Terms of Service

 

These TERMS AND CONDITIONS (this “Agreement”) govern the online or digital properties, products and services of Melesia Robinson LLC(“MR”) described further below, and constitute a legally binding contract between you (together with any person helping you visit, access, register with or use any of those online or digital properties, products or services, “you” or “your”) and MR (with you and MR sometimes referred to herein each as a “Party” and together as the “Parties”).  The online or digital properties, products and services which are the subject of this Agreement include:

  • The website(s) that links to this Agreement (each website including its respective pages and features, the “Site”);

  • The content services offered, published, distributed or transmitted by MR on or through the Site (collectively, the “Service(s)”).

Please read this Agreement carefully before accessing or using the Site or the Services because it constitutes a legally binding contract between you and MR that applies to each and every Site and Service, even if you only visit, access, register with or use only one Site or Service.  This includes the “Dispute Resolution” clause contained in this Agreement, which provides for waivers of jury trials and class actions.

You are automatically accepting and agreeing to the most-recent version of this Agreement whenever you create, register with or log into an account on or through the Site.  Similarly, you are automatically accepting and agreeing to the most-recent version of this Agreement whenever you visit, access, register with, subscribe to or use the Site or the Services.  your continuing visit, access, registration with, subscription to or use of any of the forgoing reaffirms your acceptance and agreement in each instance.

If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from visiting, accessing, registering with, subscribing to or using the Site or the Services.

MR may supplement, amend or otherwise modify this Agreement at any time.  Such modifications will be posted on this or another page of the Site, or emailed to the email address you provide to MR, as applicable and as MR deems appropriate in its sole discretion. Modifications shall be deemed effective as of their stated effective or modification date.  It is your responsibility to carefully review this Agreement each time you visit, access, register with, subscribe to or use the Site or the Services.

1.     Eligibility.  The Site and the Services are offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, who have accepted this Agreement.  By visiting, accessing, registering with, subscribing to or using the Site or the Services, you represent and warrant to MR that you meet these eligibility requirements.  You agree to comply with all applicable laws for visiting, accessing, registering with, subscribing to and using the Site and the Services, and for purchasing and using any products or services on or through the Site, which you may only use for lawful purposes.

2.     Privacy.  

a.     Privacy Policy.  MR respects the privacy of others.  MR’s policies concerning the collection and use of your personal information in connection with the Site are set forth in MR’s Privacy Policy, which you should carefully review each time you visit, access, register with, subscribe to or use the Site or the Services.

b.     Express Consent to Privacy Policy.  You hereby expressly consent to MR and its affiliated companies collecting and using information about you (including your personal and non-personal information) as disclosed in MR’s Privacy Policy.
 

3.     Description of Services.  The following further describes the Services.  Keep in mind, however, that MR may not provide all of these Services on each and every Site; and that MR might make certain Services available only to certain subscribers.  MR reserves the right, but not the obligation, to change or otherwise alter the operation, features and content of the Services as MR sees fit in its sole discretion from time-to-time.

a.     Product purchases.  The Site may allow you to purchase certain products, some of which might only be made available to you upon completion of an online form or other instructions provided to you by MR.

b.     Preorders. The Site may allow you to preorder certain products that will be delivered to you at a later date when the product becomes available. When you preorder a product, you will be charged a deposit in the amount specified at checkout. When the preordered product arrives in MR’s inventory, MR will notify you, automatically process any remaining expenses, including any shipping fees, taxes and/or duties, and arrange for shipment. In the event a preordered product becomes unavailable for any reason, you will be refunded in the form of site credit.

i. You may change a submitted order only while the preorder event is still active. A new order will have to be placed should you wish to make additional changes after that time. 

ii. You may cancel a preorder up to 30 days after the date your order was placed. You will be refunded in the form of site credit. After 30 days, you may not cancel your order without the express written consent of MR.

b.     Donations.  The Site may allow you to donate money in support of MR’s philanthropic efforts.

 

4.     Your Devices.  Certain portions of the Site or the Services may be configured for and offered through certain televisions, computers, tablets, smart phones or other electronic devices (“Device(s)”); and this Agreement shall apply with equal force and measure to your visit, access, registration with, subscription to and use of the Site and/or the Services through all such Devices.  You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly visit, access, register with and use the Site and the Services.  MR does not guarantee that the Site, the Services, or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier or network.  If you visit, access, register with, subscribe to or use the Site or the Services through a particular Device, then you hereby acknowledge and agree that information about your use of the Site or the Services through that Device or its carrier or network (such as, by way of example only, the identity of your Device, or your Device’s carrier or network) may be communicated to MR and/or certain third parties (such as, by way of example only, your Device’s carrier or network).  All of the voice, message and data fees, rates, charges and taxes of your Device’s carrier or network, or another third party, may apply to your visit, access, and/or use of the Site and/or the Services.  You accept full and sole responsibility for such fees, rates, charges, and taxes, if any. 

 

5.     Ownership.  The Site, the Services, and all elements and derivatives of the foregoing (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation and expressions), as well as all copyrights, trademarks, trade secrets and other intellectual properties of the foregoing, are owned, licensed or permissibly used by MR.  In no event shall you have or retain any rights, titles or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement.  No rights or permissions granted to you under this Agreement are coupled with an interest.  Nothing contained in this Agreement shall be construed as a waiver or limitation of MR’s or its licensors’ respective rights and remedies under applicable law.

 

6.     Rights, Permissions, and Consents.

a.     License of the Site.  Subject to the terms and conditions of this Agreement, MR grants you a limited, non-exclusive, personal, freely revocable, non-transferable and non-sub-licensable license to access and view the various publicly displayed pages of the Site, and to view the information and content found thereon.  Your unauthorized use of the Site or the Services, or any breach by you of this Agreement, automatically terminates this license.

b.     License of the Services.  MR grants you a limited, non-exclusive, personal, freely revocable, non-transferable and non-sub-licensable license to access and use the Services, subject to the terms of this Agreement and any other applicable payment or other obligations imposed as part of your access or use. Your unauthorized use of the Site or the Services, or any breach by you of this Agreement, automatically terminates this license.

c.     Reservation of Rights.  Nothing in this Agreement shall restrict or limit MR’s rights, titles or interests in or to the Site, the Services, or any elements or derivatives of the foregoing.

7.     Suspension or Termination of Service; Disclaimer.  MR has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Site or the Services at any time, and without notice or recourse, as MR deems advisable in its sole discretion.  MR shall not be liable to you or any third party(s) for any loss or damage that is caused by, or arises from or in connection with, any such suspension or termination (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service or loss of content).

 

8.     Payments.

a.     Products and Services.  MR reserves the right to refuse its products and services to you for any reason or no reason, sufficient to MR in its sole discretion.  If MR suspects that you are in any way involved in fraudulent or illegal activity, (including, without limitation, the use of stolen credit cards), it may contact your payment method issuer, law enforcement or others and share information relating to your payments if MR believes doing so will prevent a violation of the law or financial loss.

b.     Third-Party Vendors.  All credit card, debit card and other monetary transactions made on or through the Site occur through an online payment processing application that is provided by a third-party vendor(s).  MR’s relationship with its third-party vendors, if any, is merely contractual in nature.  They are nothing more than third-party vendors and are in no way subject to MR’s direction or control. The relationship between MR and its vendors is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, contractors or the like.

c.     Payment Authorization.  If you provide your payment information through the Site, or in conjunction the purchase of any goods or Services offered thereon, then you authorize MR to do the following as MR  deems necessary:  (a) share your payment information with its third-party payment processing vendor(s); (b) obtain your updated payment information from your payment issuer, MR’s third-party payment processing vendor(s) and/or applicable third-party providers; and (c) use your payment information to charge payments that accrue under your account(s) with MR or through your use of the Site or Services.

d.     Payment Obligations.  You agree that you are responsible for the payment of all amounts that you accrue through your use or interaction with the Site or Services, MR’s third-party payment processing vendor(s), and/or any other third-party providers on, through or in relation to the Site (including, without limitation, all shipping and handling charges associated with the delivery of any products that you may purchase).  You also agree to be responsible for all payments, fines, penalties and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept on, through or in relation to the Site, including, without limitation, all fees, penalties, taxes and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.

e.     Waiver of Claims; Unauthorized Payments.  To the fullest extent permitted by law, you agree to waive all claims against MR related to any unauthorized payments made on, through or in relation to your use of the Site or Services, MR’s third-party payment processing vendor(s), any other third-party providers and/or any other person or entity, regardless of whether they are authorized or unauthorized.

f.      Accurate Payment Information.  You represent and warrant to MR that any payment information you provide on or through the Site is current, complete and accurate; and that you will promptly notify MR if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.

g.     Refunds, Returns and Exchanges.  All sales and payments made on, through or regarding the Site, or any products and services offered, sold or provided to you on or through the Site (including, without limitation, the Services), as applicable, are final, irrevocable, and not subject to or eligible for refund, return or exchange, in whole or in part, except as expressly stated in this Agreement or other written agreement between you and MR, and subject to your full compliance with the terms and conditions of those exceptions.

9.     Electronic Communications.

a.     Express Consent.  You hereby expressly consent to MR and its affiliated companies sending you any type of electronic message (including, without limitation, advertising, telemarketing, or other commercial e-mails and text messages, informational e-mails or text messages, and electronic notices, updates, and newsletters), whether through the Site, Services or by personal communication, e-mail, text message, automatic telephone dialing system, or artificial or prerecorded voice, online social media or any other electronic media means or forms.  By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules or regulations.  Voice, message, and data fees, rates, charges and/or taxes may apply to you, and you are responsible for payment of the same.  You are not required to grant the foregoing consent as a condition for purchase or license of any other MR products or services.

b.     Opt-Out.  You may opt-out of receiving any electronic messages from MR as described above any time by any reasonable means, including, without limitation and by way of example, by sending an e-mail to Info@melesiarobinson.com, with a subject line of “Opt-Out of Electronic Communications.”  You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, MR’s products or services (including, without limitation, the Services) and/or your ability to receive certain messages and/or notifications from MR.

10.  Prohibited Activities.  You shall not engage in any of the following activities at any time with respect to the Site or the Services:  (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by MR or its licensors with respect to the Site or the Services); (c) the reproduction of the Site or the Services or any communications, information or content found thereon or therein, in whole or in part, or the creation of any derivatives works of the foregoing (unless expressly authorized by MR herein); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening or abusive); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer or randomly generated content; (g) supplying or publishing any information or statements on, through or in relation to the Site that is false, misleading, deceptive or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers or applications; (i) the systematic retrieval or copying of any information or content found on, through or in relation to the Site, the Services, or their servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database or directory; (j) the use of any software, program, process, device, application or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site, the Services, or their servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like on, through or in relation to the Site, the Services, or their servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site, the Services, or their servers; (m) any act that gains or attempt to gain unauthorized access to computer systems, networks, information or materials on, through or in relation to the Site, the Services, or their servers; or (n) any other act that MR becomes aware of and believes in good faith is improper, illegal or harmful to the Site, its servers, or any person, entity or property.

 

11.  Links to Other Sites, Apps, Networks, Platforms and Servers.

a.     Linked Technologies.  The Site and/or any communications sent on, through or as a function thereof may contain links to third-party websites, networks, platforms, servers and/or applications, and, similarly, third-party websites, networks, platforms, servers, applications and/or communications may contain links to the Site and/or the Services (collectively, “Linked Technologies”).  The Linked Technologies are not under the control of MR.  The Site, the Services, and any such communications contain the outgoing links as a convenience to you, if for any purpose.

b.     Disclaimer About Linked Technologies.  MR is not responsible for any information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from the Linked Technologies (including, without limitation and by way of example only, malicious software, spyware programs, inaccurate information and illegal content).  MR does not make, nor has MR made, any representations or warranties (express, implied or otherwise) concerning the terms of use or service, privacy policies, agreements, information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from the Linked Technologies; nor shall the fact that the Site may link to or from any Linked Technologies constitute an affiliation with, association with or endorsement of such Linked Technologies or any information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from such Linked Technologies.  If you decide to access any Linked Technologies, then you do so at your own risk.

12.  User Representations, Warranties, and Covenants.  You represent, warrant and covenant to MR that:  (a) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (b) you have read and understand this Agreement in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of this Agreement; (d) you understand and acknowledge that by accepting this Agreement you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Agreement; (f) you will not violate any applicable international, federal, state or local laws which may concern the Site, its servers, the Services or any information, communications or content found on or through them; (g) MR is not required to seek the permission of or compensate any third party(s) to exercise any of the rights granted by you under this Agreement; (h) no obligation, disability, agreement or adverse claim exists that may restrict your performance or grant of rights hereunder; (i) all information you provide to MR in connection with your access or use of the Site and the Services is truthful and accurate; and (j) you are not listed on any United States government list of prohibited or restricted parties.

 

13.  Disclaimers and Limitations.

a.     General Disclaimer.  Your visit, access, registration with, subscription to or use of the Site and any products or services made available to you on, through or in relation to the Site (including, without limitation, the Services) in any way is done at your own risk.  The Site, those products and services, the success or performance of the Site or those products and services, and all information, communications, content and features offered, marketed, sold, provided, licensed or made available on, through or in relation to the Site or those products and services are provided to you on an “as is,” “where is,” “as available,” and “with all faults” basis.  MR does not make, nor has MR made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written or express or implied) to you with respect to the Site, those products and services, any such information, communications, content and features or their success, performance, functionality, quality, completeness, accuracy, reliability, marketability or safety.  MR expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, performance, functionality, quality, completeness, accuracy, reliability and safety) and warranties arising from conduct, course of dealing, custom and usage in trade with respect to the Site, those products and services, any such information, communications, content or features and their success, performance, functionality, quality, completeness, accuracy, reliability, marketability and safety.  MR does not make, nor has MR made, any affirmation of fact, promise or warranty (express, implied or otherwise) relating to the Site, the Services, any such information, communications, content or features or their success, performance, functionality, quality, completeness, accuracy, reliability, marketability or safety that extends beyond the face of this Agreement or that has become any basis of any bargain.

b.     Disclaimer About Products and Services.  All descriptions, images, references, features, content, specifications, products and prices of any products or services offered on, through or in relation to the Site (including, without limitation, the Services) are subject to change at any time and without notice to you.  Certain weights, measures and other descriptions are approximate and are provided for convenience purposes only.  The inclusion of any products or services on, through or in relation to the Site (including, without limitation, the Services) does not imply or warrant that they are or will be available.  It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the receipt, possession, use and sale of any product or service ordered or purchased on, through or in relation to the Site (including, without limitation, the Services).  MR reserves the right, with or without prior notice to you, to do any one or more of the following:  (i) limit the available quantity of or discontinue any such product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar you from making or completing any transactions on, through or in relation to the Site or the Services; and (iv) refuse to provide you with any such product or service.

c.     Disclaimer About System Delays.  You understand and acknowledge that the Site and the Services may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of MR’s control.  Accordingly, MR shall not be responsible for, and expressly disclaims, any delays, failures, losses, injuries, liabilities or damages associated with the Site or the Services which result from any system delays, downtimes, interruptions or other failures of or problems with the Site, or the Services which are outside of MR’s control (including, without limitation, scheduled maintenance or network failure).

d.     Limitation of Liability.  In no event shall MR or any of MR’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs or repair costs) caused by or arising from or in connection with:  (i) your visit, access, registration with, subscription to or use of the Site or the Services, or your inability to visit, access, register with, subscribe to or use the Site or the Services; (ii) any products or services made available on, through or in relation to the Site (including, without limitation, the Services); (iii) any statements, content or conduct of any third party on, through or in relation to the Site or any such products or services; (iv) any unauthorized access to or alteration of your personal information; (v) any hacking, denial of service attacks, data security breaches or other third-party conduct that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), or network(s); (vi) any transmission, download or infection of any software, system, program, file, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware and malware) that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), or network(s); (vii) the fact that you have relied on any information, content or communications published on, through or in relation to the Site or any such products or services; or (viii) any acts, errors or omissions of any third-party providers.  If you are dissatisfied with the Site or any products or services offered, sold, licensed or made available on, through or in relation to the Site (including, without limitation, the Services), then your sole and exclusive remedy is to discontinue your access and use of the Site and such products and services.

e.     No Injunctive Relief.  If MR breaches or otherwise violates this Agreement, then you shall not be entitled to seek or obtain, and you do hereby waive, any type of injunctive relief against the Site or any products or services made available on, through or in relation to the Site (including, without limitation, the Services) as a result of such breach or other violation.  For the avoidance of doubt, the foregoing limitation on injunctive relief does not limit your ability to seek or recover any monetary remedies authorized by law in the event of any such breach or other violation (except for those which are otherwise expressly precluded by this Agreement).

f.      Limitation of Remedies.  If MR breaches or otherwise violates this Agreement, then in no event shall you be entitled to recover any special, incidental, consequential, speculative or punitive damages arising out of or in relation to such breach or other violation, even if MR has been notified of the possibility of such damages; and in no event shall MR’s liability under this Agreement exceed the amount that you have actually paid directly to MR within the six (6) month period immediately preceding the date of such breach, if any, or other violation of this Agreement.

g.     Consumer Protections.  The disclaimers and limitations set forth in this section are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.

14.  General Release of Claims.  You hereby release and hold harmless MR and MR’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Site, the products or services made available on, through or in relation to the Site (including, without limitation, the Services) and/or the rights and privileges granted or conveyed by you under this Agreement.

 

15.  Indemnification.  You hereby agree to indemnify, release and hold harmless MR and MR’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorneys’ fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with (a) your acts, errors or omissions, (b) your use of the Site or any products or services made available on, through or in relation to the Site (including, without limitation, the Services) in any manner contrary to the terms and conditions of this Agreement, (c) your violation of the rights of or other injury to any third party, and/or (d) your breach of all or any part of this Agreement.

 

16.  Term; Termination; Survival.  This Agreement shall continue and remain in effect until it is terminated in accordance with the terms and conditions herein.  MR may terminate this Agreement at any time, for any or no reason, and without notice to you (including, without limitation, if MR believes that you have violated or acted inconsistently with any term or condition of this Agreement).  If this Agreement is terminated for any reason, then all rights granted to you under this Agreement shall automatically revert back to MR, and the following shall survive in perpetuity:  (a) all defined terms under this Agreement; (b) all rights and privileges under this Agreement which were granted to and/or accrued in favor of MR and/or any of MR’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the date of this Agreement’s termination; (c) all payments which accrued as of the date of termination; (d) all disclaimers, limitations of liability and limitations of remedies; and (e) all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under this Agreement.

 

17.  Governing Law.  This Agreement, the additional terms, conditions and policies referenced herein (including MR’s Privacy Policy), your visit, access, registration with, subscription to or use of the Site or the Services, any transactions made on, through or in relation to the Site, any products or services purchased on, through or in relation to the Site (including, without limitation, the Services), the Parties’ relationship and all disputes, controversies and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) shall be governed, interpreted, construed and enforced in accordance with the laws of the State of New York in the United States of America, regardless of any choice of law analysis.  For the avoidance of any doubt, the United Nations Convention on Contracts for the International Sale of Goods shall have no application whatsoever.

 

18.  Dispute Resolution.

a.     Forum; Waiver.  Any action, suit, or other proceeding arising out of or relating to this Agreement, or any transaction contemplated thereby, shall be brought exclusively in the state or federal courts located in New York County, New York, and the Parties hereby irrevocably consent to the exclusive jurisdiction of, and venue in, said courts.  The Parties hereby irrevocably waive any objection each may now or hereafter have to such jurisdiction and venue.

b.     Waiver of Jury Trial and Class Action.  Each Party does hereby waive his/her/its right to a trial by jury, to participate as the member of a class in any purported class action or other proceeding, or to name unnamed members in any purported class action or other proceedings with respect to any action, suit, or other proceeding arising out of or relating to this Agreement, or any transaction contemplated thereby.

19.  Notice.  Unless otherwise expressly stated in this Agreement, MR may give or deliver all other notices to you by means of a general notice posted on this or another page of the Site, or by email or other electronic communication to you.

 

20.  Miscellaneous.

a.     Electronic Signatures.  If your acceptance of this Agreement is further evidenced by your affirmative assent to the same (e.g., by a “check the box” acknowledgment procedure), then that affirmative assent is the equivalent of your electronic signature to this Agreement.  However, for the avoidance of doubt, your electronic signature is not required to evidence or facilitate your acceptance and agreement to this Agreement, as you agree that the conduct described in this Agreement as relating to your acceptance and agreement to this Agreement alone suffices.

b.     Excused Performance.  MR is hereby excused for any failure to perform under this Agreement to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event.

c.     Assignment and Delegation.  You shall not assign, delegate, or otherwise transfer any of your rights or obligations under this Agreement without MR’s prior written consent in each instance.

d.     Construction and Interpretation.  This Agreement shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.

e.     Headings.  Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit or describe the scope, intent, terms or conditions of this Agreement.

f.      Severability.  If any term or condition of this Agreement is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.

g.     Entire Agreement.  This Agreement, together with those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including MR’s Privacy Policy), constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof; supersedes any prior agreements and understandings, if any, between the Parties with respect to such subject matter; and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.

21.  Contact Us.  Please direct any questions you may have about the Site, the Services, or this Agreement to Info@melesiarobinson.com, with a subject line of “Website Question.”  The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Agreement.

 

22.  Last Modified.  This Agreement was last modified on 26 May, 2021.