Materials - The "Materials" include the contents of the Web Site such as, but not limited to, text, hypertext markup language (“HTML”) script, software, logic, ideas, programs, source code, executable code, graphics, images, audio (e.g., .wav), video clips, photographs, digital picture files (e.g., .jpeg, .jpg, .gif), illustrations, multimedia materials, and other materials, whether accessible free of charge or for a fee.
Software - Software that is now, or may become, available for downloading from the Web Site, but does not include software that is accessible or downloadable by way of third-party linked websites.
Other Definitions - Definitions of other terms are as provided for herein.
ACCESS TO WEBSITE
Mity Inc retains the right and sole discretion to regulate, to the extent it deems desirable, access to all portions of the Web Site including, but not limited to, the Materials, the Web Site, the Software, and to suspend the operation of the Web Site or any portion thereof, at any time and without notice to you.
USE OF WEBSITE
You agree not to use any trademarks, service marks, names, logos, or other identifiers of the Web Site, Mity Inc, or Mity Inc’s employees, licensors, independent contractors, providers and affiliates, or business partners, including, but not limited to, Mity Inc or other marks of Mity Inc without the prior written permission of Mity Inc and/or any relevant affiliate(s). In addition, you shall not use Mity Inc or any affiliate’s trademarks or service marks: (1) in, as, or as part of, your own trademarks or service marks or those trademarks or service marks of any third parties; (2) to identify products or services not originating with or provided by Mity Inc and the Web Site; (3) in a manner likely to cause confusion; or (4) in a manner that implies in any way that Mity Inc or Mity Inc affiliates sponsor, endorse, or are otherwise associated with, your own activities, products and services or the activities, products, and services of third parties.
When you visit the Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Except as otherwise noted herein or elsewhere on the Web Site, all your communications will be considered by Mity Inc to be non-confidential, wherein such communications may be transmitted in a variety of ways including, but not limited to, electronic mail and by way of any communication you provide on the Web Site. You understand and acknowledge that you have no expectation of privacy in any such communications and that no confidential, fiduciary, contractually implied or other relationship is created or implied between Mity Inc and you by reason of your communications.
LINKS TO THIRD PARTY MATERIALS
The Web Site may contain links to third party websites, web pages, and other materials. These links are provided solely as a convenience to you and in no way constitute an endorsement by Mity Inc as to any aspect of the contents on, or available through, such third party websites. The inclusion of such links does not imply that Mity Inc or its affiliates sponsor or are affiliated with or are legally authorized to use any trademark, service mark, trade name, logo or copyright symbol displayed in or accessible through such links, or that such linked websites are authorized to use any trademark, service mark, trade name, logo or copyright symbol owned by Mity Inc or by any of Mity Inc’s affiliates.
Mity Inc has no control over, and is not responsible in any way for, the content of linked third-party websites and accordingly makes no representations, warranties or guarantees regarding any aspect, including content or accuracy, or materials on, or available through, such third party websites. If you decide to access linked third-party websites, you do so at your own risk. Any concerns that you may have regarding such links should be directed to the administrator or webmaster of the web page(s) and/or web sites associated therewith.
All content included on this Web Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mity Inc and may be protected by the United States and international copyright laws. The compilation of all content on this Web Site is the exclusive property of Mity Inc, LLC and protected by the U.S. and international copyright laws. All software used on this Web Site is the property of Mity Inc, LLC or its software suppliers and protected by the United States and international copyright laws.
Mity Inc and other MityInc.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Mity Inc and/or its subsidiaries or its affiliates. Mity Inc trademarks and trade dress may not be used in connection with any product or service that is not from Mity Inc or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mity Inc or MityInc.com. All other trademarks not owned by Mity Inc and/or its subsidiaries or affiliates that appear on this Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mity Inc and/or its subsidiaries or affiliates.
Mity Inc takes great pride in its innovation, quality, design, and manufacture of its products and properties. Consequently, Mity Inc products are protected by a variety of patent, trademark, and other intellectual property rights. These intellectual property rights recognize the innovative and distinctiveness of Mity Inc’s products and provide Mity Inc with protection from infringement of these rights. Mity Inc and its affiliates diligently enforce its intellectual property rights, and continually works to locate and prosecute those who infringe on these rights.
LICENSE AND SITE ACCESS
Mity Inc and its affiliates and subsidiaries respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email [email protected]
All items purchased from MityInc.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
If you use this Web Site, 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. MityInc.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may not use the Web Site. If you are under 18 you should have a parent or guardian use the Web Site on your behalf; additionally, children under the age of 13 shall not register or provide any personal information to Mity Inc or register personal information on the Web Site.MityInc.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Mity Inc reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
Mity Inc cannot, and does not, warrant or guarantee in any way, the truthfulness, accuracy, or reliability of any communications posted by another nor does Mity Inc endorse any opinions expressed by any other. You acknowledge that any reliance on material contained in communications posted by others will be solely at your own risk.
You are solely responsible for any and all direct and/or indirect consequences and damages, whether foreseeable or otherwise, arising in connection with the transmission of your communications and/or the use of communications posted or transmitted by others.
Mity Inc attempts to be as accurate as possible. However, MityInc.com does not warrant those product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by MityInc.com itself is not as described, your sole remedy is to return it in unused condition. All returns shall be made pursuant to our Return Policy.
Except where noted otherwise, the price displayed for products on our Web Site represents the price listed for the product. Generally, product sales will be subject to applicable sales tax and shipping charges. As such, we cannot confirm the final (after tax and shipping) price of an item until you order and has been confirmed with the inclusion of applicable sales tax and shipping charges. We do not charge your credit card for a purchase until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog or on the Web Site may be mispriced. If we discover a mispricing, we will do one of the following:
If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you with instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEB SITE IS PROVIDED BY Mity Inc ON AN “AS IS” AND “AS AVAILABLE” BASIS. Mity Inc MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEB SITE OR THE ACCURACY THEREOF. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Mity Inc DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY. Mity Inc DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM Mity Inc WILL OPERATE UNINTERRUPTED OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Mity Inc WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR BUSINESS INTERRUPTION RESULTING FROM THE USE (OR INABILITY TO USE) OF THIS WEBSITE, FOR LOST DATA, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH ANY THIRD PARTY LINKED WEBSITES, OR ANY MATERIALS POSTED ON OR TRANSMITTED THROUGH THE WEBSITE BY THIRD PARTIES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IN THE EVENT Mity Inc IS FOUND LIABLE TO YOU, Mity Inc’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE MATERIALS, THE WEBSITE, AND SOFTWARE, IS LIMITED TO ANY FEE PAID BY YOU (IF ANY).
COMPLIANCE WITH FOREIGN LAWS AND REGULATIONS
This Web Site is based in the United States of America. However, access to, and/or use of, the Materials and Software may be prohibited in certain countries. Accordingly, Mity Inc makes no claim or representation that the Materials or Software may be legally downloaded or used outside of the United States. If you access the Web Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of any and all jurisdiction(s) wherein such downloading and/or use occurred.
DAMAGES AND DISCLAIMERS
You understand and acknowledge that the Web Site, Software, and Materials may include errors and omissions, and that Mity Inc makes NO representation, warrantee, or guarantee of any kind as to the accuracy, reliability, completeness, or timeliness of the Materials, the Software, or the Web Site, functions made accessible by or accessed through the Web Site, products or services made available on or through any third party linked websites, or any materials posted on or transmitted through the Web Site by third parties.
Mity Inc does NOT warrant that the operation of the Web Site, Software or Materials will be uninterrupted or error-free. Nor does Mity Inc warrant that any defects in the Web Site, Software or Materials will be corrected, or that the Web Site, Software or Materials are free from computer viruses, infections, worms, time bombs, trojan horses, or other destructive or disruptive code, routines or programs.
In no event, shall Mity Inc be liable for any direct, indirect, incidental or consequential damages, lost profits, or business interruption resulting from last date, or the use or inability to use the Web Site, Materials or Software functions made accessible by or accessed through the Web Site, products or services made available on or through any third party linked websites, or any materials posted on or transmitted through the Web Site by third parties.
You understand that you use the Web Site and Materials at your own risk and that you alone are responsible for the results obtained for through such use.
INCORPORATION BY REFERENCE; SEVERABILITY
Without limiting the availability of any other remedies available to Mity Inc, Mity Inc may suspend or terminate your access to the Materials, Web Site, and Software, if you are found, by conviction, settlement, insurance or escrow investigation, or otherwise, to have engaged in fraudulent activity in connection with the Web Site, Materials, or Software, or software, systems, programming, practices, and procedures relating thereto.
If you fail for any reason to pay, when due, any amount due and owing by you to Mity Inc, then Mity Inc, in its sole discretion, may immediately and without notice to you, suspend or terminate your access to the Materials, Web Site, and Software. Such action(s) by Mity Inc may remain in effect, at Mity Inc’s discretion, until you pay all amounts owed to Mity Inc. The foregoing is not intended to limit or foreclose, in any way, any other right or remedy Mity Inc may have at law or in equity.
COST AND FEES UPON DEFAULT
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