many of these disclaimers and limitations do not apply to you and have no impact on your rights or remedies. In particular, without limitation, the following provisions are inapplicable to New Jersey consumers, insofar as they are unenforceable under state law: disclaimers and limitations of liability and damages with respect to any statutory, special, exemplary and/or punitive damages, indirect, incidental, consequential, and/or reliance damages, lost profits, loss of data, or misuse of data.
d. DISCLAIMERS. You acknowledge and fully agree to the following:
i. TO THE EXTENT ALLOWED BY LAW, SELLER AND ITS AFFILIATES PROVIDE ALL SERVICES – AND ALL PRODUCTS (INCLUDING ALL ITEMS), SERVICES, INFORMATION, MATERIALS, DATA AND CONTENT THERETHROUGH AVAILABLE ON AN "AS IS,'' “WITH ALL FAULTS”, AND "AS AVAILABLE" BASIS. TO THE EXTENT ALLOWED BY LAW, SELLER AND ITS AFFILIATES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES THAT MAY ARISE IN CONNECTION WITH OUR PRODUCTS (INCLUDING WITHOUT LIMITATION OUR ITEMS) SERVICES – AND ALL ITEMS, INFORMATION, MATERIALS, DATA AND CONTENT THERETHROUGH AVAILABLE – INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND INFRINGEMENT, AS WELL AS ANY OTHER IMPLIED WARRANTY THAT MAY ARISE FROM THE COURSE OF DEALING, USAGE, PERFORMANCE OR TRADE.
ii.YOU ACKNOWLEDGE AND AGREE THAT YOU WILL COMPLY WITH ALL OBLIGATIONS IN CONNECTION WITH THE PURCHASE OF AN ITEM, REGARDLESS OF ANY PROBLEMS WITH SAID ITEM OR ITS CONDITION, OR ANY OTHER INTERVENING AND/OR EXTENUATING CIRCUMSTANCES.
iv. SELLER & ITS AFFILIATES DISCLAIM ANY DUTIES, RESPONSIBILITIES, LIABILITIES, AND OBLIGATIONS IN CONNECTION WITH ANY “FORWARD-LOOKING STATEMENT” WE MAKE.
v. NEITHER SELLER NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIRD-PARTY INTELLECTUAL PROPERTY AND/OR RELATED RIGHTS AS THEY ARISE IN CONNECTION WITH OUR SERVICES.
vi. NEITHER SELLER NOR ITS AFFILIATES IN ANY MANNER WARRANTS THAT: OUR PRODUCTS (INCLUDING, WITHOUT LIMITATION, OUR ITEMS) AND/OR SERVICES FUNCTION OR WILL FUNCTION IN AN UNINTERRUPTED AND/OR ERROR-FREE MANNER; INFORMATION, MATERIALS, CONTENT, AND/OR DATA AVAILABLE THROUGH OUR DIGITAL SERVICES WILL BE AVAILABLE AND/OR PRESERVED; MALFUNCTIONS OR DEFECTS WITH OUR PRODUCTS (INCLUDING, WITHOUT LIMITATION, OUR ITEMS) AND SERVICES HAVE BEEN OR WILL BE CORRECTED; OUR DIGITAL SERVICES ARE AND WILL BE SECURE; OR OUR DIGITAL SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE AND WILL CONTINUE TO BE FREE OF VIRUSES OR OTHER HARMFUL AND/OR DESTRUCTIVE COMPONENTS NEITHER SELLER NOR ITS AFFILIATES WARRANTS THAT ANY MESSAGE, EMAIL, OR ATTACHMENT WE SEND – OR ANYTHING ELSE WE MAKE AVAILABLE FOR DOWNLOAD OR ACCESS – IS FREE OF VIRUSES OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS.
vii. NEITHER SELLER NOR ITS AFFILIATES MAKES ANY PROMISES, COVENANTS, OR WARRANTIES REGARDING THE ACTS AND OMISSIONS OF ANY THIRD PARTY. THIS INCLUDES, WITHOUT LIMITATION, THE ACTS AND OMISSIONS OF ANY CARRIER FOR SHIPPING/DELIVERY AND/OR ITS PERSONNEL, AS WELL AS THE ACTS AND OMISSIONS OF ANY FINANCIAL SERVICES PROVIDERS WE USE TO FACILITATE OUR TRANSACTIONS.
ix. YOU ACKNOWLEDGE AND AGREE THAT NO GLOVE, MASK, OR OTHER ITEM OR PRODUCT OFFERED FOR SALE BY SELLER IS 100% EFFECTIVE IN PREVENTING EXPOSURE TO OR THE SPREAD OF GERMS, DISEASES, MICROBES, PATHOGENS, DROPLETS, PARTICLES, TOXINS, AND OTHER CONTAMINANTS. YOU ACKNOWLEDGE AND AGREE THAT NEITHER SELLER NOR ITS AFFILIATES MAKES ANY GUARANTEES OR PROMISES REGARDING THE USE OR RESULTS OF ANY ITEM WE OFFER FOR SALE AND/OR PROVIDE, AND OUR WEBSITE AND OTHER MEDIA PROPERTIES DO NOT INTEND TO CONVEY SUCH A REPRESENTATION; SELLER AND ITS AFFILIATES CANNOT AND DO NOT PROMISE THAT ANY ITEM WILL KEEP YOU SAFE FROM EXPOSURE AND FREE FROM HARM. YOU AND YOU ALONE ARE SOLELY RESPONSIBLE FOR TAKING REASONABLE STEPS TO MAKE PROPER USAGE OF ITEMS OFFERED FOR SALE BY SELLER; SELLER IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY USE ONE OR MORE OF THE ITEMS AND PRODUCTS WE OFFER.
x. YOU ACKNOWLEDGE THAT SELLER DOES NOT DESIGN OR MANUFACTURE ANY OF THE PRODUCTS (INCLUDING WITHOUT LIMITATION ANY ITEMS) IT OFFERS FOR SALE. YOU ACCORDINGLY ACKNOWLEDGE AND AGREE THAT SELLER MAKES NO REPRESENTATIONS REGARDING THE EXISTENCE OR NATURE OF ANY DEFECTS IN THE MANUFACTURING, DESIGN, MATERIALS, PACKAGING, OR WORKMANSHIP OF ANY PRODUCT (INCLUDING, WITHOUT LIMITATION, ANY ITEMS) WE OFFER FOR SALE; YOU AGREE THAT SUCH DEFECTS ARE BEYOND OUR CONTROL, AND THAT YOU SHALL NOT HOLD SELLER LIABLE OR RESPONSIBLE FOR ANY CLAIMS, CAUSES OF ACTION, OR CONTROVERSIES ARISING OUT AND/OR RELATING TO ANY SUCH DEFECTS. YOU ARE HEREBY ADVISED TO CAREFULLY INSPECT ANY PRODUCT (INCLUDING, WITHOUT LIMITATION, ANY ITEMS) YOU PURCHASE FROM SELLER – AND TO REFRAIN FROM USAGE AND IMMEDIATELY CONTACT US IF YOU ENCOUNTER ANY SUSPECTED OR ACTUAL DAMAGE OR DEFECT WITH RESPECT TO THE PRODUCT(S) HEREIN CONTAINED.
xi. INSOFAR AS SELLER PROVIDES ANY WEIGHTS, DIMENSIONS, MEASUREMENTS, COLORS, OR ANY OTHER DESCRIPTIONS AS TO ITEMS, THOSE ARE MERE APPROXIMATIONS FOR YOUR CONVENIENCE, WITH NO GUARANTEE AS TO ACCURACY, PRECISION, FREEDOM FROM ERROR, OR MANNER OF APPEARANCE ON YOUR SCREEN.
xii. SELLER AND ITS AFFILIATES HANDLE PRIVATE, FINANCIAL, AND OTHERWISE SENSITIVE INFORMATION WITH REASONABLE SECURITY AND CARE; HOWEVER, WE CANNOT AND DO NOT GUARANTEE THAT ANY TRANSACTION OR TRANSFER OR STORAGE OF INFORMATION IS 100% SECURE. SELLER AND ITS AFFILIATES DISCLAIM ALL LIABILITY IN CONNECTION WITH ANY UNDESIRED AND/OR HARMFUL DISCLOSURE AND/OR USAGE OF YOUR INFORMATION – PERSONALLY-IDENTIFYING INFORMATION, FINANCIALLY-SENSITIVE INFORMATION, OR OTHERWISE.
xiii. IT IS ENTIRELY YOUR RESPONSIBILITY TO ASSESS THE ACCURACY, RELIABILITY, UP-TO-DATENESS, VIABILITY AND APPROPRIATENESS OF OUR SERVICES – AND ANY ITEMS, DATA, INFORMATION, MATERIALS, AND CONTENT THERETHROUGH AVAILABLE – ESPECIALLY AS THEY RELATE TO YOUR SPECIFIC NEEDS. YOU ASSUME THE ENTIRE COST OF ALL SERVICES, REPAIRS, CORRECTIONS, REPLACEMENTS, DEBTS, LIABILITIES, OR OTHER EXPENSES THAT MAY ARISE FROM AN ATTEMPT TO USE OR THE ACTUAL USE OF OUR SERVICES AND/OR ANY ITEMS, INFORMATION, DATA, MATERIALS, AND/OR CONTENT THERETHROUGH AVAILABLE.
xv. OUR SERVICES MAY RUN ADVERTISEMENTS, FEEDS, AND/OR CONTENT ORIGINATING FROM A THIRD PARTY, OR MAY OTHERWISE OFFER LINKS TO SITES WHICH ARE NOT MAINTAINED BY SELLER. NEITHER SELLER NOR ITS AFFILIATES CONTROLS, ENDORSES, OR IS RESPONSIBLE FOR ANY ISSUES ARISING OUT OF, OR RELATING TO, THE INFORMATION, CONTENT, DATA, MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THESE THIRD PARTY ADVERTISEMENTS, SITES, FEEDS, LINKS, AND/OR OTHER SERVICES. NEITHER SELLER NOR ANY OF ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD PARTY’S INFORMATION, CONTENT, DATA, MATERIALS, PRODUCTS, AND/OR SERVICES WITH WHICH YOU COME INTO CONTACT VIA OUR SERVICES. SELLER AND ITS AFFILIATES DISCLAIM ANY ENDORSEMENT RELATING TO, AND LIABILITY FOR (A) LINKS OR FEEDS TO OUR SERVICES FROM ANOTHER SITE; AND (B) LINKS OR FEEDS FROM OUR SERVICES TO ANOTHER SITE.
f. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU HEREBY AGREE, ON BEHALF OF YOURSELF, AS WELL AS YOUR EXECUTORS, ADMINISTRATORS, HEIRS AND ASSIGNS, TO FULLY AND UNCONDITIONALLY RELEASE SELLER AND ITS AFFILIATES FROM ANY AND ALL DIRECT, INDIRECT, STATUTORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE AND/OR PUNITIVE DAMAGES – TO PROPERTY OR BODY – WHICH ARISE OUT OF AND/OR RELATE TO THE SHIPMENT, DELIVERY, STORAGE, TRANSFER, DISTRIBUTION, QUALITY, EFFICACY, USE AND/OR MISUSE OF ONE OR MORE PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY ITEMS) OFFERED FOR SALE BY SELLER. TO THE EXTENT PERMITTED BY LAW, THIS CLAUSE EMBRACES, BUT IS NOT LIMITED TO, A FULL AND UNCONDITIONAL RELEASE FROM: LOST PROFITS; LOST REVENUE; LOSS OF OPPORTUNITY; DELAY; HARM TO REPUTATION; LOSS OF USE OF SERVICES, ANY PRODUCT (INCLUDING, WITHOUT LIMITATION, ANY ITEMS), OR ANY ASSOCIATED PRODUCTS OR SERVICES; INTERRUPTION OF BUSINESS; COST OF CAPITAL, FACILITIES, SERVICES, LABOR, AND/OR SALARIES; DOWNTIME, SHUTDOWN, AND/OR SLOW-DOWN COSTS; SPOILAGE OF MATERIALS; INACCURACY, DESTRUCTION, AND/OR LOSS OF ANY DATA; ANY DAMAGES MULTIPLIER, INCLUDING, BUT NOT LIMITED TO, ANY PROVISION AT LAW FOR DOUBLE OR TREBLE DAMAGES; ATTORNEY FEES; LITIGATION COSTS; THE COST OF SUBSTITUTE SERVICES; ANY ADDITIONAL PENALTIES (INCLUDING, WITHOUT LIMITATION, ADMINISTRATIVE AND/OR CIVIL PENALTIES); AND ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE AND/OR PUNITIVE DAMAGES – EVEN IF SELLER AND/OR ITS AFFILIATES WERE ADVISED AS TO THE POSSIBILITY OF SUCH. INSOFAR AS IT IS LEGALLY PERMITTED, THIS CLAUSE (A) APPLIES REGARDLESS OF WHETHER THE MATTER (A) IMPLICATES NEGLIGENCE, INTENTIONAL CONDUCT, STRICT LIABILITY, OR OTHERWISE; AND/OR (B) INVOLVES A STATUTORY, TORT, CONTRACTUAL AND/OR OTHER DISPUTE. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE MAXIMUM AGGREGATE LIABILITY FOR DAMAGES, HARMS, LOSSES, COSTS, FEES, EXPENSES, PENALTIES, AND FINES ARISING OUT OF OR RELATING TO SELLER, OUR AFFILIATES, OUR MEDIA PROPERTIES (INCLUDING BUT NOT LIMITED TO WWW.MICROBEMITT.COM), AND THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY ITEMS) WE OFFER FOR SALE, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID TO PURCHASE THE SUBJECT PRODUCT(S) (INCLUDING ANY SHIPPING, DELIVERY, PICKUP, AND RETURN COSTS) OR (B) $18.00; UNDER NO CIRCUMSTANCES SHALL SELLER BE RESPONSIBLE FOR INDIRECT, STATUTORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE AND/OR PUNITIVE DAMAGES – TO PROPERTY OR BODY – WHICH ARISE OUT OF AND/OR RELATE TO THE AVAILABILITY, PURCHASE, SALE, SHIPMENT, DELIVERY, CONDITION, QUALITY, EFFICACY, STORAGE, TRANSFER, DISTRIBUTION, USE, AND/OR MISUSE OF ONE OR MORE PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY ITEMS) THAT WE OFFER FOR SALE.
g. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD SELLER AND ITS AFFILIATES HARMLESS IN CONNECTION WITH ANY AND ALL THIRD PARTY DISPUTES, CONTROVERSIES, AND CLAIMS FOR DAMAGES, HARMS, DEBTS, LOSSES, LIABILITIES, STATUTORY REMEDIES, FINES, FEES, COSTS AND EXPENSES AND/OR PENALTIES ARISING OUT OF AND/OR RELATING TO: (A) YOUR PURCHASE OF ONE OR MORE PRODUCTS (INCLUDING WITHOUT LIMITATION ANY ITEMS) AND/OR SERVICES OFFERED BY SELLER; (B) YOUR USE/MISUSE OF ONE OR MORE PRODUCTS (INCLUDING WITHOUT LIMITATION ANY ITEMS) AND/OR SERVICES OFFERED BY SELLER AND ANY ACTS AND/OR OMISSIONS IN CONNECTION THEREWITH; (C) THE SHIPMENT, DELIVERY, STORAGE, TRANSFER, AND/OR DISTRIBUTION OF ONE OR MORE PRODUCTS (INCLUDING WITHOUT LIMITATION ANY ITEMS) AND/OR SERVICES OFFERED BY SELLER; AND (D)YOUR PROVISION OF ONE OR MORE PRODUCTS (INCLUDING WITHOUT LIMITATION ANY ITEMS) OFFERED BY SELLER TO A THIRD PARTY, INCLUDING BUT NOT LIMITED TO MATTERS RELATING TO THE USE/MISUSE OF SUCH PRODUCT(S) AND ANY ACTS AND/OR OMISSIONS IN CONNECTION THEREWITH. THE AFOREMENTIONED EXCLUDES MATTERS RESULTING FROM OUR SOLE NEGLIGENCE, RECKLESSNESS, OR KNOWING INTENT. YOU AGREE THAT SELLER AND ITS AFFILIATES RESERVE THE EXCLUSIVE RIGHT TO CONTROL THE DEFENSE, SETTLEMENT, AND SELECTION OF COUNSEL IN CONNECTION WITH ANY MATTER WHERE YOU MUST PROVIDE INDEMNIFICATION.
h. THIRD PARTIES. TO PROVIDE A BETTER USER EXPERIENCE, OUR SERVICES MAY MAKE USE OF THIRD PARTY SERVICES, FEATURE THIRD PARTY CONTENT, RUN THIRD PARTY APPLICATIONS, OR LINK TO THIRD PARTY WEBSITES; FOR EXAMPLE, YOU MIGHT SEE US USE A THIRD PARTY LIKE FACEBOOK FOR LOGGING-IN OR YOUTUBE FOR VIDEOS; YOU MIGHT ALSO SEE SELLER USE THIRD PARTIES TO FACILITATE SHIPPING/DELIVERY, FINANCIAL TRANSACTION PROCESSES, AND CUSTOMER SERVICE. WE DO NOT EXAMINE OR AUDIT ANY THIRD PARTY SERVICES OR OFFERINGS. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING ANY THIRD PARTY SERVICES AND OFFERINGS – YOU ACCESS AND/OR USE THESE SERVICES AND OFFERINGS AT YOUR OWN RISK AND AGREE THAT NEITHER SELLER NOR ANY OF ITS AFFILIATES IS RESPONSIBLE FOR ANY CLAIMS, OBLIGATIONS, LIABILITIES, COSTS, DEBT, EXPENSES, LOSSES, DAMAGES, CHARGES, FEES, PENALTIES, OR FINES, ARISING OUT OF OR RELATING A THIRD PARTY AND/OR ITS CONTENT, WEBSITE(S), APPLICATION(S) AND/OR OTHER SERVICE(S). THEREFORE, WE ENCOURAGE YOU TO CAREFULLY REVIEW ALL THIRD PARTY TERMS AND CONDITIONS, PRIVACY POLICIES, OPERATIONAL HISTORIES, AND SECURITY PROTOCOLS.
14. Choice of Law, Jurisdiction, Mandatory Arbitration & Class Action Waiver
d. U.S. Jurisdiction. Seller and its properties are located in and operated from the United States. Seller does not intend to be subject to any non-U.S. law or jurisdiction, under any circumstances, and you agree that you shall not pursue any claims, disputes, or controversies against Seller insofar as they are subject Seller to non-U.S. law or jurisdiction.
15. Miscellaneous but Important
a. Assignments. Except as expressly permitted otherwise in writing, you may not assign, delegate, sell, or transfer any of your rights or obligations under this Agreement. Notwithstanding anything herein contrary, Seller may freely assign, delegate, sell, and/or transfer its rights and obligations under this Agreement – and any assets relating to, arising out of, and/or concerning this Agreement – including without limitation circumstances of sale, merger, acquisition, reincorporation, consolidation, reorganization, or other change of control. This Agreement will be binding on your heirs, assigns, administrators, and other legal represents, and shall inure to the benefit for Seller and any of its successors and/or assigns.
b. Force Majeure. You acknowledge and agree that Seller shall hold no liability or responsibility for any harm, damages, penalties, losses, costs, expenses, fees, or issues that result from factors beyond the scope of our reasonable control. This includes without limitation, acts of God, weather, the shutdown of carriers, transportation, and/or utilities, strikes and protests, acts of warfare and/or terrorism, and actions taken by government agencies. This includes without limitation: acts of God; weather; the shutdown of carriers, transportation, and/or utilities; strikes and protests; health crises and/or pandemic illnesses; states of disaster and/or emergency; acts of warfare and/or terrorism; and actions taken by government agencies.
Affiliate Ads & Marketing. We reserve the right to run advertisements and promotions through our Services, and to receive a contingency payment, structured payment, bonus and/or commission in connection with our ads and promotions.
Non-Endorsement. Your words and actions are yours and yours alone – and the same goes for third parties. You acknowledge and agree that Seller does not support, endorse, hold liability for, or take responsibility for any User Content or any other third party statements or interactions arising out of or relating to our Services; any User Content and any third party statements and interactions solely reflect the statements, positions, and opinions of the person or persons creating the content, making the statement, and/or engaging in the interaction. Although Seller offers to sell Items manufactured and/or supplied by third parties, you acknowledge and agree that our listings – and any related imagery or information (e.g. pictures of Items; information on dimensions, weight) – do not constitute an endorsement of, or affiliation with, the Item or its manufacturer/supplier, nor do they constitute an assumption of liability or taking of responsibility as to the Item(s) in question.
You hereby agree that any term or condition you set forth, however and whenever set forth, that conflicts with any term or condition herein listed, shall be void and of no force or effect, regardless of any statement or indication to the contrary, unless Seller explicitly states otherwise in a signed writing.
k. Export Control Laws. As with all applicable laws, rules, regulations, restrictions, and standards, you agree to abide by all applicable laws, rules, regulations, restrictions and standards concerning United States export controls, including, but not limited to, any applicable embargoes.
l. Digital Millennium Copyright Act (17 U.S.C. §512)
i. Reporting Infringement. If you believe that your copyrighted work appears in connection with our Services and/or is accessible through our Services in a way that constitutes copyright infringement, please notify Seller by providing us with the following information in writing to the address listed below: (1) the physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; (2) a description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing; (3) identification of the URL or other specific location where the material or activity you claim to be infringing is located or is occurring; (4) your name, address, telephone number and, if you have one, your email address; (5) a statement by you that you have a good faith belief that use in our Services of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and (6) a statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner, or are authorized to act on behalf of the copyright owner.
ii. Counter-Claims of Infringement. If you believe you are the subject of an improper infringement claim, please notify Seller by providing us with the following information in writing to the address listed below: (1) the physical or electronic signature of either the copyright owner, or of a person authorized to act on the owner's behalf; (2) a detailed description of the copyrighted work you claim has been subject to an improper infringement claim; (3) identification of the URL or other specific location from where the allegedly infringing material has been removed, modified, and/or deleted; (4) your name, address, telephone number and, if you have one, your email address; (5) the following statement: “I hold a legitimate, good faith belief that the allegedly offending material, as herein described, has been subject to complaint, removed, or rendered inaccessible as the result of misidentification, misfeasance, malfeasance, and/or mistake. All of the factual information I have provided in connection with this document is true and correct. I consent to the jurisdiction of the District Court in the United States judicial district in which I live – or, to the extent I reside outside the United States, in the Southern District of New York– and will accept service of process from the person, or the agent of the person who sent the initial notice of infringement to Seller. All attestations herein are given under penalty of perjury.”
n. Contacting Seller.
Legal Notices. You agree that all legal notices and legal-related correspondence will be provided in hard copy to:
Eyre Group LLC, A Attention: Legal Department 315 Flatbush Ave, Suite 407, Brooklyn, NY 11217
i. California Consumer Affairs. Per California Code of Civil Procedure 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs: 1625 North Market Blvd., Sacramento, CA 95834; (916) 445-1254 or (800) 952-5210.