TERMS AND CONDITIONS OF USE AND SALE
TABLE OF CONTENTS
TERMS AND CONDITIONS OF USE AND SALE
Welcome, we are Meego a Colorado corporation legally registered in Colorado, trading as Meego Inc on the website www.slinkerbikes.com (hereinafter referred to as the “Site”). The accompanying Terms oversee your use and access of the Platform and the use of the Services. These Terms and Condition of Use and Sale (hereinafter referred to as “Terms”) apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites and mobile applications that reference these Terms.
This Terms is entered into between You (hereinafter referred to as “Your”, “Users” , “Clients,”) and Meego, its past, present, or future parents, subsidiaries, affiliates, predecessors, assignees, successors, and their respective agents, employees, directors, officers, partners, and members (whether acting in their corporate or individual capacity) (hereinafter referred to as “Meego”, “Lemeego”, “Company” , “We,” or “Us”), with a principal place of business at 145 E. Durate Rd. Suite AA 408, Arcadia, CA 91006, United States. Notwithstanding any language used in this Terms to the contrary, the Website Terms have the same effect as an agreement in writing and govern your use of this site and its content, your engagement of Meego’s services, your request that Meego contact you about its services, and/or your participation in Meego’s sales / reward program and services.
These Terms apply to your purchase of the Products and use of the Meego e-bikes and Meego accessories. By your continual usage and in agreement to order and use a Product, you agree to be legally bound by these Terms. Meego provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”).
Please read these Terms carefully as they list all of your obligations and rights and include a requirement that all disputes that you may have under these Terms be taken to arbitration, instead of a jury trial or class action.
This website is owned and operated by Meego Inc. We reserve the right, to change, modify, add, or remove portions of both the Terms at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms regularly for updates. Your continued use of the Site following the posting of changes to these Terms constitutes your acceptance of those changes.
Kindly review the Terms listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms without modification. You agree that if you are unsure of the meaning of any part of these Terms or have any questions regarding the Terms, you will not hesitate to contact us for clarification. These Terms fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.
The Meego Service is only an e-commerce business and is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that users buy on the platform. The Service acts as an online marketplace for users to view, order and purchase Meego Electronic Bicycles (e-bikes) items and accessories.
We are not affiliated with or endorsed by any manufacturer, retailer or brand that users buy on Meego’s marketplace. There are risks that you assume when dealing on the internet. You agree that all of these risks are borne by you, and not Meego. We do not control the behavior of other users of the Service or the information or other content provided by other users that is made available through the Service. We cannot assure that all transactions will be completed flawlessly.
All Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms, also words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
Age Restrictions: You confirm that you are at least 16 years of age or are accessing the Site under the supervision of a parent or legal guardian. Both parties agree that this website may only be used in accordance with these Terms. If you do not agree with the Terms or do not wish to be bound by them, you agree to refrain from using this website.
License Grant: We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms, for such things as: shopping for personal items sold on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.
Prohbition: These Terms specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited. See Conditions of Use below.
License Revocation: Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
You agree, undertake and confirm that your use of meego.us shall be strictly governed by the following binding principles. You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which You does not have any right to.
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” or misleading in any way.
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
- promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
- tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without Meego’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Sites. Throughout this Terms, Meego “prior written consent” means a communication coming from Meego Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
- solicits gambling or engages in any gambling activity which Meego, in its sole discretion, believes is or could be construed as being illegal;
- interferes with another user’s use and enjoyment of Meego Website or any other individual’s user and enjoyment of similar services;
- refers to any website or URL that, in the sole discretion of Meego, contains material that is inappropriate for the Meego Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms.
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of Hong Kong, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Meego or others.
Meego shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.
Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.
The following terms apply to our and your purchase of the products offered on the platform (hereinafter refered to as “Products” or“E-bikes”).
Both parties agree that browsing the website and gathering information regarding the services provided by Meego does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.
Both parties agree that the acceptance of the offer is not made when the Meego contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product.
Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.
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.
We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
Meego reserves the right to change the prices and available Products at any time. Quantities of some Products may be limited and stock cannot always be guaranteed. Products offered for sale on this Site are available all prices are quoted in U.S. dollars. The availability of Products may be limited depending upon the shipment destination. Prices do not include any shipping and handling fees, foreign exchange or transaction fees, or any applicable taxes – any shipping and handling fees and taxes charged or collected by Meego will be added to your order and will appear as a separate charge on your order receipt/confirmation. If applicable, currency exchange rates and foreign transaction fees are generally determined and applied by your payment provider and you acknowledge and agree that Meego shall have no responsibility for refunding nor compensating you for amounts or expenses incurred in connection therewith. We may occasionally make errors in the stated prices on this Site. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
Please note that the price quoted for each item on the Site should be regarded as an invitation for offer and should not be regarded as an offer. Your order is an offer for purchase, which will be accepted when Meego confirms your order. There may be certain orders that we are unable to accept and must cancel. Meego reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We may contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
Title to the products in your order will be transferred to you when the products leave our warehouse and are delivered to the carrier for shipment to an address designated by you in the order. All liabilities and risks to the products will also be transferred to you at that time. By placing an order on this Site, you authorize Meego to engage third party shipping services on your behalf.
E-bike Online Purchases and/or Independent Bike Shop Purchases: In the event you are purchasing an e-bike by ordering online, as opposed to a direct purchase in store, your order of an e-bike is there for an offer to buy. Meego Inc will send you an e-mail confirming our receipt of your Meego order. Meego Inc has accepted your order upon the shipment of the e-bike. We however reserve the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including suspected fraud or errors on either party.
In its sole discretion, Meego may provide special offers, affiliate codes of certain sales or product launches. Special offers and codes may not be combined and Meego reserves the right to end or pause all such offers, codes, or programs at any time.
Payments, Fees and Transactions: Meego charges certain fees for various transactions effected through the Service. Unless otherwise stated, all fees are quoted in United States Dollas ($). We accept payment via Visa, MasterCard and America Express, PayPal and Discovery etc. In addition to the payment of the applicable purchase price for a purchased item, buyers are responsible for paying all shipping costs to Meego and all applicable sales, excise, import, export, VAT and other taxes or duties associated with the purchase and sale of any items through the Service. All such shipping costs and taxes are not included in the listed price for any items made available through the Service, but will be displayed to buyers before confirmation of any purchase. For clarity, all shipping costs paid will be retained by Meego.
If we accept a pre-order of any Product, your account, credit card, or other payment mechanism will be charged upon approval by Meego, regardless of when your purchase is expected to ship. If any credit card chargeback of any amount is issued on an order, the Limited Warranty for that order will be paused until the chargeback has been resolved.
Payments may be declined or returned to you, in Meego’s sole discretion, for any reason or no reason at all. If we accept a pre-order of any Product, your account, credit card, or other payment mechanism will be charged upon approval by Meego, regardless of when your purchase is expected to ship. If any credit card chargeback of any amount is issued on an order, the Limited Warranty for that order will be paused until the chargeback has been resolved.
Credit Card Transactions: Meego uses Woocomerce and all payments made by you to Meego are processed through Stripe’s payment portal. To the extent you as a buyer effect any transactions using a credit card, you must have a valid credit card on file, and we will (or a third party credit card processor may) store your credit card information. Meego will verify your credit card information (including expiration date and billing address), but will not charge your credit card unless you conduct an activity through the Service that requires your credit card to be charged. By agreeing to pay for a transaction with your credit card, you authorize us to charge your credit card.
Fee Modifications: We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service.
Note that Meego reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Meego and its users from illegal or wrongful activities.
Buying: If you agree to purchase an item through the Service and confirm the transaction, you are obligated to complete the transaction in accordance with the Terms specified therein (e.g., with respect to the listing price), unless the transaction is prohibited by law or these Terms, subject to the return procedure described below.
Returns: If the item you receive is damaged, the wrong item or not as described, or if any items are missing, then you must report the issue in the Meego Service within 14 days after delivery of the purchased item. Alternatively, you can also email us within 14 days after delivery at firstname.lastname@example.org to let us know. Any Products sent back to Meego without the written consent of Meego will be rejected and returned to you at your cost.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
Pre-Orders and Backorders: Our backorder process is for e-bikes that have already been available but are temporarily out of stock. For all pre-orders and backorders, your credit/debit card will be charged immediately. There will be no delay in payment collection, regardless of when the item is expected to ship.
Accessory and Replacement Parts: Any purchase of accessories or receipt of a replacement part under the Limited Warranty shall be eligible for return within thirty (30) days of receipt. Any returned accessory or replacement part must be unused, free of any wear and tear, dirt, dust, fragrance, or any other signs of use and must be sealed and unopened in the same packaging and condition in which you received it. You will be responsible for paying for shipping both ways and will be subject to a twenty-five percent (20%) restocking fee.
Non-returnable and non-refundable Items: Used Products, batteries, special orders, sale items, gift cards and gifted orders shall not be returnable except in obscure cases of breakage/malfunction covered by our warranty, and then only after receipt of our approval for the return. “Built and Delivered” fees are nonrefundable.
Refunds: Any item returned with an order that used a coupon code will have the entire discount code value subtracted from the refund value, whether you return one e-bike or multiple e-bikes. Refunds will be made after the E-bike or items is received and inspected by our team.
Please send all approved returns to: Meego Inc C/O Returns, 145 E. Duarte Rd, Suite AA 408, Arcadia, CA 91006. Please include your tracking number so we may identify your return.
Stated prices do not include any customs, duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase. We reserve the right to charge shipping and handling fees, as determined by Meego in its sole discretion, to cover the cost of processing, handling and shipping orders, and which may include amounts incurred for customs, transport and duties as applicable. Any shipping and handling charges will be added to your order and will appear as a separate charge on your receipt/order confirmation.
E-bikes shipped within the contiguous United States qualify for free shipping for consumers. (For clarity, orders to Alaska and Hawaii do not qualify for free shipping.) Palletized freight orders are subject to additional fees and orders of only accessories, parts or other Products that are not e-bikes will be subject to applicable shipping fees. We are currently only shipping to the USA.
Any changes made regarding shipping once the item has been shipped, including but not limited to changing the address, putting an order on hold, or updating shipping settings/preferences may delay delievery of the e-bike and replacement items and/or refunds if any issues occur. If you would like to change the color of your ebike, you must do so prior to your order being shipped.
Please note we are not responsible for any lost, stolen, or damaged items due to the actions or inactions of FedEx or any other parcel service.
The purchaser is responsible for paying for their own shipping costs in the event it the item but be returned. Shipping costs are non-refundable. We recommend using a trackable shipping service and purchasing shipping. We cannot guarantee that we will receive the item you are attempting to return. For more information regarding our limited warranty and claims process, please review our Limited Warranty Terms, which are incorporated into by reference and form a part of these Terms.
Meego reserves the right to cancel any order without any explanation for doing so, under situation where Meego is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Meego policy or for any reason. However, Meego will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
If you receive a damaged or incomplete shipment of e-bike, or if you are otherwise unhappy with any Product, please contact us immediately. We must receive notice of a damaged or incomplete shipment within 14 days of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion. Additional or different rules apply to US customers in respect of damaged or incomplete shipments which can be found here.
Please note that information regarding the expected range on a single charge on one of our e-bikes is an estimate, not a guarantee, as is the battery charging time. There are many factors that contribute to actual, real-world range for an e-bike battery such as age of the battery, temperature, level of assist, speed, payload, and terrain. Given the right conditions, it is possible to get less than the expected minimum range or greater than the expected maximum range.
Any alterations, modifications, or other changes made by you to an e-bike after your purchase which affects the safety and operation, or mechanics of the e-bike shall void the Limited Warranty and shall be at your sole risk of harm.
Copyright: All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Meego or otherwise used by Meego as permitted by law.
In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain images and descriptions of e-bike items and other content (collectively, “Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Meego, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology underlying the Service (including the Software distributed in connection therewith) is the property of Meego, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software). Any rights not expressly granted herein are reserved by Meego.
The Meego name and logos are trademarks and service marks of Meego (collectively the “Meego Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Meego. Nothing in these Terms or the Service should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of Meego Trademarks displayed on the Services and Products, without our prior written permission in each instance. All goodwill generated from the use of Meego Trademarks will inure to our exclusive benefit.
Electronic Communications: When you use the Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or providing notices via the Service. 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. Any such emails may include marketing and promotional content.
Third Party Material: Under no circumstances will Meego be liable in any way for any items or content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via the Service. You acknowledge that Meego does not pre-screen items or content, but that Meego and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any items or content that is available via the Service. Without limiting the foregoing, Meego and its designees shall have the right to remove any item or content that violates these Terms or is deemed by Meego, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content.
Our Infringement Policy: Meego respects the intellectual property of others, and we ask our users to do the same. Meego will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
The above information should be sent to Meego Inc’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement by email to the following address: email@example.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:
145 E. Durate Rd. Suite AA 408, Arcadia, CA 91006, United States.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Meego has no control over such sites and resources and Meego is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Meego 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 use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Meego is not liable for any loss or claim that you may have against any such third party.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”AND “AS AVAILABLE” BASIS. MEEGO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MEEGO MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN ORDER FORM, IN NO EVENT WILL MEEGO OR ITS AFFILIATES BE LIABLE TO USER OR BUYER, INCLUDING, WITHOUT LIMITATION: ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN TORT, CONTRACT, OR OTHERWISE; OR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF MEEGO OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIABILITY FOR THESE DAMAGES WILL BE LIMITED AND EXCLUDED EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEEGO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEEGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I.) THE USE OR THE INABILITY TO USE THE SERVICE (INCLUDING ANY INJURY OR OTHER BODILY HARM THAT MAY RESULT FROM YOUR USE OF THE SERVICE); (II.) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III.) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV.) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V.) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that Meego suffers any damage or loss.
You agree and warrant that your log-in name and password shall:
- be used for your personal use only; and
- not be disclosed to any third party.
You allow Meego to take all reasonable steps to ensure the integrity and security of the Site and back-office applications. All credit card transactions are Secure Socket Layers encrypted. Meego’s registration documents and the Site’s registered domain name are checked and verified by Avast Web/Mail Shield.
You agree that Meego, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any items or content within the Service, for any reason, including, without limitation, for lack of use or if Meego believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Meego may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Meego may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Meego shall not be liable to you or any third-party for any termination of your access to the Service.
You agree to release, indemnify and hold Meego and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service (including any sale or purchase of any items through the Service), any User Content, your connection to the Service, your violation of these Terms or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION’S COMPREHENSIVE ARBITRATION RULES. YOU AND MEEGO INC. AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND MEEGO INC. WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
- This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and Meego, its affiliates, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase that relates in any way to your purchase of the Products, these Terms, or Meego’s marketing or advertising (“Claims”).
- You still have the right to bring individual Claims in small claims court, to the extent that you qualify
- Meego will pay the arbitration/arbitrator fees.
- Arbitration shall be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org
- Discovery shall be permitted in arbitration subject to AAA Consumer Arbitration Rules.
- The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
- Claims may not be arbitrated on a class or representative basis. You and Meego Inc. agree to arbitration only on an individual basis. Neither you nor Meego Inc. may join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement.
- You and Meggo Inc. agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
- This arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi- governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
Either you or Meego may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two (2) Business Days or more, in which event neither you nor Meego shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
These Terms shall be governed by, construed and enforced in accordance with the laws of Colorado, United States without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Site, shall be brought only in either the state or Federal courts located in Colorado, United States, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
You and Meego are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
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.
Assigning or sub-contracting any of your rights or obligations under these Terms to any third party is prohibited unless agreed upon in writing. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms to any third party.
As states above, we reserve the right to amend these Terms at any time. All amendments to these Terms will be posted on-line. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using it in any way, the Site as continued use of the Site will be deemed to constitute acceptance of the new Terms.
You understand and agree that sending unsolicited email advertisements to Meego email addresses or through Meego computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Meego computer systems is a violation of these Terms and certain federal and state laws.
This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter.
The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. Any graphics or annotations provided in connection with this Agreement are for illustration purposes only and do not constitute part of the Agreement and changing a graphic does not qualify as a change to this Agreement. The list of Prohibited Products and Activities is separately maintained, and modifications thereto will not qualify as a change to this Agreement.
Please contact us at firstname.lastname@example.org to report any violations of these Terms or to pose any questions regarding these Terms, the products or the Service. Feel free to send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to the support page on the website or to our physical office address: 145 E. Durate Rd. Suite AA 408, Arcadia, CA 91006, United States.
Last updated on 9th November, 2020