Terms of Service
Terms And Conditions Of Sale
TERMS AND CONDITIONS OF SALE
Effective Date: January 22, 2023
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT
INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING
LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
1. No Purchase For Resale
The Website is intended solely for Myze to sell products direct to consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of product by someone who resells, or intends to resell, the product to others (consumers, businesses or any third party). By having unauthorized resellers, this gives counterfeiters an opportunity to fool customers. Purchasers hereunder therefore agree to refrain from using MYZE’s intellectual property, including copyrights and trademarks, in connection with the marketing, offer for sale or sale of products purchased here. In other words, buying products on our Website for resale will invalidate any license or legal right to use our trademarks and copyrights in advertising, and may be therefore deemed an infringement of our intellectual property, regardless of whether such conduct would otherwise be acceptable. We do this to ensure that the supply chain is secure. If Myze believes you are involved in purchase for resale, Myze reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
2. Eligibility To Order
To place an order on the Website, you must be of legal age of majority in your place of residence and a consumer - not a reseller. If you are not of legal age of majority, you must have your parent or guardian make any purchase.
3. ProductsOffered For Sale on the Website
MYZE offers a variety of standard stock products. We also offer personalized care plans. If you have questions about any of our products, please contact us at email@example.com or (855) 377-2530 and we will arrange to have a representative contact you. Please note that we cannot guarantee that we will always have products in stock or that the products will be exactly the same as that depicted on the Website. If you ever have feedback on our products or service, we would appreciate hearing from you. MYZE strives to always improve and your input is desired.
4. How To Order
You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionality of the Website, which may include adding items to your shopping bag and submitting your order.
When you submit an order, we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the products are shipped to you - we will send you an email confirming that the products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order and will refund your payment if it has already been made via your original payment method.
5. Your Total Price
The total price specified in the final check out screen may include tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in U.S. Dollars or your local currency. If your local currency is different from the currency in which the prices are quoted, your bank may apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
6. Price Changes
The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
Prices advertised on the Website do not include shipping charges or applicable sales taxes, and these may be added to the price you pay at checkout. Buyer shall make all payments in US dollars. MYZE accepts payments via American Express, Diners Club, Discover, Master Card, and Visa, or via express checkout methods via Apple Pay, Meta Pay, Google Pay, PayPal, Shop Pay, and Venmo. We do not accept any method of payment other than those listed herein. Please do not try to pay by any other way than specified herein. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
8. Payment Processing
Except with respect to pre-ordered products, if you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse. In the event that no payment has been received within 2 calendar days after you submitted your order, your purchase will automatically be cancelled. Payments can only be processed if the billing information can be verified.
9. Our Right To Reject Your Order Or Cancel An Order
Fulfillment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel an order by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the order we cancelled:
- the product is not available / in stock;your billing information is not correct or not verifiable;
- your order is flagged by our security systems as an unusual order or an order susceptible to fraud;
- we believe you are under the legal age in your place of residence;
- we believe that you are a reseller;
- there was an error in the price displayed on the Website;
- we could not deliver to the address provided by you;
- due to an Event Outside Our Control (see below);
- in the event of misspelling, pricing or other errors or mistakes in the Website information; or
- for any other reason that may arise and be reasonable.
10. Data Check
When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. Suspected fraud on the Website will be investigated and, if necessary, prosecuted.
11. Shipping & Delivery
Orders are typically processed by MYZE the same business day if received by us before 1:00 p.m. Eastern Time, Monday through Friday. Otherwise, they are processed the next business day (Monday through Friday excluding holidays). Note: We or shipment carriers may get backlogged during sale events and the holiday season, which could delay your shipment.
Orders are shipped from the MYZE premises located in Edgewood, New York, via the United States Postal Service (USPS). https://www.usps.com/ship/mail-shipping-services.htm We ship domestically within the 50 States of the United States and the District of Columbia. We do not offer international shipping. We offer free standard shipping on orders over $40 (pre-tax). Orders under $40 ship for a flat rate of $5.95 (standard shipping) and $9.95 (express shipping).
Once shipped, you will receive a confirmation email with your tracking number. If you did not receive your shipment confirmation email or have any additional questions about your order, please contact firstname.lastname@example.org. We’re always happy to help out! Please allow approximately 3-5 business days to receive your order.
Where possible, we try to deliver all items which you have ordered at the same time. However, please note that an order for multiple products may result in split shipments, subject to availability. We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs.
12. Title Transfer & Risk of Loss
The title and risk of loss for products purchased from MYZE pass to you upon our delivery to the carrier. Title to product(s) will not transfer until full payment has been received.
13. Inspection Upon Delivery
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. If you have accepted the shipment and then discover that an item is defective, damaged or your received a wrong item, please contact us immediately at email@example.com so that we may evaluate the issue and make it right on your behalf.
14.Returns and Refund Policy
MYZE accepts returns of unused and unopened products accompanied by proof of purchase, purchased online within thirty (30) days of shipping date, provided the products are in their original condition, with packaging unopened/sealed and labels intact. However, sales of accessories and eye masks and Clearance merchandise are final. To start a return, please contact us at firstname.lastname@example.org. If your return is accepted, we will provide you with instructions on how and where to send your return package. Items that were returned without first contacting us will not be accepted. Once we receive your return, we will issue store credit, less the original shipping fees which are non-refundable.
For subscription orders, we can only accept returns on the first purchase, not on subsequent months. You are always able to change or cancel your subscription by logging into your account.
You are also entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. In the event your claim is justified, the purchase price will be refunded as store credit.
15. Disclaimer ofWarranty
SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY or (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Products. For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
16. Limitation Of Liability
MYZE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS “MYZE AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCTS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS, DOWN TIME, LOST DATA, OR ANY DAMAGES OR SUMS PAID BY YOU TO THIRD PARTIES, EVEN IF MYZE OR ANY MYZE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL MYZE OR ANY MYZE AFFILIATE BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCTS ACTUALLY DELIVERED TO AND PAID FOR BY YOU HEREUNDER. TO THE EXTENT CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MYZE OR ANY MYZE AFFILIATE ARISING OUT OF OR RELATED TO THESE TERMS OF SALE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED TWO (2) TIMES THE TOTAL OF THE AMOUNTS PAID TO MYZE FOR THE PRODUCTS SOLD HEREUNDER or $2,500, WHICHEVER IS LESS. This limitation of liability shall not apply to (i) liability resulting from Seller’s gross negligence or willful misconduct and (ii) death or bodily injury resulting from Seller’s acts or omissions. ANY CLAIMS MADE AGAINST MYZE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF ACCRUAL.
17. Compliance with Law
Buyer shall comply with all applicable laws, regulations and ordinances.
No waiver by MYZE of any of the provisions of these Terms of Sale is effective unless explicitly set forth in writing and signed by MYZE. No failure by MYZE to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Sale operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder by MYZE precludes MYZE from any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
19. Events Outside Our Control
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks, and the consequences of such acts or events (for example, a slowdown in the supply chain due to such events).
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
a) We will contact you as soon as reasonably possible to notify you; and
b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the order if an Event Outside Our Control takes place and you no longer wish us to provide the products by contacting email@example.com .
20. Relationship of the Parties
Nothing contained in these Terms of Sale shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
21. No Third-Party Beneficiaries
These Terms of Sale are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms of Sale.
All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
23. Agreement to Arbitrate
Any legal suit, action or proceeding arising out of or relating to these Terms of Sale and any dispute between you and MYZE shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate MYZE’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in New York, and you consent to exclusive jurisdiction and venue in such courts. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You agree that the arbitration shall be conducted in Westchester County, New York and that any action to enforce this arbitration provision will be brought in the federal or state courts located in Westchester County, New York. Either you or MYZE may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in New York, as may be necessary to protect the rights or property of you or MYZE pending the completion of arbitration. You agree that, if you are not the prevailing party in such arbitration, you will bear all of the costs of such arbitration, including the costs of the prevailing party.
You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Westchester County, New York.
All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
All notices, request, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the face of the Order Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in these Terms of Sale, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this paragraph.
25. Other Important Terms
MYZE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE OR OUR SOCIAL MEDIA (AND RELATED APPLICATIONS), INCLUDING BUT NOT LIMITED TO, TYPOGRAPHICAL ERRORS.
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.
You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Thank you. We appreciate your business!
Effective Date: January 22, 2023
You are reading these Terms because you are using the MYZE LLC’s website, https://helpmyze.com (the “Website”) or are interacting with MYZE LLC’s social media platforms (or related applications), including MYZE’s accounts on Facebook, Instagram, LinkedIn, and Twitter (collectively, “Social Media”). MYZE, located at 600 Mamaroneck Avenue - Suite 400, Harrison, NY 10528, operates the Website and our Social Media accounts (and related applications) (to the extent not operated by others) (the “Platform”), and is responsible for your purchases of products, marketing and for all other processing in the context of the Website. You may access the Website and Social Media (and related applications) through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier's normal rates and fees apply to your Device.
MYZE offers the Website and Social Media (and related applications), including all information, tools and services available from therein to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting the Website, interacting with our Social Media (or related applications) and/or purchasing something from us, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of the tools or services offered by MYZE via the Website or via our Social Media Accounts (or related applications). If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms.
Our Terms may change
We may update these Terms from time to time. If a material change is made, we will post a notice on the Website or Social Media account (or related applications) or send you a notification. Read through any changes, and if you do not agree to them, please stop using the Website and the Social Media (and related applications). If you continue to use our Website and interact with our Social Media (and related applications) after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.
1. ELIGIBILITY. You are only eligible to use the Website and the Social Media (and related applications) if you are of legal age or majority in your country or region, or if you have consent and supervision from your parent or guardian. If you make a purchase from us, you represent and warrant that you are of legal age of majority, of sound mind, and are providing accurate and current information about yourself to MYZE. You may not use our products, the Website or our Social Media (or related applications) for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, malware, ransomware, or any malicious code of a destructive or damaging nature. A breach or violation of any of the Terms may result in an immediate termination of all our services to you.
2. LICENSE TO USE WEBSITE. MYZE hereby grants you a limited, non-assignable, non-exclusive license to access the Website and our Social Media (or related applications) subject to and in accordance with these Terms. Any violation of the terms of these Terms is grounds for immediate termination of this limited license and may result in legal action by MYZE.
3.RULES OF CONDUCT. You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and our Social Media (or related applications). In addition, your use of the Website and our Social Media (or related applications) is conditioned on your compliance with the following rules of conduct. You agree not to use this Website and our Social Media (or related applications) for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any MYZE employee, agent, or representative; or expressing or implying that MYZE endorses any statement you make.
You also may not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website and our Social Media (or related applications). Further, you may not interfere with or disrupt the operation of the Website and our Social Media (or related applications), including restricting or inhibiting any other person from using the Website and our Social Media (or related applications) by means of hacking, or defacing any portion of the Website and our Social Media (or related applications). Further, transmitting or otherwise making available in connection with the Website and our Social Media (or related applications) any virus, worm, Trojan horse, root kit or other harmful code is prohibited.
Moreover, you may not interfere with or violate any other Website/Social Media/application visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Website/Social Media/application visitors or users, or about MYZE’s employees and representatives identified on the Website, and our Social Media (or related applications) without their express consent. You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website and our Social Media (or related applications). Finally, you may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website or the Website’s content, or our Social Media (or related applications), including MYZE’s or any other party’s intellectual property therein, without our prior express written authorization.
4. OWNERSHIP OF CONTENT. All of the content on our Website and Social Media (and related applications) - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by MYZE or others we license Content from or fairly use, and is protected by copyright, trademark, patent and other laws. MYZE reserves all rights not expressly described in these Terms.
All trademarks, service marks and trade names (e.g., MYZE’s name, logos and its respective designs) are owned, registered and/or licensed by MYZE. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Website, Social Media (or related applications) or Content.
You agree not to change or delete any ownership notices from materials downloaded or printed from the Website or Social Media (or related applications).
To the extent MYZE approves the download or use of Content comprised of copyrights or copyrightable works, MYZE grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as MYZE makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. MYZE reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. Any violation of these Terms shall be deemed a revocation of a license to the Content from its beginning. MYZE reserves the right to take down any Content in violation of these terms or MYZE’s intellectual property rights. MYZE allowing you this limited use does not constitute a waiver of any of MYZE’s rights to the Content.
Outside of the specific usage rights granted to you by MYZE in connection with the Website and/or Social Media (or related applications), or in connection with any specific use authorized by us in writing, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content (unless it is your own content that you legally post on Social Media), without MYZE’s prior written consent. Unauthorized use of the Content may constitute a breach of these Terms and a violation of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.
6. INFORMATION ABOUT GENERAL WELLNESS.The Website and/or our Social Media (and related applications) may include features that promotehealthy habitsor general wellness. They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. You must consider the risks involved and consult with your medical professionalon the matters related to your health and wellness. Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Website or on our Social Media (or related applications). TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW,MYZEIS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE WEBSITE AND/OR OUR SOCIAL MEDIA (AND RELATED APPLICATIONS).
7. SOCIAL MEDIA USER INTERACTIONS.To the extent allowed by applicable law, we are not responsible for your interactions with other users of our Social Media or any damage or harm you may experience because of these interactions. You acknowledge and agree that you must be responsible and take precautions when interacting with other users (including users you do not know) on our Social Media, and you must comply with the acceptable use and conduct guidelines of the respective platforms.MYZEis under no obligation to become involved with any user dispute, but may do so at its own discretion.
8. WARRANTY DISCLAIMER.THIS WEBSITE, OUR SOCIAL MEDIA (AND RELATED APPLICATIONS), CONTENT, AND THE MATERIALS AND PRODUCTS MADE AVAILALE THEREIN ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND ANY THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BYMYZE.MYZEDOES NOT GUARANTEE THAT WEBSITE AND/OR OUR SOCIAL MEDIA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND/OR OUR SOCIAL MEDIA ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL.
TO THE FULLEST EXTENT PERMITTED BY LAW, MYZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, OUR SOCIAL MEDIA, CONTENT, SUBMISSIONS AND ANY PRODUCTS OR SERVICES YOU MAY OBTAIN OR ACCESS THROUGH THE WEBSITE AND/OR OUR SOCIAL MEDIA, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MYZE PERIODICALLY ADDS, CHANGES, IMPROVES, OR UPDATES THE INFORMATION ON THIS WEBSITE AND OUR SOCIAL MEDIA (AND RELATED APPLICATIONS) WITHOUT NOTICE. MYZE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE OR OUR SOCIAL MEDIA (AND RELATED APPLICATIONS), INCLUDING BUT NOT LIMITED TO, TYPOGRAPHICAL ERRORS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, MYZE IS NOT RESPONSIBLE OR LIABLE FOR ANY USER SUBMISSIONS POSTED ON OUR SOCIAL MEDIA ACCOUNTS. ALSO, NOTHING CONTAINED ON THIS WEBSITE OR OUR SOCIAL MEDIA SHALL BE INTERPRETED AS ADVISING YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM IT CAN UNDER THE LAW.
You are solely responsible for any damage to your Device resulting from accessing the Website and/or our Social Media (and related applications), to the extent applicable law does not provide otherwise.
We hope you enjoy and get the full benefit of the Website and/or our Social Media (and related applications); however, we do not guarantee any results.
MYZE may terminate or modify the Website and/or our Social Media (or related applications), product or service at any time without notice.
MYZE may delete any of your posts on our Social Media Accounts, and restrict your use of all or any part of our Website, Social Media (or related applications) at any time and for any reason, without any liability to MYZE, subject to applicable law.
You understand and agree that some of your posts that are displayed in an activity feed or in other public places on our Social Media, may continue to appear publicly even after your account is terminated, subject to your right to have your Submissions removed upon request in accordance with applicable law.
These Terms remain in effect even after your account is terminated or you have stopped using our Social Media (or related applications).
10. INDEMNIFICATION / LIMITATION OF LIABILITY
We want you to enjoy our Website and our Social Media (or related application), but MYZE must also protect itself from any damages you may cause.
11. LIMITATION OF LIABILITY. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so theseexclusions/limitations may not apply to you.NONE OF THEMYZEPARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, OUR SOCIAL MEDIA (OR RELATED APPLICATIONS), OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF OUR SOCIAL MEDIA (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT AMYZEEVENT ORMYZEPARTNER EVENTS, OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE WEBSITE/OUR SOCIAL MEDIA (OR RELATED APPLICATIONS), EVEN IFMYZEHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINSTMYZEPARTIES IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE/OUR SOCIAL MEDIA (OR RELATED APPLICATIONS), OR ANY CONTENT IS TO STOP USING THE WEBSITE/OUR SOCIAL MEDIA (OR RELATED APPLICATIONS). IF ANYMYZEPARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE/OUR SOCIAL MEDIA (OR RELATED APPLICATIONS), OR ANY CONTENT, SUCHMYZEPARTY’S LIABILITY SHALL NOT EXCEEDUS$100.00. ANY CLAIMS MADE AGAINSTMYZEMUST BE BROUGHT WITHINONE (1) YEAROF THE DATE OF ACCRUAL.
12. ENFORCEMENT OF THE AGREEMENT
MYZE may investigate any reported, alleged or suspected violation of these Terms, and take any action that MYZE, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Website or our Social Media (or related applications) or complete termination of such access, at any time. Additionally, MYZE reserves the right to bring suit for any violation of this Agreement.
13. DISPUTES / ADDITIONAL TERMS
Choice of Law/Jurisdiction/Agreement to Arbitrate
Any controversy or claim arising out of or relating to these Terms or use of the Platform shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate MYZE’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in New York, and you consent to exclusive jurisdiction and venue in such courts. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You agree that the arbitration shall be conducted in Westchester County, New York and that any action to enforce this arbitration provision will be brought in the federal or state courts located in Westchester County, New York. Either you or MYZE may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in New York, as may be necessary to protect the rights or property of you or MYZE pending the completion of arbitration. You agree that, if you are not the prevailing party in such arbitration, you will bear all of the costs of such arbitration, including the costs of the prevailing party.
You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Westchester County, New York.
All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
By using the Website and/or our Social Media, you agree to receive certain electronic communications from MYZE, subject to applicable law.
You agree that any notice, agreement, disclosure or other communication that MYZE sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Right to Assign, No Waivers, Severability, Entire Agreement
MYZE may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.
MYZE’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or MYZE’s rights. Users should always assume these Terms apply.
If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.
These Terms (inclusive of the hyperlinked documents which are incorporated herein) constitute the entire agreement between MYZE and you in relation to your use of the Website and/or our Social Media (or related applications), and supersede all prior agreements and understandings.
In order to purchase products through our Website, you must be 18 years of age or over (or of the legal age of majority in your jurisdiction). By using the Website, you confirm that you possess the legal authority to enter into these Terms, including instructing us and/or our vendors to collect any payments from a credit or debit card, and to use the Website in accordance with these Terms. You confirm that all information supplied by you in using the Website, our Social Media (or related applications) is true and accurate.
The Website is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, we advise all visitors to the Website under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that MYZE discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
14. CONTACT INFORMATION
If you have any questions about these Terms, please do not hesitate to contact us at: