OVERVIEW
This website is operated by MemoryBrickart. Throughout the site, the terms“we", "us" and "our" refer to MemoryBrickart. MemoryBrickart offers this website,including all information, tools and services available from this site to you,the user, conditioned upon your acceptance of all terms, conditions,policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage inour "Service" and agree to be bound by the following terms and conditions("Terms of Service", "Terms"), including those additional terms andconditions and policies referenced herein and/or available by hyperlinkThese Terms of Service apply to all users of the site, including withoutimitation users who are browsers, vendors, customers, merchants, and!or contributors of content.
Please read these Terms of Service carefully before accessing or using ourwebsite. By accessing or using any part of the site, you agree to be boundby these Terms of Service. lf you do not agree to all the terms andconditions of this agreement, then you may not access the website or useany services. lf these Terms of Service are considered an offer, acceptanceis expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall alsobe subject to the Terms of Service. You can review the most currentversion of the Terms of Service at any time on this page. We reserve theright to update, change or replace any part of these Terms of Service byposting updates and/or changes to our website. lt is your responsibility tocheck this page periodically for changes, Your continued use of or accessto the website following the posting of any changes constitutesacceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1-ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at leastthe age of majority in your state or province of residence, or that you arethe age of majority in your state or province of residence and you havegiven us your consent to allow any of your minor dependents to use thissite.
You may not use our products for any illegal or unauthorized purpose normay you, in the use of the Service, violate any laws in your jurisdiction(including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructivenature.
A breach or violation of any of the Terms will result in an immediatetermination of your Services.
SECTION 2-GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at anytime.
You understand that your content (not including credit card information).may be transferred unencrypted and involve (a) transmissions overvarious networks; and (b) changes to conform and adapt to technicarequirements of connecting networks or devices. Credit card informationis always encrypted during transfer over networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit anyportion of the Service, use of the Service, or access to the Service or anycontact on the website through which the service is provided, withoutexpress written permission by us.
The headings used in this agreement are included for convenience onlyand will not limit or otherwise affect these Terms.
SECTION 3-ACCURACY,COMPLETENESS AND TIMELINESS OFINFORMATION
We are not responsible if information made available on this site is notaccurate, complete or current, The material on this site is provided forgeneral information only and should not be relied upon or used as thesole basis for making decisions without consulting primary, moreaccurate, more complete or more timely sources of information. Anyreliance on the material on this site is at your own risk.This site may contain certain historical information. Historical information,necessarily, is not current and is provided for your reference only. Wereserve the right to modify the contents of this site at any time, but wehave no obligation to update any information on our site. You agree that itis your responsibility to monitor changes to our site.
SECTION 4-MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (orany part or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification,price change, suspension or discontinuance of the Service.
SECTION5-PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online throughthe website. These products or services may have limited quantities andare subject to return or exchange only according to our Return Policy.We have made every effort to display as accurately as possible the colorsand images of our products that appear at the store. We cannotguarantee that your computer monitor's display of any color will beaccurate.
We reserve the right, but are not obligated, to limit the sales of ourproducts or Services to any person, geographic region or jurisdiction. Wemay exercise this right on a case-by-case basis. We reserve the right tolimit the quantities of any products or services that we offer. Alldescriptions of products or product pricing are subject to change atanytime without notice, at the sole discretion of us. We reserve the rightto discontinue any product at any time. Any offer for any product orservice made on this site is void where prohibited.We do not warrant that the quality of any products, services, information,or other material purchased or obtained by you will meet yourexpectations, or that any errors in the Service will be corrected
SECTION 6-ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in oursole discretion, limit or cancel quantities purchased per person, perhousehold or per order. These restrictions may include orders placed byor under the same customer account, the same credit card, and/or ordersthat use the same billing and/or shipping address. In the event that wemake a change to or cancel an order, we may attempt to notify you bycontacting the e-mail and/or billing address/phone number provided atthe time the order was made. We reserve the right to limit or prohibitorders that, in our sole judgment, appear to be placed by dealers.resellers or distributors.
You agree to provide current, complete and accurate purchase andaccount information for all purchases made at our store. You agree topromptly update your account and other information, including youremail address and credit card numbers and expiration dates, so that wecan complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION7-OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neithermonitor 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 ofany kind and without any endorsement. We shall have no liabilitywhatsoever arising from or relating to your use of optional third-partytools.
Any use by you of optional tools offered through the site is entirely at yourown risk and discretion and you should ensure that you are familiar withand approve of the terms on which tools are provided by the relevantthird-party provider(s).
We may also, in the future, offer new services and/or features through thewebsite (including, the release of new tools and resources). Such newfeatures and/or services shall also be subject to these Terms of Service.
SECTION 8-THIRD-PARTY LINKS
Certain content, products and services available via our Service mayinclude materials from third-parties.
Third-party links on this site may direct you to third-party websites thatare not affiliated with us. We are not responsible for examining orevaluating the content or accuracy and we do not warrant and will nothave any liability or responsibility for any third-party materials orwebsites, or for any other materials, products, or services of third-partiesWe are not liable for any harm or damages related to the purchase or useof goods, services, resources, content, or any other transactions made inconnection with any third-party websites. Please review carefully the thirdparty's policies and practices and make sure you understand them beforeyou engage in any transaction, Complaints, claims, concerns, or questionsregarding third-party products should be directed to the third-party.
SECTION 9.USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for examplecontest entries) or without a request from us you send creative ideassuggestions, proposals, plans, or other materials, whether online, byemail, by postal mail, or otherwise (collectively, 'comments’), you agreethat we may, at any time, without restriction, edit, copy, publish,distribute, translate and otherwise use in any medium any comments thatyou forward to us. We are and shall be under no obligation (1) to maintainany comments in confidence; (2) to pay compensation for any comments;or(3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content thatwe determine in our sole discretion are unlawful, offensive, threateninglibelous, defamatory, pornographic, obscene or otherwise objectionableor violates any party's intellectual property or these Terms of Service.You agree that your comments will not violate any right of any third-party,including copyright, trademark, privacy, personality or other personal orproprietary right. You further agree that your comments will not containlibelous or otherwise unlawful, abusive or obscene material, or containany computer virus or other malware that could in any way affect theoperation of the Service or any related website. You may not use a falsee-mail address, pretend to be someone other than yourself, or otherwisemislead us or third-parties as to the origin of any comments. You aresolely responsible for any comments you make and their accuracy. Wetake no responsibility and assume no liability for any comments posted byyou or any third-party.
SECTION 10-PERSONAL INFORMATION
Your submission of personal information through the store is governed byour Privacy Policy. To view our Privacy Policy.
SECTION 11-ERRORS,INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service thatcontains typographical errors, inaccuracies or omissions that may relateto product descriptions, pricing, promotions, offers, product shippingcharges, transit times and availability. We reserve the right to correct anyerrors, inaccuracies or omissions, and to change or update information orcancel orders if any information in the Service or on any related website isinaccurate at any time without prior notice (including after you havesubmitted your order).
We undertake no obligation to update, amend or clarify information in theService or on any related website, including without limitation, pricinginformation, except as required by law, No specified update or refreshdate applied in the Service or on any related website, should be taken toindicate that all information in the Service or on any related website hasbeen modified or updated.
SECTION 12-PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, youare prohibited from using the site or its content: (a) for any unlawfulpurpose; (b) to solicit others to perform or participate in any unlawful acts;(c) to violate any international, federal, provincial or state regulations,rules, laws, or local ordinances; (d) to infringe upon or violate ourintellectual property rights or the intellectual property rights of others; (e)to harass, abuse, insult, harm, defame, slander, disparage, intimidate, ordiscriminate based on gender, sexual orientation, religion, ethnicity, race.age, national origin, or disability; (f) to submit false or misleadinginformation; (g) to upload or transmit viruses or any other type ofmalicious code that will or may be used in any way that will affect thefunctionality or operation of the Service or of any related website, otherwebsites, or the Internet;, (h) to collect or track the personal information ofothers; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) forany obscene or immoral purpose; or (k) to interfere with or circumvent thesecurity features of the Service or any related website, other websites, orthe Internet. We reserve the right to terminate your use of the Service orany related website for violating any of the prohibited uses.
SECTION 13 -DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our servicewill be uninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use ofthe service will be accurate or reliable.You agree that from time to time we may remove the service for indefiniteperiods of time or cancel the service at any time, without notice to you.You expressly agree that your use of, or inability to use, the service is atyour sole risk, The service and all products and services delivered to youthrough the service are (except as expressly stated by us) provided 'as isand 'as available' for your use, without any representation, warranties olconditions of any kind, either express or implied, including all impliedwarranties or conditions of merchantability, merchantable quality, fitnessfor a particular purpose, durability, title, and non-infringement.In no case shall Memobrick, our directors, officers, employees, affiliatesagents, contractors, interns, suppliers, service providers or licensors beliable for any injury, loss, claim, or any direct, indirect, incidental, punitivespecial, or consequential damages of any kind, including, withoutlimitation lost profits, lost revenue, lost savings, loss of data, replacementcosts, or any similar damages, whether based in contract, tort (includingnegligence), strict liability or otherwise, arising from your use of any of theservice or any products procured using the service, or for any other claimrelated in any way to your use of the service or any product, including, butnot limited to, any errors or omissions in any content, or any loss ordamage of any kind incurred as a result of the use of the service or anycontent (or product) posted, transmitted, or otherwise made available viathe service, even if advised of their possibility. Because some states orjurisdictions do not allow the exclusion or the limitation of liability forconsequential or incidental damages, in such states or jurisdictions, ourliability shall be limited to the maximum extent permitted by law.
SECTION 14-INDEMNIFICATION
You agree to indemnify, defend and hold harmless Memobrick and ourparent, subsidiaries, affiliates, partners, officers, directors, agents,contractors, licensors, service providers, subcontractors, suppliers, internsand employees, harmless from any claim or demand, includingreasonable attorneys' fees, made by any third-party due to or arising outof your breach of these Terms of Service or the documents theyincorporate by reference, or your violation of any law or the rights of athird-party.
SECTION 15 -SEVERABILITY
In the event that any provision of these Terms of Service is determined tobe unlawful, void or unenforceable, such provision shall nonetheless beenforceable to the fullest extent permitted by applicable law, and theunenforceable portion shall be deemed to be severed from these Termsof Service, such determination shall not affect the validity andenforceability of any other remaining provisions.
SECTION 16-TERMINATION
The obligations and liabilities of the parties incurred prior to thetermination date shall survive the termination of this agreement for allpurposes.
These Terms of Service are effective unless and until terminated by eitheryou or us. You may terminate these Terms of Service at any time bynotifying us that you no longer wish to use our Services, or when youcease using our site.
If in our sole judgment you fail, or we suspect that you have failed, tocomply with any term or provision of these Terms of Service, we also mayterminate this agreement at any time without notice and you will remainliable for all amounts due up to and including the date of termination;and/or accordingly may deny you access to our Services (or any partthereof).
SECTION 17.ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of theseTerms of Service shall not constitute a waiver of such right or provisionThese Terms of Service and any policies or operating rules posted by uson this site or in respect to The Service constitutes the entire agreementand understanding between you and us and govern your use of theService, superseding any prior or contemporaneous agreements,communications and proposals, whether oral or written, between you andus (including, but not limited to, any prior versions of the Terms ofService).
Any ambiguities in the interpretation of these Terms of Service shall notbe construed against the drafting party.
SECTION 18 -GOVERNING LAW
These Terms of Service and any separate agreements whereby we provideyou Services shall be governed by and construed in accordance with thelaws of United States.
SECTION 19-CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at anytime at this page.We reserve the right, at our sole discretion, to update, change or replaceany part of these Terms of Service by posting updates and changes to ourwebsite. lt is your responsibility to check our website periodically forchanges. Your continued use of or access to our website or the Servicefollowing the posting of any changes to these Terms of Service constitutesacceptance of those changes.
SECTION 20-CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at memorybrickart@gmail.com