BY PURCHASING FROM MELISSA MARIA LLC YOU WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.
The following is the terms of the agreement between Melissamaria.com (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Website (the “Site”). If you do not agree to these terms, please do not purchase anything. By purchasing products and/or services from this website you are implying agreement to these terms, so please review these terms carefully:
Buyer agrees to the terms and conditions outlined in this Purchase Agreement (“Contract”) with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
2. SETUP AND PAYMENT
Buyer represents and warrants that: (i) the credit card information or PayPal account supplied to our merchants Stripe.com or PayPal.com is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company or through the Buyer’s PayPal or Stripe account and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer’s password.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited..
4. EDITING, DELETING, AND MODIFICATION
Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
5. RIGHT TO REFUSE
Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
Buyer agrees to indemnify, defend, and hold harmless Company, its affiliates, agents, employees, and licensors from and against any and all liability, loss, claims and expenses, including reasonable attorney fees, arising out of or related in any way to Buyer’s use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or by Buyer’s credit card company or PayPal account.
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
Purchaser understands clearly that by purchasing any product from Releasee, Purchaser releases and forever discharges the Releasee from claims, demands, actions, or causes of action arising or to arise from or connected with any and all products and services provided by the Releasee, including any instructions, guiding, training, or representation connected with the same, which Purchaser or his or her heirs, executors, administrators, or assigns can, shall, or may have against the Releasee, including claims arising from the negligence of the Releasee. Purchaser also acknowledges that he or she is strictly entering into this contract with Melissamaria.com, not its employees, officers, directors, agents, successors, or assigns.
LIMITATION OF LIABILITIES
YOU AGREE THAT COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. REFUND POLICY
If a product purchased is not to Buyer’s satisfaction, Buyer can request a refund within 30 days of receipt, by submitting contacting the website at http://www.melissamaria.com/. In such event, Company shall provide Buyer a full refund of the purchase price or credit for other purchases from the Site. This Section 9 sets forth Buyer’s sole and exclusive right to refund. If product is not refundable it will be stated on the order form during purchase. Please read the terms and conditions before purchasing.
DATA DOWNLOAD & RECOVERY POLICY:
Due to the nature of our business and content turnover, it is imperative that customers download purchased files in a timely manner. For monthly memberships, the customer will have 30 days to download their new monthly content (files are updated on the first of the month and if the first of the month falls on a weekend or holiday, the files will be available the next business day). If the content is not downloaded, then it may be purchased based on availability.
We are not responsible for reminding customers to download items, so please make a note of when content is released and to download accordingly. We are also not responsible for computer crashes, software defects, acts of nature, or any other scenarios or accidents that result in the loss of files. We recommend using an online backup service.
We regularly delete older packages from the server and cannot guarantee availability at any given time. If, however, the customer requests retrieval of lost files that are available, an administrative fee will be incurred at a rate of $60 per hour with a minimum of one hour. Please note that, depending on the number and size of files, this can be upwards of 2-3 hours and this fee shall be payable before files are transferred.
10. SITE CONTENTS AND OWNERSHIP
Company owns the intellectual property rights of all information on this site including but not limited to the company name, logo, graphics, videos, audios, images, designs, photographs, writings, graphs, data, and other materials. Company’s ownership rights are protected by copyrights, trademarks, trade secrets, or other proprietary rights. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying. You may not copy, display, distribute, sell, modify, reproduce, or transmit this site or portions thereof without prior written consent from Company. Except as provided in this Agreement, Company does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
11. USE OF INFORMATION
Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.
12. GOVERNING LAW
This Contract shall be treated as though it were executed and performed in the state of New York and shall be governed by and construed in accordance with the laws of the state of New York (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within 1 month after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
All legal proceedings arising out of or in connection with this Contract shall be brought solely in the state of New York and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision. Each party waives all rights to object to the jurisdiction and venue set forth above. In the event a dispute arises regarding this Agreement, each party shall be responsible for its own attorney’s fees and expenses incurred.
This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. Buyer agrees to this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from Company solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
This Agreement constitutes the entire agreement between Company and you with respect to this website. This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements whether electronic, oral, or written between you and Company with respect to this website.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.
Company’s failure to enforce its rights under this Agreement or take action against any party for breach of this Agreement does not constitute a waiver of such rights, or of future subsequent enforcement of such rights.
MODIFICATIONS TO AGREEMENT
Company may revise this Agreement at any time. Your continued use of this site, our products and services serve as an agreement that you agree to be bound by the revised Agreement. Company’s modifications will become effective on the date they are first posted to this site. Company does not have any obligation to notify you of changes to this Agreement. It is your responsibility to review the terms to apprise yourself of modifications.
ASSIGNMENT OF RIGHTS
Your rights under this Agreement are not assignable.
Updated: November 2018