Terms and Conditions
PLEASE READ THIS MULBERRYLOVE.COM TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY. BY ACCESSING THE MULBERRYLOVE.COM SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This MulberryLove.com Terms and Conditions of Use (the "Agreement") governs your access to and use of the MulberryLove.com website accessible via http://www.mulberrylove.com including but not limited to areas and pages within the MulberryLove.com website used by you to establish and maintain an individual account with MulberryLove.com (the “Site”). As used in this Agreement, “we”, “us”, and “our” refers to MulberryLove.com owned by Mulberry Love LLC, a California limited liability company; “you”, and “your” refers to the you or your business entity, or anyone on your behalf accessing the Site. We reserve the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on the Site. We will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised (i.e., following the words "Last Revised"). The revised Agreement will be effective immediately after it is posted on the Site. If any modification is unacceptable to you, your only recourse is to terminate your use of the Site. Your continued use of the Site following our posting of a change notice or new agreement on the Site will constitute binding acceptance of the change and/or the new agreement.
1. Your Account.
If you create a MulberryLove.com account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MulberryLove.com sells products to adults who can purchase with a credit card or other permitted payment method. If you are under 18 you may use the Site only with involvement of a parent or guardian. MulberryLove.com reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.
2. Our License to Your Content.
In the event you provide us with data, images, text, information or other content (“User Content”), you agree and hereby grant to us a perpetual, royalty free and non-exclusive right and license to publish the User Content on the Site or on any other Site or in any other media throughout the universe. We may reproduce, modify, adapt, distribute and/or publish any User Content for any reason, in any media, at any time. For example, we may utilize User Content for online or offline advertising which promotes MulberryLove.com, Mulberry Love LLC, or its products without any royalty or payment being owed to you. Similarly, we may license Your Content to third parties, without any royalty or payment being owed to you.
You represent, warrant, and guarantee that you have the full right, ability, and authority to provide User Content and grant this license to us.
3. Reservation of Rights.
We reserve all rights not granted in this Agreement. You agree to use your best efforts to prevent and protect the Site from unauthorized use.
4. Disclaimer of Warranty.
You understand and agree that the Site, and any products or information provided thereby is provided on an "as is" and "as available" basis. You expressly agree that use of the MulberryLove.com site and any products or information provided thereby is at your sole risk. Mulberrylove.com and Mulberry Love LLC do not warrant that product descriptions or other content of MulberryLove.com is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition.
To the fullest extent permissible under applicable law, MulberryLove.com and Mulberry Love LLC disclaim all warranties of any kind, express or implied, including but not limited to, warranties of title, or implied warranties of merchantability or fitness for a particular purpose. Without limiting the foregoing, neither MulberryLove.com nor Mulberry Love LLC, nor any of its officers, directors, licensors, employees or representatives represent or warrant (i) that the MulberryLove.com site and any information provided thereby, will meet your requirements or be accurate, complete, reliable, or error free; (ii) will always be available or will be uninterrupted, accessible, timely, or secure; (iii) that any defects or information will be corrected, or will be free from viruses, "worms," "trojan horses" or other harmful properties; (iv) the accuracy, reliability, timeliness, or completeness of any material published or accessible on or through the MulberryLove.com site, and any information provided thereby; or (v) any implied warranty arising from course of dealing or usage of trade. Mulberrylove.com and Mulberry Love LLC hereby disclaim, and you hereby waive and release MulberryLove.com and Mulberry Love LLC from any and all obligations, liabilities, rights, claims or remedies in tort arising out of or in connection with your use of the Site and any information provided thereby, whether or not arising from the negligence (active, passive or imputed) of MulberryLove.com or Mulberry Love LLC.
You acknowledge and agree that the MulberryLove.com site and any information provided thereby, is accessed at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your use of the MulberryLove.com site and any information provided thereby.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary from jurisdiction to jurisdiction.
5. Limitation of Liability.
In no event shall MulberryLove.com or Mulberry Love LLC, or any of its members, managers, officers, employees, agents, representatives, service providers or licensors be liable for any direct, indirect, incidental, special, consequential, punitive or other damages (regardless of the form of action) arising out of (i) use of the MulberryLove.com site and any products and information provided thereby by any person, including but not limited to, any damage caused by any reliance on, or any delays, inaccuracies, errors or omissions in, any information and content accessed, (ii) any use or inability to use the Site and any information provided thereby for whatever reason, including but not limited to communications failure or any other failure with transmission or delivery of any information accessed, or (iii) any goods or services discussed, purchased or obtained, directly or indirectly, in each case even if advised of the possibility of such damages. Some jurisdictions do not allow these limitations or exclusions so they may not apply to you.
You agree to hold harmless, defend, and indemnify MulberryLove.com, Mulberry Love LLC and its officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorneys' fees, that are due to, or that arise from your use or misuse of the Site or any of its components, this Agreement or any other agreement between us, or for infringement by you of intellectual property rights or other right of any third party. We may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with us in such event.
7. Independent Investigation.
You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of your use of MulberryLove.com and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
All written notices to MulberryLove.com shall be delivered by e-mail to [e-mail address]. MulberryLove.com may change its addresses (e-mail or mailing) by displaying such changes on the Site.
9. Digital Millennium Copyright Act.
If you aware of or believe there is any infringing content or other material on the Site, please notify us. MulberryLove.com responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. To file a notice of infringement with MulberryLove.com (an "Infringement Notice"), you must provide a written communication by fax or regular mail - and not by email, except by prior agreement - that sets forth the items specified below which information will enable us to process an Infringement Notice:
(a) Identify in sufficient detail the location of the copyrighted work that you believe has been infringed;
(b) Identify the material that you claim is infringing the copyrighted work listed in subsection (a) above;
(c) Provide information reasonably sufficient to permit MulberryLove.com contact you;
(d) Provide information sufficient to permit MulberryLove.com to ascertain the uniform resource locator that allegedly contains infringing material;
(e) If you are not the copyright owner, include the following statement: "I have a good faith belief that use of the copyrighted materials described in this Infringement Notice on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."; and
(f) If you are the copyright owner, or you are authorized to act on behalf of the copyright owner include the following statement: "I swear, under penalty of perjury, that the information in this Infringement Notice is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Sign the Infringement Notice and send the written communication to MulberryLove.com at [postal address].
This Agreement constitutes the complete and exclusive agreement between you and MulberryLove.com and supersedes any other oral or written communications between the parties regarding the subject matter herein. Any rights not expressly granted herein are reserved.
If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
(c) Binding Arbitration and Class Action Waiver.
This Agreement is governed by the laws of the State of California, USA without regard to conflicts of law provisions, as those laws apply to contracts created and performed in the State of California, USA.
This Binding Arbitration and Class Action Waiver (this “Waiver”) applies to any dispute arising between you and Mulberry Love LLC regarding this Agreement. Dispute, for purposes of this Waiver, means any dispute, action, or other controversy whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute will be given the broadest possible meaning allowable under law
In the event of a Dispute, you must provide Mulberry Love LLC with a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute to Mulberry Love LLC at [postal address].
If any Dispute is not resolved by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration governed by the United States Federal Arbitration Act (“FAA”). You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. You agree you will not seek to have any Dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You agree to commence arbitration only in Los Angeles County, California.
To the extent permitted by law, any Dispute must be filed within one year. The one-year period begins when the Dispute first could be filed. If such a Dispute is not filed within one year, it is permanently barred.
If this Waiver is found to be illegal, invalid or unenforceable as to all or some parts of a Dispute, then this Waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Waiver is found to be illegal, invalid or unenforceable, that provision will be severed with the remainder of this Waiver remaining in full force and effect.