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Mecawarrior Terms & Conditions
IMPORTANT PLEASE READ THE TERMS OF SERVICE BEFORE USING THIS WEBSITE.
Welcome to MECA WARRIOR, LLC (“MECA WARRIOR,” “us”, “our” or “we”) – your go to resource for information on the latest health, fitness, nutrition, beauty and wellness trends. We produce content, videos, training and wellness materials, classes, services, and/or other materials (collectively along with our titles, features, content, software, updates, audio content, video files, downloadable content, add-ons, and/or modified versions, “Content”), made available on our websites, which include without limitation, mecawarrior.com and mecawarrior.net (collectively the “Site”), and various mobile applications (“Apps”). We also produce (directly or through third parties various supplements and products (the “Products”). These terms and conditions (collectively, the “Terms” or “Agreement”) define your rights and obligations related to our Site, Apps, Content, your purchase, use, or downloading of any of our Content, services or offerings, participation in our events or promotions, Products, and more generally use any of our other services (collectively with the Content, Site, Apps, and Products, the “Services”).
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS-ACTION WAIVER PROVISION BELOW. IF YOU ACCEPT THIS AGREEMENT, YOU AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY, AS PART OF A JOINT OR CONSOLIDATED PROCEEDING, OR AS PART OF A CLASS ACTION, AND YOU ALSO WAIVE THE RIGHT TO HAVE A JURY TRIAL. THESE TERMS WILL AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW THEM CAREFULLY. YOU MAY HAVE A TIME-LIMITED RIGHT TO OPT OUT.
This is a binding agreement. By using our Services, you agree to be bound by the terms of this Agreement as they may be amended from time to time by MECA WARRIOR in its sole discretion. By entering into this Agreement, you are confirming that you are an adult of legal age, you understand and accept this Agreement, and you are legally and financially responsible for all actions using or accessing the Services. If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement. If you (or your parent or legal guardian) do not or cannot agree to the terms of this Agreement, you may not use our Services.
This Agreement is a legal agreement between you and us and it describes the terms and conditions for using the Services. In addition, by agreeing to this Agreement, you are also expressly agreeing and acknowledging that various third-parties may be exercising some of our rights on our behalf under the Agreement.
By accepting and agreeing to this Agreement, you are also agreeing to our Privacy Policy, which is expressly incorporated in full into this Agreement. Our Privacy Policy describes the types of data we collect from you and your devices, how we use your data, and the legal bases we have to process your data. A complete statement of MECA WARRIOR’S current privacy policy can be found by clicking the “Privacy” link on the Site.
By accepting and agreeing to this Agreement, you are also agreeing to all terms of service and use, legal requirements, privacy policies, and any other agreements, terms and conditions of the third-party platforms used to access, download, store, and/or use the Services. Please review those third parties’ terms, policies, and agreements carefully. We are not responsible for the terms, policies, disclosures or actions of any third-party platforms.
We may modify this Agreement at any time, and if we do, we will notify you by email or by posting the modified Terms on the Site. Please review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services. By using any of our Services, you represent that you are at least 18 years old, and that all information you submit is correct. Further, it is your responsibility to review this Agreement periodically, and if at any time you find this Agreement unacceptable, you must immediately leave the Site and cease all use of the Services.
If you breach these Terms, we may take action against you, including but not limited to terminating your Account and/or disabling your access to the Services, with or without notice. You acknowledge that we have no obligation to, and will not, reimburse or refund you for Services or other purchases and/or downloads lost due to involuntary suspension or termination of your Account.
Subject to these Terms and your compliance therewith, MECA WARRIOR grants to you a personal, noncommercial, nonexclusive, nontransferable, non-sublicensable, revocable, limited right and license to download, play, listen to, display, and use the Content solely for your permitted use within the Services (collectively, the “License”). “Content” means the audio and/or video recordings, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, or other materials that are generated, provided, or otherwise made available through the Services.
The rights granted to you under the License are subject to these Terms and your full compliance with the Terms, and you may only make use of the License if you comply with all applicable Terms. The Content is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Content is being transferred or assigned to you and the Terms should not be construed as a sale of any rights in the Content. MECA WARRIOR retains all right, title, and interest to the Content, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, service marks, logos, proprietary rights, patents, titles, computer codes, audio files, MP3 files, video files, audiovisual files, themes, characters, character names, stories, dialog, settings, artwork, logos, sounds effects, musical works, and moral rights. MECA WARRIOR has the right to remove some or all of the Content from the Site or Apps at any time for any reason.
The Content in the Site including, but not limited to, text, graphics, or codes is copyrighted (except as otherwise provided in the copyright application) as a collective work under the United States and other copyright laws, and is the property of MECA WARRIOR. All trademarks, service marks, trade names and logos of MECAWARRIOR, LLC are trademarks of MECA WARRIOR, LLC. All rights with respect to the aforementioned copyrights and trademarks, service marks and trade names are expressly reserved and nothing herein shall be deemed a waiver thereof.
The Content may not be copied, reproduced, altered, modified, or distributed in any manner or medium, in whole or in part, without prior written consent from MECA WARRIOR. All rights not expressly granted under this Agreement are reserved by MECA WARRIOR.
You agree that you are responsible for your own conduct while using our Services and/or accessing our Content, and for any consequences thereof. You may not do or attempt to do any of the following with respect to the Services, Content, or any parts thereof (Code of Conduct):
We reserve the right to discontinue providing our Services or any parts thereof, and to require that you cease accessing or using same at any time for any reason, including without limitation if you violate the Code of Conduct in any way.
You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.
You also understand and agree that certain of the Content, videos and accompanying materials necessarily require physical exercise or activity. By voluntarily participating in this fitness program you assume all risk of injury. Without limiting the generality of the foregoing, you understand and acknowledge that there are risks of physical injury, or even death, associated with any physical activity, including the MECA WARRIOR exercise program and that, in addition, certain medical conditions may be aggravated or made worse by physical activity or consuming the Products (collectively, “Risks”). You assume any and all risk and danger incidental to the use of the videos, Products, Services and any other materials offered by MECA WARRIOR, including but not limited to, the foregoing Risks and the way you perceive and utilize the information conveyed in the MECA WARRIOR classes and videos. You agree to consult with your physician before consuming the Products and commencing the exercise program shown in the MECA WARRIOR videos, classes, materials, and you agree not to participate in MECA WARRIOR programs or consume the Products with any medical condition, including, but not limited to, a history of heart disease, that poses a direct threat to the health or safety of yourself or others and that MECA WARRIOR shall not be liable for any injury resulting from or arising out of, participating in the MECA WARRIOR exercise program or from the Risks. You also understand that MECA WARRIOR encourages you to exercise and eat a healthy, well-balanced diet on your own to supplement the MECA WARRIOR exercise program, and that you, not MECA WARRIOR, assume all risks and responsibilities for your own actions, safety, health, performance, well-being, and any complications or injuries which may arise when exercising or eating on your own and/or from taking prescription or over-the counter medications along with any Products and/or Services.
To the maximum extent permitted by law, under no circumstances and under no legal theory, tort, contract, strict, liability, or otherwise, shall MECA WARRIOR, it licensors, distributors, and manufacturers, and each of their respective owners, members, officers, directors, employees, consultants, agents, representatives, subsidiaries, affiliates, contractors, subcontractors, vendors, suppliers, and joint ventures (the “MECA WARRIOR PARTIES”) be liable to you or any other person for any consequential, indirect, special, punitive, and/or incidental damages, lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, loss data, or damages (regardless of the foreseeability of those damages) arising out of, in connection with and/or resulting from the Content, Services or any parts thereof.
To the maximum extent permitted by law, you also agree to indemnify, defend and hold harmless THE MECA WARRIOR PARTIES against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of: (i) your actions, contents and communications related to our Services; (ii) your violation of these Terms; and (iii) any activity related to your account with MECA WARRIOR (including negligent or wrongful conduct) by your or any other person assessing the Site using your internet account. Similarly, if you have a dispute with any third party relating to your use of our Services, you release MECA WARRIOR PARTIES from all claims, demands, actions, suits, liabilities, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We and our Services may offer various opportunities to interact and share your opinions and thoughts with us and others, or via various forum, social media pages, or via other community initiatives. However, please note that the opinions or views expressed, or statements made via posts, user comments, feedback, “wiki” entries, online chat, or via other features (collectively referred to herein as “User Comments”), do not reflect the opinions or views of MECA WARRIOR and MECA WARRIOR is not in any manner responsible for the content of the User Comments.
We do not review, edit or modify User Comments. You acknowledge that by providing you with the ability to view User Comments on the Site, MECA WARRIOR is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Comments or user activities on the Site. However, we reserve the right to remove or modify any User Comments for any reason. By sharing User Comments and accepting the terms of this Agreement, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation. Further, MECA WARRIOR reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory or obscene, (b) fraudulent, deceptive or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another, or (d) offensive or otherwise unacceptable to MECA WARRIOR in its sole discretion.
We may also, from time to time, publicly share or redistribute User Comments on our Site, in our Content, or through other media or social media channels, press releases, or promotional and marketing materials. You hereby grant MECA WARRIOR its parent companies, subsidiaries, affiliates, owners, officers, directors, members, employees, consultants, agents and representatives (“MECA WARRIOR AFFILIATES”) a non-exclusive, perpetual and irrevocable right and license us to use your User Comments in connection with our Podcasts and Services.
Similarly, if you provide us with any Feedback (as defined below), you hereby grant MECA WARRIOR AFFILIATES a non-exclusive, fully paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit any and all Feedback for any purposes, for all current and future methods and forms of exploitation. “Feedback” means suggestions, comments, ideas, and all other types of information that you provide, publish, or otherwise communicate directly or indirectly to us (including your name) that relates to our Content and/or Services. By providing Feedback and User Comments, you warrant and represent that own the rights to the User Comments and Feedback or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute User Content.
To access or use some of the Services or access the Content, you may be required to first register with us. If you are under the age of eighteen (18), then you are not permitted to register as a user or submit personal information to us.
If you register for any feature that requires a password and/or username, then you agree that: (i) You will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access so that others may not access any password protected portion of the Service using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. We may reject the use of any password, username, or email address for any other reason in our sole discretion. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, then we may suspend or terminate your account without providing any notice thereof to you. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
To ensure that MECA WARRIOR provides a high quality experience for you and for other users of the Site and the Services, you agree that MECA WARRIOR and its representatives may access your account and records on a case-by-case basis to investigate complaints, or allegations of abuse, infringement of third party rights or other unauthorized uses of the Site or the Services. MECA WARRIOR does not intend to disclose the existence or occurrence of such an investigation unless required by law.
You may be able to purchase additional Content, gift cards, offerings, merchandise, and other items offered through the Services. Unless specifically allowed and authorized by our Refund Policy, all purchases, including without limitation of any gift cards, Content, or other offerings, are final and we are not able to offer any refunds. In addition, some of our Services and/or Content offerings may be made available by us solely in connection with your agreement to purchase a subscription to such offerings (“Subscription Services”) for a set period (e.g., monthly or yearly subscription term) (“Subscription Period”). We may offer a number of different packages or variations of Subscription Services, including in some instances a limited free trial period (“Free Trial”), which will be posted on our Site and/or Apps. Following the completion of the Subscription Period and/or Free Trial, your Subscription Services will automatically renew for the same Subscription Period at the then-current standard rates for access to the same Subscription Services, unless and until they are cancelled or changed by you by no later than 24 hours prior to the end of the current period.
By subscribing to a Subscription Service or purchasing any Content, you confirm that you are at least 18 years of age, that all information you submit is true and correct (including all credit card information), and that you are the authorized holder of the credit card. If you choose to cancel a Subscription Service, you can continue to use the features of your Subscription Service following cancellation until the end of your Subscription Period. You will not be charged for the Subscription Service again unless you reactivate. Payments for Subscription Services are non-refundable and there are no refunds for partial Subscription Periods.
We may change the price of a Subscription Service, introduce new subscription plans, or remove plans from time to time. By continuing to use the Subscription Service, you indicate your acceptance of such subscription price or plan change. If you do not agree with a subscription price or plan change, do not continue to use the Subscription Service. Subscription Services may not be redeemed for cash, sold or transferred to another user.
Once you enter and submit your payment information, you expressly agree and authorize us and/or our third party payment processor to immediately charge your credit card or debit card (or other approved facility) in an amount equal to the total purchase price. You also expressly authorize and agree that we and/or our third party payment processor is authorized to automatically charge your payment method for any one-time fees and/or Subscription Services. You acknowledge and agree that we do not need to obtain any additional authorization from you for any automatic and/or recurring payments.
Some Subscription Services may be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties.
You are not authorized to access any Subscription Services unless you have opened a subscription account and paid the appropriate fee. You may not assist anyone else in accessing Subscription Services on an unauthorized basis, including by sharing your access credentials or providing any Content or other materials that you obtained through Subscription Services to third parties. You are responsible for maintaining the confidentiality of your access credentials and for all usage or activity on your Subscription Services accounts, including the use of Subscription Services by any third party authorized by you to use your access credentials. Such responsibility expressly includes any purchases made or other charges incurred on your credit card in connection with your use (or an authorized third party’s use) of the Subscription Services. In the event of any fraudulent, abusive or otherwise illegal activity on your Subscription Services accounts, we may, in our sole discretion, terminate those accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages from any such fraudulent, abusive, or otherwise illegal activity.
In the event a Product or Service is mistakenly listed at an incorrect price, MECA WARRIOR reserves the right to refuse or cancel any orders placed for the Product or Service listed at the incorrect price. MECA WARRIOR reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MECA WARRIOR shall issue a credit to your credit card account in the amount previously paid by you.
DISCLAIMER: ALL INFORMATION, CONTENT, PRODUCTS, AND MATERIAL AVAILABLE AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MECA WARRIOR DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MECA WARRIOR DOES NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT WITH RESPECT TO ITS CONTENT, CLASSES, PROGRAMS, VIDEOS, PRODUCTS, SERVICES OR ANY OTHER MECA WARRIOR MATERIALS. FURTHER, MECA WARRIOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE CLASSES, PROGRAMS, VIDEOS, PRODUCTS, SERVICES, OR ANY OF THE OTHER MATERIALS ON OR AVAILABLE THROUGH, ITS SITE OR OTHERWISE RELATING TO SUCH CLASSES, PROGRAMS, VIDEOS, PRODUCTS, SERVICES, OR MATERIALS ON ANY SITES LINKED TO THIS SITE.
THE CONTENT IN THIS WEBSITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO PROVIDE MEDICAL ADVICE OR TAKE THE PLACE OF SUCH ADVICE OR TREATMENT FROM A PERSONAL PHYSICIAN. ALL READERS OF THIS CONTENT ARE ADVISED TO CONSULT THEIR DOCTORS OR QUALIFIED HEALTH PROFESSIONALS REGARDING SPECIFIC HEALTH QUESTIONS. NEITHER MECA WARRIOR, LLC, DR. WALLMAN NOR THE PUBLISHER OF THIS CONTENT TAKES RESPONSIBILITY OR IS LIABLE FOR POSSIBLE HEALTH CONSEQUENCES OF ANY PERSON OR PERSONS READING OR FOLLOWING THE INFORMATION IN THIS EDUCATIONAL CONTENT. IT IS RECOMMENDED THAT ALL VIEWERS OF THIS CONTENT, ESPECIALLY THOSE TAKING PRESCRIPTION OR OVER-THE-COUNTER MEDICATIONS OR WITH ANY KNOWN HEALTH RISKS, SHOULD CONSULT THEIR PHYSICIANS BEFORE BEGINNING OR MODIFYING ANY NUTRITION, SUPPLEMENT, EXERCISE OR LIFESTYLE PROGRAM, AND ALSO WHEN CHANGING PRESCRIPTION OR OVER THE-COUNTER-MEDICATIONS OR IF A NEW HEALTH RISK ARISES. MECA WARRIOR, LLC PROVIDES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CURATIVE EFFECT OF ITS PRODUCTS INCLUDING, WITHOUT LIMITATION, SUPPLEMENTS. ANY AND ALL STATEMENTS MADE BY MECA WARRIOR, LLC HAVE NOT BEEN EVAULATED BY THE FOOD AND DRUG ADMINISTRATION. ANY MECA WARRIOR LLC PRODUCTS INCLUDING, WITHOUT LIMITATION, SUPPLEMENTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT (1) THE SERVICES WILL OPERATE PROPERLY, (2) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, (3) THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, BUG FREE, OR ERROR FREE IN ANY OR ALL CIRCUMSTANCES, (4) THAT ANY DEFECTS IN THE SERVICES CAN OR WILL BE CORRECTED, OR (5) THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNIFORM COMMERCIAL CODE OR IN ANY OTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED. THIS PARAGRAPH AND THE IMMEDIATELY TWO PRECEDING PARAGRAPHS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NO WARRANTIES: MECA WARRIOR SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, PayPal payment services, any other payment service, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. MECA WARRIOR RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER MECA WARRIOR IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION.
MECA WARRIOR ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD MECA WARRIOR DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF MECA WARRIOR. MECA WARRIOR RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR MECA WARRIOR’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION.
LIMITATION OF LIABILITY: YOUR PURCHASE AND/OR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO ACCESS THE SERVICES OR CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE MECA WARRIOR PARTIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, INDEMNITY, OR OTHERWISE, AND REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES, ARISING IN ANY WAY OUT OF, IN CONNECTION WITH AND/OR RELATING TO THE PURCHASE OR USE OF THE CONTENT, PRODUCTS OR SERVICES OR ANY PARTS THEREOF. IN NO EVENT WILL YOU BE ENTITLED TO A REFUND OR CHARGEBACK FOR THE CONTENT OR SERVICES UNLESS AS OTHERWISE SET FORTH IN MECA WARRIOR’S REFUND POLICY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE MECA WARRIOR PARTIES BE LIABLE UNDER ANY CIRCUMSTANCES AND UNDER ANY LEGAL THEORY, INCLUDING TORT, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE, FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF, IN CONNECTION WITH AND/OR RELATING TO THIS AGREEMENT OR THE CONTENT OR SERVICES, AND/OR THE DELAY OR INABILITY TO USE, OR LACK OF FUNCTIONALITY OF, THE CONTENT OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE CONTENT OR SERVICES WILL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) FOR THE CONTENT, PRODUCTS OR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. TO THE MAXIMUM EXTENT PERMITED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.
You agree to indemnify, pay the defense costs of, and hold the MECA WARRIOR PARTIES harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, or (b) any act or omission by you in using the Services. You agree to reimburse THE MECA WARRIOR PARTIES on demand for any defense costs incurred by the MECA WARRIOR PARTIES and any payments made or loss suffered by the MECA WARRIOR PARTIES, whether in a court judgment or settlement, based on any matter covered by this Agreement including, without limitation, this Section 8 and Section 3 above.
We reserve the right to terminate your right to access and use the Services and/or Content if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us, without notice at any time. The provisions in this Agreement relating to copyrights, trademark, service mark, trade names, logos, intellectual property laws, any rights of MECA WARRIOR relating to the Services and Accounts, disclaimers, limitations of liabilities, limitation of warranties and damages, limitations of your use of Content and Services (including Code of Conduct and your compliance with applicable law as it relates to the Services), indemnification, governing law and jurisdiction, privacy policy, your granting to MECA WARRIOR a license of your User Comments and Feedback, assumption of risk, arbitration, waiver of right to joint or consolidated proceeding, class action waiver, 30 day-opt-out for arbitration, representations, warranties, DMCA (as defined below), Privacy Policy, international users, and the Miscellaneous section below shall survive termination of this Agreement and shall be fully enforceable. In addition to the specific provisions in the foregoing sentence, all obligations under this Agreement, which by their terms or reasonable implication are to be performed in whole or in part after termination, shall survive termination.
This Agreement, as well as any disputes, directly or indirectly arising out of and/or relating to the Site, the Products and the Services, shall be governed by, construed and/or enforced (as applicable) in accordance with the laws of the State of New York, United States of America, without reference to the principles of conflict of laws of any jurisdiction (including, without limitation, those of the State of New York), and not by the 1980 U.N. Convention on contracts for the international sale of goods. For any disputes, directly or indirectly, arising out of and/or relating to, the Site, the Products and/or the Services, deemed not subject to binding individual arbitration, as provided in the section below, you agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Suffolk County, New York, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts. To the maximum extent authorized by law, any cause of action or claim you may have with respect to the Site, the Products and/or Services must be commenced within one (1) year after the claim or cause of action arises.
In an attempt to provide increased value to our customers, our Services may provide links to other websites operated by third parties. However, even if the third party is affiliated with MECA WARRIOR, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of MECA WARRIOR. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, MECA WARRIOR seeks to protect the integrity of its Site and the links placed upon it and therefore requests any Feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms do not apply to your use of third-party websites. Your use of such websites is subject to the terms and policies of the owner of such websites. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
This policy is intended to implement the procedures set forth in 17 U.S.C. Section 512 and the DMCA for reporting of alleged copyright infringement. We respect the intellectual property rights of others. To the best of our knowledge, the Content that appears on our Services does not infringe the copyrights of others.
MECA WARRIOR’S designated agent to receive notification of alleged infringement under the DMCA is:
Via email: legal@mecawarrior.com. Please address your email to the attention of Legal.
If you believe that your work has been copied in a way that constitutes copyright infringement by any Content or material on our Services, please provide the following information in writing to us for further detail:
Failure to include all of the above information may result in delay of the processing or DCMA notification.
It is expected that all users of any part of the MECA WARRIOR Site and systems will comply with applicable copyright laws. However, if MECA WARRIOR receives proper notification of a claimed copyright infringement it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. MECA WARRIOR will comply with appropriate provisions of the DMCA in the event a counter notification is received.
If you believe that we improperly removed or disabled content or materials you posted, uploaded or submitted to the Services, please provide the following to us for further detail:
Under appropriate circumstances, MECA WARRIOR may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.
It is MECA WARRIOR’S policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances (i.e. technical measures that are used by copyright owners to identify or protect copyrighted works).
We may issue an amended Agreement, Privacy Policy, or other related agreements at any time in our sole discretion by posting the amended Agreement, Privacy Policy, or related agreement on our website or by providing you with digital access to amended versions of any of these documents. If any amendment to this Agreement, Privacy Policy, or related agreement is not acceptable to you, you may terminate this Agreement and must stop using our Services. Your continued use of the Services will demonstrate your acceptance of the amended Agreement, Privacy Policy, or related agreement.
You may not, without the prior written consent of MECA WARRIOR, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. We, however, may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
Our Services are controlled and operated by us from within the United States of America, and is intended for use only by residents of the United States. We make no representations or warranties that the Content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or subscriptions offered for sale through the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any Content downloaded from the Services or any copy or adaptation of such Content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Unless stated otherwise for a particular Service, children are not allowed to use the Services or access the Content. A child is a person under 18 years old. To the extent permitted under applicable law, MECA WARRIOR declines any responsibility regarding any activities conducted by a child with or without the permission of a parent. If you are a parent and you give your permission for your child to register for one of the services, you thereby agree to the terms relating to use of the services by your child.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.
Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. If you live in the United States or another jurisdiction which allows you to agree to arbitration, you and MECA WARRIOR AFFILIATES agree to arbitrate all Disputes (defined below) regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
In the event of any dispute, controversy, or difference, arising among or out of, or in relation to, or in connection with: (i) the interpretation or performance of this Agreement or any of the terms hereof, or a breach hereof including, without limitation, any threshold issues of arbitrability; (ii) the Services, including any part thereof ; (iii) any other agreement between you and the MECA WARRIOR AFFILIATES except as specifically set forth in writing therein; and (iv) the relationship between you and any of the MECA WARRIOR AFFILIATES, whether or not related to a contract between them (collectively, “Dispute”), the parties hereto shall promptly conduct informal discussions and negotiations in good faith with a view to resolve such Dispute effecting as nearly as possible the intent and purpose of this Agreement. Any resolution of such Dispute shall be set forth in a writing signed by the parties hereto.
If such Dispute cannot be satisfactorily resolved by the parties hereto through friendly consultation within a period of thirty (30) calendar days after notice by the aggrieved party to the non-aggrieved party of a Dispute, you or the MECA WARRIOR AFFILIATES (as applicable) may commence an arbitration in accordance with this Agreement.
The arbitration shall be initiated and conducted according to either JAMS Streamlines (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) arbitration rules and procedure in effect at the time the request for arbitration is made, except as modified herein, including the optional appeal procedure (the “Arbitration Rules”). The Tribunal will consist of one arbitrator having experience in intellectual property and commercial disputes. The place of arbitration will be the New York, New York office of JAMS or its successor (“JAMS”). The language to be used in the arbitral proceedings will be English. You and the MECA WARRIOR AFFILIATES (as applicable) agree that whether a dispute is subject to arbitration under this Agreement will be determined by the arbitrator rather than a court. Any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. Judgment upon the decision or award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
MECA WARRIOR AFFILIATES (as applicable) will pay its arbitration costs as required by the Arbitration Rules and, in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MECA WARRIOR will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Each side shall pay his, her, or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and/or litigation costs, in which case the arbitrator shall award fees or costs as required by the applicable law.
The Binding Individual Arbitration, Class Action Waiver, and 30 Day-Opt-Out sections of this Agreement survive any termination thereof. Further, although we may revise this Agreement, Privacy Policy, or other related agreements at our discretion, we do not have the right to alter this agreement to arbitrate or the rules specified herein with respect to any Dispute once that Dispute has accrued. If any part of the Binding Individual Arbitration, Class Action Waiver and/or 30 Day-Opt-Out sections are deemed invalid, unenforceable, or illegal, then the balance of this sections shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision had not been included.
THE ARBITRATION PROCEEDINGS DESCRIBED ABOVE IN SECTION 17 OF THIS AGREEMENT WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY PROVIDED THAT MULTIPLE MECA WARRIOR AFFILIATES MAY PARTICIPATE IN SUCH ARBITRATION TO THE EXTENT THEY ARE APPLICABLE TO THE PROCEEDING. Neither You nor MECA WARRIOR AFFILIATES (to the extent applicable to the Dispute) shall be entitled to join or consolidate disputes by or against other individuals or entities, or to arbitrate any dispute in a representative capacity, including, without limitation, as a representative member of a class or in a private attorney general capacity, in connection with any Dispute. Further, unless both you and the MECA WARRIOR AFFILIATES (to extent applicable to the Dispute) agree, the arbitrator may not consolidate more than one person’s claim provided there may be multiple MECA WARRIOR AFFILIATES participating in such arbitration to the extent they are related to the Dispute. The arbitrator may award any individual relief or individual remedies that are permitted by applicable law, but to the maximum extent permitted by applicable law, may not award relief against any of the MECA WARRIOR AFFILIATES (to the extent they are applicable to the Dispute) respecting any person other than you.
You have the right to opt out of and not to be bound by the Binding Individual Arbitration of section 17 and Class Action Waiver of section 18 of this Agreement. To exercise this right, you must send written notice of your decision to the following email address: legal@mecawarrior.com. Please address the email to the attention of Legal.
Your notice must include your name, mailing address, date you first purchased the Subscription Service and/or Content, and state that you do not wish to resolve disputes with us through arbitration. To be effective, this notice must be postmarked or deposited within 30 days of the date on which you first purchased the Subscription Service and/or Content unless a longer period is required by applicable law; otherwise you will be bound to arbitrate disputes in accordance with this Agreement.
You are responsible for ensuring that we receive your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these arbitration provisions, we will similarly not be bound by them with respect to Disputes with you.
Waiver: Failure of MECA WARRIOR to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or our right to enforce each such provision, and no waiver, if granted, shall be continuing. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by MECA WARRIOR. Neither the course of conduct between you and MECA WARRIOR nor trade practice shall act to modify any of these Terms.
Entire Agreement: This Agreement sets forth the entire agreement between you and us with respect to the subject matter hereof, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us to the extent that any such agreement relates to the subject matter hereof.
Authority: The parties hereto acknowledge and affirm that he, she or it has the full authority to bind the respective party to all terms contained herein.
Severability: If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then the parties hereto shall be relieved of all obligations arising under that provision, it being the intent that this Agreement will be deemed amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
Assignment: MECA WARRIOR shall have the right to assign this Agreement and all or any part of our rights hereunder to any person, firm or corporation, and this Agreement shall be binding upon and inure to the benefit of our successors, licensees and assigns. This Agreement the rights and obligations hereunder may not be assigned by you.
Contact Us: To contact MECA WARRIOR, you may utilize the following email address: legal@mecawarrior.com. Please address the email to the attention of Legal.
Notice: MECA WARRIOR may deliver notice to you by means of email, a general notice to the Site or by other reliable method to the address you have provided to MECA WARRIOR.
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