Terms of service
OVERVIEW
Welcome to Murchison-Hume USA! The terms “we”, “us” and “our” refer to Murchison-Hume USA. Murchison-Hume USA operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Murchison-Hume USA is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Murchison-Hume USA reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Murchison-Hume USA confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Murchison-Hume USA may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Murchison-Hume USA, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Murchison-Hume USA, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Murchison-Hume USA.
Murchison-Hume USA’s names, logos, product and service names, designs, and slogans are trademarks of Murchison-Hume USA or its affiliates or licensors. You must not use such trademarks without the prior written permission of Murchison-Hume USA. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Murchison-Hume USA is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Murchison-Hume USA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Murchison-Hume USA, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Murchison-Hume USA.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Murchison-Hume USA, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Murchison-Hume USA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Murchison-Hume USA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Murchison-Hume USA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Murchison-Hume USA is headquartered. You and Murchison-Hume USA consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at howdy@murchison-hume.com.
Our contact information is posted below:
Murchison-Hume LLC
howdy@murchison-hume.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] OVERVIEW
Welcome to Murchison-Hume USA! The terms “we”, “us” and “our” refer to Murchison-Hume USA. Murchison-Hume USA operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Murchison-Hume USA is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Murchison-Hume USA reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Murchison-Hume USA confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Murchison-Hume USA may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Murchison-Hume USA, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Murchison-Hume USA, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Murchison-Hume USA.
Murchison-Hume USA’s names, logos, product and service names, designs, and slogans are trademarks of Murchison-Hume USA or its affiliates or licensors. You must not use such trademarks without the prior written permission of Murchison-Hume USA. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Murchison-Hume USA is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Murchison-Hume USA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Murchison-Hume USA, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Murchison-Hume USA.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Murchison-Hume USA, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Murchison-Hume USA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Murchison-Hume USA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Murchison-Hume USA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Murchison-Hume USA is headquartered. You and Murchison-Hume USA consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at howdy@murchison-hume.com.
Our contact information is posted below:
Murchison-Hume LLC
howdy@murchison-hume.com
MURCHISON-HUME LLC TERMS OF USE
Effective Date: December 1, 2011
IMPORTANT LEGAL INFORMATION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE, ANY OTHER MURCHISON-HUME LLC WEBSITE AND ANY MURCHISON-HUME LLC ONLINE CHANNEL WHERE THESE TERMS OF USE ARE LINKED, SUCH AS BUT NOT LIMITED TO OUR MICROSITES AND OUR PAGES ON SOCIAL MEDIA SITES, SUCH AS FACEBOOK OR TWITTER (ALL OF THE FOREGOING IN THIS PARAGRAPH ARE INDIVIDUALLY AND COLLECTIVELY THE “SITES”) IS GOVERNED BY THESE TERMS OF USE AND ALL APPLICABLE STATUTES, LAWS, REGULATIONS, RULES AND ORDERS. BY ACCESSING AND USING THE SITES, YOU CONFIRM YOUR UNCONDITIONAL ACCEPTANCE OF ALL OF THE FOLLOWING TERMS AND CONDITIONS, WHICH ARE A LEGALLY BINDING CONTACT BETWEEEN YOU AND MURCHISON-HUME LLC (“MH”, “WE” “US” OR “OUR”. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DON’T VISIT OR USE THE SITES.
Copyrights; Use of The Sites. As between you and us, the design of the Sites and any and all text, graphics, information, video, audio, animation, content, software, other technology components and any and all other materials of every kind and nature now or later contemplated (the phrase “of every kind and nature now or later contemplated” is now referred to in these Terms of Use as “EKN”) displayed on, in or that can be accessed, streamed or downloaded from the Site are solely owned and controlled by us from inception in perpetuity and are all protected by U.S. and international copyright, trademark and other laws and treaties. You don’t acquire any right, title or interest of any kind or nature now or later contemplated (the phrase “of any kind or nature now or later contemplated” is now referred to in these Terms of Use as “AKN”) in any of the foregoing by virtue of accessing or making any uses of the Site.
Any unauthorized use of any such information or materials may violate U.S. and/or international copyright and/or other laws, treaties and regulations, is prohibited and without limitation, a violation of these Terms of Use. In the event of a violation of these laws, treaties or regulations, we have the irrevocable right to seek all remedies available per these Terms of Use, by law, in equity or otherwise (individually and collectively “Remedy/ies”). We also have the irrevocable right to block or deny access to the Sites to anyone at any time for any reason or no reason, in our sole, subjective discretion (“Discretion”).
While using the Sites, you’re required to comply with any and all applicable statutes, orders, regulations, rules and other laws. In addition, we require users of the Sites to respect the rights and dignity of others. Your use of the Sites is conditioned on your compliance with the rules of conduct set forth in these Terms of Use.
Unless otherwise expressly authorized in these Terms of Use, it’s also a violation of them to do any of the following:
(i) reproduce, publicly display, perform, distribute, sell, resell or otherwise use or exploit any such information or materials for any public or commercial purpose AKN;
(ii) modify any information or materials on the Sites in any way or copy, reproduce, rent, lease, loan, publish, transmit, distribute, perform, display, create derivative works from, decompile, disassemble, reverse engineer, sell, license or otherwise exploit the Sites or anything on or accessible through them, in whole or in part;
(iii) interfere with the Sites or any other user's use of the Sites including but not limited to, by hacking or defacing any portion of the Sites, inserting any code, product or otherwise manipulating the Sites in any way that affects any user's experience;
(iv) post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Sites:
anything that is or may be: threatening, harassing, degrading, hateful or intimidating; defamatory; fraudulent or tortious; obscene, indecent, pornographic or otherwise objectionable; or, protected by copyright, trademark, trade secret, right of publicity or other proprietary right, without the express prior consent of the owner of such right;
any material that: could give rise to criminal or civil liability; that contains or promotes violence, drug use, illegal gambling or other criminal activity; that encourages conduct that constitutes a criminal offense; or, that encourages or provides instructional information about illegal activities or activities such as but not limited to "hacking," "cracking," or "phreaking”;
any virus, worm, Trojan Horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive to the Sites, used to monitor the use of the Sites or any hardware, software or equipment, or which may or is intended to damage or hijack the operation of the Sites;
any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", investment opportunity or any other form of solicitation;
Any material, non-public information about an entity without the proper written authorization to do so;
(v) use the Sites for any fraudulent or unlawful purpose;
(vi) use the Sites to defame, abuse, harass, stalk, threaten or otherwise violate any legal or other rights of another person or entity (“Person”) AKN including without limitation, another Person’s privacy rights or rights of publicity, or to harvest or collect “Person Information” (as defined in our Privacy Policy) about users of the Sites;
(vii) impersonate any Person including without limitation, any representative, affiliate or designee of ours, falsely state or otherwise misrepresent your affiliation with any Person in connection with the Sites or express or imply that we endorse any statement you make;
(viii) interfere with or disrupt the operation of the Sites or the servers or networks used to make the Sites available; or violate any requirements, procedures, policies or regulations of those networks;
(ix) use the Sites to advertise or offer to sell or buy any goods or services AKN for any business purpose, without our express prior written consent, which we can withhold in our Discretion (“Approval” or “Approved”);
(x) Remove any copyright, trademark or other proprietary rights notice AKN from the Sites or materials originating from or accessible through the Sites;
(xi) Frame or mirror any part of the Sites;
(xii) Create a database by systematically downloading and storing any materials available on or through the Sites;
(xiii) Use any robot, spider, site search/retrieval application or other manual or automatic device AKN to retrieve, index, "scrape," "data mine" or in any way gather any materials available on or through the Sites or reproduce or circumvent the navigational structure or presentation of any materials available on or through the Sites.
Additionally, you are solely responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment, and services needed to access and use the any materials available on or through the Sites and paying all charges related to it.
We have the irrevocable right in our Discretion, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. Neither we nor any parent, subsidiary, or affiliate, nor any of our or their respective sponsors, vendors, licensors, or licensees is liable to you or to any third party for any modification, suspension or discontinuance of the Sites, in whole or in part, or of any service, content, feature or product offered on or through the Sites.
Trademarks. MH also owns and/or controls from inception in perpetuity all and all rights, titles and interests EKN regarding our trademarks, trade names, look and feel, brands and trade dress (which along with all associated logos and images are individually and collectively “Trademarks”) including be not limited to, those on the Sites. All Trademarks are registered, pending registration and/or common law trademarks of MH and are protected by U.S. and international laws and treaties. You don’t acquire any right, title or interest AKN in any Trademarks by virtue of accessing or making any uses of the Site. Any unauthorized use of any such information or materials may violate U.S. and/or international trademark and/or other laws, treaties and regulations, is prohibited and without limitation, a violation of these Terms of Use. We will aggressively enforce our intellectual property and allied rights to the fullest extent of the law including but not limited to, criminal prosecution and all other Remedies.
Patents. One or more patents may apply to the Sites including without limitation: U.S. Patent Nos: N/A
Zero Tolerance. We and our affiliates have a strict, zero-tolerance policy regarding the use of our copyrights, Trademarks and patents. Without limitation, we consider use of our Trademarks and/or patents in page text, metatags, metatag keywords and/or hidden text including without limitation, for purposes of gaining higher rankings from search engines, trademark infringement and/or unfair competition. Linking to any page on the Sites is prohibited without our Approval. Framing, inline linking or other association of the Sites or its or its suppliers software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or any other information EKN not originating from the Sites is prohibited.
User Information. Other than “Personal Information”, which is defined in and subject to our Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments and other communication EKN you transmit or post to the Sites in any manner EKN including but not limited to, those submitted through services connected through the Sites, such as product reviews and via social media (individually and collectively, in whole and in part "User Communications") is non-confidential and non-proprietary. We don’t accept any User Communications under any obligations AKN, either expressed or implied. So, please don’t send us Use Communications you want us to keep confidential or for which you expect to receive compensation. Notwithstanding anything to the contrary in these Terms of Use, if you choose to make any of your Personal Information, User Communications or anything else publicly available in any forum or otherwise on or through any social media links available on or through the Sites, you do so at your sole risk.
You expressly represent, warrant, covenant and agree (“Warranty” or “Warrant”): that you have the authority to submit all User Communications; that we may use all such User Communications for the purposes intended; that all User Communications shall be true, accurate and complete; and, that you will maintain and update User Communications as needed, such that it remains true, accurate and complete.
In exchange for the opportunity to submit User Communications, you irrevocably grant us an unrestricted, non-exclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, prepare derivative works from, perform, market, distribute, exhibit, broadcast and otherwise exploit the User Communications via any and all forms and formats of exploitation EKN, for any purpose EKN, whether in connection with the submitted User Communications or not, without any payment to or further authorization by you. You also irrevocably grant to the unrestricted non-exclusive right, but not the obligation, to use your name, photograph, picture, likeness, moving image, voice and biographical material and that of others contained in your User Communications, whether in their original submitted form or otherwise, in perpetuity throughout the universe. We may, but are not obligated to, monitor or review any User Communications and have the irrevocable right to remove User Communications in our Discretion. We have no obligation to use, return, review or respond to any User Communications. We have no liability related to the content of any User Communications, whether or not arising under any U.S. and/or international laws or treaties AKN. If you are accessing and using this Site on behalf of another Person, you Warrant that you have the authority to bind that Person as a principal to these Terms of Use and you accept full liability for any and all harm or damage EKN caused by any wrongful use of the Sites.
Content. We don’t endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted on forums, blogs or through User Communications contained on the Sites (individually and collectively, in whole and in part "Content"). Any Content placed online including but not limited to, advice, opinions and stories are solely the views and responsibility of those who post the Content and don’t necessarily represent our views.
Products and Specifications. All features, content, specifications, products and prices of products and services described or depicted on or through the Sites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products including their contents and container colors. However, the actual color you see depends on your computer system and we can’t guarantee that your computer will accurately display such colors. The inclusion of any products or services on or through the Sites at a particular time doesn’t imply or Warrant that these products or services will be available at any time.
Orders. There may be certain orders that we’re unable to accept and/or must cancel. We can in our Discretion: refuse or cancel any order for any reason or no reason including but not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information or problems identified by our credit and fraud avoidance department; and, limit the quantity of items purchased per Person, per household or per order. These restrictions may be applicable to orders placed by or using the same online account, the same credit card and also to orders that use the same billing and/or shipping address. We’ll provide notification to you should such limits be applied.
We may also require additional verifications or information before accepting any order. We’ll contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
We don’t sell products for children, but do sell them to adults who can purchase with a credit card. If you are under 18, you may use the Sites only with approval and involvement of a parent or legal guardian. If you are under 18 and use the Sites, we are relying on the fact that you’re doing so with the approval and involvement or a parent or legal guardian.
Shipping Limitations. When an order is placed for our products, they’ll be shipped to an address designated by the purchaser as long as that shipping address is compliant with any shipping restrictions contained on the Sites. All purchases from the Sites are made pursuant to a third party shipment contracts. As a result, it may be necessary for you to file claims with them or other carriers for damaged and/or lost shipments. We have no liability AKN for any damaged and/or lost shipments.
Accuracy of Information. We attempt to ensure that information on the Sites is complete, accurate and current. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out of date. Please bring to our attention any information you believe is inaccurate, by contacting us at info@murchison-hume.com, along with a detailed explanation of your beliefs of inaccuracies. We make no Warranty AKN as to the completeness, accuracy or current nature of any information on the Sites and neither MH, its affiliates or suppliers makes any commitment or assumes any duty to update that information. For example, products or services included on or through the Sites may be unavailable, may have different attributes than those listed or shown or may actually carry a different price than that stated on the Sites. In addition, we may make changes in information about price and availability in our Discretion and without notice. While it’s our practice to confirm orders by email, the receipt of an email order confirmation doesn’t constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We have the irrevocable right, without prior notice, to limit the order quantity on any product or service and/or to refuse fulfillment of orders to any customer. We also may in our Discretion require verification of information prior to the acceptance and/or shipment of any order.
Linking to the Sites. You aren’t allowed to maintain any link from another website to any page on the Sites without our Approval. You also aren’t allowed to run or display the Sites or any information or material displayed on or accessible via the Sites in frames or through similar means on another website without our Approval. Any permitted links to the Sites must comply will all applicable laws, rules and regulations.
Third Party Links. Periodically, links may be established from the Sites to one or more external websites or resources operated by third parties ("Third Party Sites"). These links are provided only for your convenience. In addition, certain Third Party Sites also may, with our Approval, provide links to the Sites. None of these links imply that we endorse any Third Party Sites or any content on them. We don’t control and are not responsible or liable for any Third Party Sites or any content, advertising, products or other materials AKN on or available through Third Party Sites. Access to any Third Party Site is at your own risk and we have no liability AKN arising out of or related to Third Party Sites and/or their content or for any damages or loss AKN caused or alleged to be caused by or in connection with any visit to, purchase from, use of or reliance on anything available on or through a Third Party Site.
Your Account. You may choose to create a customer account at the Sites (“Account”). If you do, you’ll have an email address, user name and password for your Account. To protect your Account, you should choose a username and password different than names, birthdays or street addresses associated with you. You may also want to choose a username and password different that the ones you use for other websites and change them periodically. You’re solely responsible for maintaining the confidentiality of your Account, user name and password and for restricting access to your computer and other devices from which you access your Account. You’re also solely responsible for any and all activities EKN that occur under your Account, user name or password.
WARRANTY DISCLAIMERS. YOUR USE OF THE SITES IS AT YOUR RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ALL INFORMATION, PRODUCTS, MATERIALS AND SERVICES EKN PROVIDED ON OR THROUGH THE SITES ARE PROVIDED "AS IS" AND ‘AS AVAILABLE”, WITHOUT ANY WARRANTIES AKN. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES EKN TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THESE INCLUDE WITHOUT LIMITATION: WARRANTIES OF MERCHANTABILITY, USE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, NON-INFRINGEMENT, ERROR-FREE OR UNINTERRUPTED SITES ACCESS, FAILURE TO STORE ANY OF YOUR COMMUNICATIONS OR PERSONALIZED SETTINGS; WARRANTIES ARRISING OUT OF COURSE OF DEALING, USAGE OR TRADE; WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT; AND, WARRANTIES RELATING TO THE ACCURACY, COMPLETENESS, LEGALITY OR USEFULNESS OF ANY INFORMATION OR DATA AVAILABLE ON OR THROUGH THE SITES.
ANY AND ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITES, YOUR SOLE REMEDIES, IF ANY, ARE FROM THE APPLICABLE MANUFACTURERS, DISTRIBTORS AND/OR SUPPLIERS OF SUCH PRODUCTS IN ACCORDANCE WITH THEIR RESPECTIVE WARRANTIES, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE. WE’RE NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, CLAIMS AND GUARANTEES EKN TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITES INCLUDING BUT NOT LIMITED TO: THOSE RELATED TO PRODUCT DEFECT OR FAILURE; CLAIMS THAT ARE DUE TO NORMAL WEAR AND TEAR; PRODUCT MISUSE OR ABUSE; AND, IMPROPER PRODUCT SELECTION.
THE INFORMATION CONTAINED IN INGREDIENT, NATURAL, PROCESSES AND FAQS PAGES OF THE SITES FOR SOME OF OUR PRODUCTS MAY CONTAIN INFORMATION ABOUT NATURAL INGREDIENTS AND NATURAL PROCESSES OF DIFFERENT TYPES, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION.
SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT ISN’T INTENDED AS MEDICAL ADVICE FOR ANY INDIVIDUAL CONDITIONS OR TREATMENT, ISN’T A SUBSTITUTE FOR MEDICAL ADVICE, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. WE RECOMMEND SPEAKING WITH YOUR DOCTOR OR PHARMACIST BEFORE CHANGING YOUR PERSONAL CARE REGIMEN. ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.
THE LIMITATIONS IN THIS PARAGRAPH 14 DON’T APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitations of Liability. Neither we nor our suppliers are responsible or will be liable for any damages to, or any viruses that may infect, your computer, other devices, telecommunication equipment or any other property AKN, caused by or arising from your access to, use of, or browsing the Sites or your downloading of any information or materials from the Sites. IN NO EVENT WILL WE OR ANY OF OUR FORMER, PRESENT TO FUTURE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, MEMBERS, DIVISIONS, PARTNERS, ATTORNEYS, AGENTS, PARENTS, DESIGNEES, ADMINISTRATORS, PRINCIPALS, SUBSIDIARIES, SUCCESSORS OR ASSIGNS (INDIVIDUALLY AND COLLECTIVELY “AFFILIATE(S)”), NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES OR ANY OF THEIR RESPECTIVE AFFILIATES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES AKN INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITES, ANY WEBSITES LINKED TO THE SITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AKN AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY AKN, EXCEED THE PURCHASE PRICE PAID BY YOU OR ON YOUR BEHALF FOR THE APPLICABLE PRODUCTS OR SERVICES. WE HAVE SET THEIR PRICING BASED ON THESE LIMITATIONS AND THEY FORM A MATERIAL PORTION OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE FOREGOING LIMITATIONS SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TRMS OF USE IS FOUND TO HAVE FAILED FOR ITS ESSENTIAL PURPOSE.
IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT ON OR AVAILABLE THROUGH THEM, YOUR SOLE REMEDY IS TO CEASE USING THE SITES. THE LIMITATIONS IN THIS PARAGRAPH 15 DON’T APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Revisions to these Terms of Use. These Terms of Use may be revised in our Discretion at any time and from time to time by updating them here. You should visit this page from time to time to review the then-current Terms of Use because they are a legally binding between you and us. You can tell when these Terms of Use were last updated by the “Effective Date” at the top of these Terms of Use. Certain provisions of these Terms of Use may be superseded by legal notices or terms located on other pages of this Site. Your continued use of the Sites after any changes to these Terms of Use are posted, is your unconditional acceptance of all of those changes.
Indemnification. You agree to fully and effectively indemnify and hold, on demand, to the broadest extent allowed by law, MH and each of our former, present and future officers, directors, shareholders, agents, designees, employees, assignees, successors, independent contractors, assigns, administrators, principals, parents, subsidiaries, affiliates, divisions, partners, co-venturers, members and attorneys (“Relation(s)”) harmless, at your sole cost and expense, from and against any and all claims, liabilities, suits, losses, demands, actions, causes of action, notices, proceedings, disputes, costs, expenses, liens, encumbrances, disagreements and notices EKN including without limitation, actual attorneys and accountancy fees and all costs in any manner related to them in whole and in part (“Claim(s)”) occasioned by or arising out of any actual, alleged or anticipated breach (each a “Breach”) by you of these Terms of Use, or your use of materials or services available on or through the Sites in any unauthorized manner.
Choice of Law; Jurisdiction. These Terms of Use are governed by the laws of the State of California as they apply to agreements between California residents entered into and to be performed entirely within California, regardless of California’s or any other state’s or jurisdiction’s conflict of law rules. In the event that any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be contrary to law, they’re severed from these Terms of Use and all remaining provisions continue in full force and effect.
Any and all Claims between you and us arising out of, connected with, or related to these Terms of Use shall be brought for exclusive adjudication in our Discretion either: in the Federal or State Courts located in Los Angeles County, California, or for binding arbitration before a sole arbitrator by JAMS or another alternative dispute resolution entity of our Discretion (“AE”) located in Los Angeles County, California, subject to the rules of that AE as of the date of such Claim’s submission to that AE and further subject to the California Code of Civil Procedure sections relating to arbitration or alternative dispute resolution, as applicable. If submitted to an AE, you and we shall each choose an arbitrator from the AE’s list within thirty (30) days after submission of the Claim to the AE. The two (2) chosen arbitrators shall then together choose the sole arbitrator as soon thereafter as practicable. Should either you or we fail to choose an arbitrator within the thirty (30) days, then the other party has the sole right to choose the sole arbitrator. Judgment upon any award by the arbitrator may be entered in any California court having jurisdiction of it. This arbitration provision remains in full force and effect notwithstanding the nature of any Claim or defense to it. You and we both waive any claim that the courts or an AE in Los Angeles County, California doesn’t have jurisdiction or are an inconvenient forum. Any legal process in a Claim may, in addition to personal service, be served by a party as provided for in paragraph 21 below and has the same force and effect as personal service within California. In the event of any Claim, the prevailing party shall be awarded its reasonable attorneys’ fees and all costs from the non-prevailing party. The court or arbitrator, as applicable, shall determine who the prevailing party is, whether or not the Claim proceeds to final adjudication.
The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed by you and us. Nothing in this paragraph 18 is a waiver of any of our Remedies, or precludes us from either instituting a Claim in any jurisdiction or from joining you in a Claim brought by a Person against us in any jurisdiction, although our failure to join you in any Claim in one instance isn’t a waiver of any of our rights with respect to that Claim or any subsequent Claim brought by a Person against us.
A printed version of the current version of these Terms of Use is admissible in any proceedings based upon or relating to these Terms of Use, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination. You or we may suspend or terminate your account and/or your use of the Sites at any time, for any reason no reason. You are fully liable for any orders placed or charges incurred prior to termination. We have the irrevocable right to change, suspend, or discontinue any or all aspects of the Sites including but not limited to, links, at any time without notice, for any reason or no reason.
Intellectual Property Infringement; Digital Millennium Copyright Act Notice for Copyright Infringement. MH doesn’t permit intellectual property infringing activities on the Sites. We may remove in our Discretion any and all materials AKN including but not limited to, User Communications (individually and collectively “Materials”) if we’re properly informed that any Materials infringe a third party’s intellectual property rights including but not limited to, copyright rights. We can terminate the ability of a Sites user to access or otherwise use the Sites or to submit Materials if, under appropriate circumstances, it’s determined that such user is submitting Materials that infringe another Person’s copyright or other intellectual property rights.
If you’re a copyright owner or an authorized agent for that owner and believe that any Materials posted on the Sites by third parties infringes on your copyrights, you may notify MH by providing all the following information in writing:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed and the month, day, year, city, state, province and/or country where its signed;
(ii) identification of one or more URL locations where the original or an authorized copy of the copyrighted work exists;
(iii) a description of the infringing activity and identification of the Materials that is claimed to be infringing, the email address, website, URL, WHOIS data and any other information where the claimed infringement is taking place, reasonably sufficient to allow us to locate it;
(iv) information reasonably sufficient to permit us to contact you, such as your name, address, telephone number and if available, an email address;
(v) a statement that you have a good faith belief that use of the Material in the manner you complain of is not authorized by the copyright owner, its agent or the law; and
(vi) a statement that you swear under penalty of perjury that the information in your notification is accurate and that you are either the owner of or authorized to act on behalf of the owner of, an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
By Mail: Murchison-Hume LLC
14852 Ventura Boulevard, Suite 210
Sherman Oaks, CA 91403
By Email: Peterk@murchison-hume.com.
If you fail to comply with all of the requirements above, your notice may not be valid.
A notice to us of alleged infringement of any other type of intellectual property should be done as above.
Notices. Notices to you may be made via posting to the Sites, by providing links to such notices, by email, regular mail, by messenger or by other confirmed delivery service (for example, Federal Express or UPS) (“Delivery Service”), in our Discretion (in the latter three situations, via your most recent address that we have on file).
Posted notices are effective on posting. Mailed notices are effective five (5) days after mailing. Notices emailed or sent by Delivery Service are effective on the date of your receipt, provided that we receive written or printed confirmation of your successful receipt.
Entire Agreement; Miscellaneous, But Important. These Terms of Use are the entire agreement between you and us and supersedes any prior agreement, whether written or oral, relating to the subject matter of these Terms of Use. No waiver, modification or amendment of any of these terms and conditions is effective against us unless in writing and signed by an authorized representative of us. We don’t waive any power or right under these Terms of Use or otherwise, even if we don’t always insist on strict compliance with any of it, or if we delay or fail to exercise any power or right AKN given to us in these Terms of Use or otherwise. All our rights and Remedies are cumulative and not exclusive of any other rights or Remedies AKN which we have. These Terms of Use are binding on you and your executors, heirs, successors and assigns. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our Approval. All paragraph headings in these Terms of Use are for convenience only and don’t define or explain any section or provision.
This website © 2011 Murchison-Hume LLC, unless otherwise noted. All rights reserved.