Mulberry Market Designs, INC. TERMS AND CONDITIONS.
The following Terms and Conditions (“Terms”) between you (“you” or “your”) and Mulberry Market Designs, Inc. (“we,” “our,” “us,” “MM”, or “Mulberry Market Designs”) describes the terms and conditions on which you may access and use the Mulberry Market Designs website located at www.MulberryMarketDesigns.com (the “Site”), and related services, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Mulberry Market Designs reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER TO PARTICIPATE ON OUR SITE.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Mulberry Market Designs, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. We may update the Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to info@MulberryMarketDesigns.com.
Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or another medium for publication or distribution or for any commercial enterprise, without Mulberry Market Designs’ express prior written consent.
2. Your Use of the Site
You agree that you will not utilize the Site to create Products that are offensive, unlawful, harassing, libelous, threatening, profane, harmful, obscene, malicious, abusive, explicit, defamatory, indecent, inflammatory, tortious, hateful, or racially, ethnically or obtrusive of another’s rights including rights of famous persons, privacy and intellectual property. Mulberry Market Designs may terminate its service to customers found to be using Signs to engage in undesirable activities. You are solely responsible for your use and the quality of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You must obtain appropriate authorization from the owners of any copyrighted work before you include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products. By placing an order on this Site, you warrant that you have all necessary consent, right and authority to place the order and you authorize Mulberry Market Designs to produce the Products on your behalf. You warrant that your Products do not infringe or encroach upon any rights or privileges of any third party, including copyrights, trademarks, rights of publicity or privacy, and will not libel or defame any third party and that you have all required rights or consent necessary to incorporate third party material into your Products.
Prices and availability are subject to notice. Mulberry Market Designs may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Mulberry Market Designs makes no commitment to update the materials on the Site with respect to such products and services. Mulberry Market Designs reserves the right to withdraw any offer and to correct any errors or omissions. If we discover a pricing error after your order has been placed, we will contact you immediately. We will either cancel your order and issue a full refund, or adjust the amount owed to reflect accurate pricing, depending on your wishes.
You represent and warrant that if you are purchasing something from us or from our merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
There are no cancellations once we receive and begin processing your order after two business days.
6. Refunds and Return Policy
Please see our Policies Page HERE
7. Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account. When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Mulberry Market Designs immediately of any unauthorized use of your account or password, or any other breach of security. By creating an account, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
10. Color Matching
We do our very best to make sure the colors that you see on our website are as close to the exact product as possible, but we cannot guarantee color matches due to the many variations in monitors and browsers, colors may appear different on different monitors. Computer monitors are not all calibrated equally and color reproduction on the Internet is not precise. Since it is not possible to guarantee our online colors will look the same on all computers, we do not guarantee that what you see accurately portrays the color of the actual product.
11. Limited Right to Use
Your use of the Site grants you only a limited, nonexclusive license to use solely by you for your own personal use and shall not be used for sale, republication, assignment, sublicense, distribution, preparation of derivative works or other such uses. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by these Terms. You agree not to modify, rent, loan, sell or distribute the Services in any manner, and you shall not exploit the Services in any manner not expressly authorized.
You are solely responsible for compliance with any applicable laws and agree to check with any applicable legal authority for the standards, rules, and regulations governing the types of signs, or other products permitted for your particular use. We do not make any claims about the legal compliance or registration of signs, or any other products sold by affiliates of Mulberry Market Designs, Inc.
13. Use of information
By sending us any feedback, suggestions, ideas, notes, concepts and other information (collectively, “Submissions”) you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Submissions, and you waive all moral rights in the Submissions which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Submissions do not contain any confidential or proprietary information of any third party and that Mulberry Market Designs may use your Submissions without restriction or obligation to you or any third party.
By submitting an order for a personalized product and upon our completion thereof, we reserve the right to use the personalized product for promotional uses as Mulberry Market Designs deems fit. If you do not wish to allow us to use your personalized product for such uses, you must request so in writing to Mulberry Market Designs in email or written form.
17.1. Termination by You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at firstname.lastname@example.org. You understand that your content may continue to exist and be used on or through the Service even after such deactivation.
17.2. Termination by Mulberry Market Designs
Any violation of these Terms, including any of the prohibitions in Section 2, may result in suspension or termination of your access to the Services. Mulberry Market Designs may also terminate your account if we determine that your conduct poses a risk or liability to Mulberry Market Designs, or for any other reason as determined by Mulberry Market Designs in our sole discretion.
17.3. Effects of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: Section 2 and Sections 18-20.
18. Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL MULBERRY MARKET DESIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF MULBERRY MARKET DESIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE SOLE REMEDY FOR ANY DELAYS IN SHIPMENT, RECEIPT OF INCORRECT PRODUCTS, OR ANY INABILITY OF YOUR USE OF THE PRODUCT SHALL BE REPLACEMENT OF THE PRODUCT.
This Site and any information or content on this Site are provided “AS IS” with all faults. Mulberry Market Designs makes no representations or warranties of any kind, whether express or implied, with respect to this Site or content or information available on or through this Site except as provided herein. Except as otherwise provided under applicable laws, neither Mulberry Market Designs nor its corporate affiliates, employees or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this Site or any other Site linked to this website. This limitation of liability applies to direct, indirect, consequential, special, punitive, or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Site is notified in advance of the potential for any such damages.
19. Dispute Resolution, Arbitration and Class Action Waiver
This Section 19 includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt-out of the arbitration agreement by following the opt-out procedure described below.
19.1. Informal Process First
You agree that in the event of any dispute between you and Mulberry Market Designs, you will first contact Mulberry Market Designs and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. You agree to not enlist the involvement of charge referrals or charge-backs with credit card issuers. You agree to indemnify us for any and all charges we may suffer by your involvement with these third parties.
19.2. Arbitration Agreement
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Mulberry Market Designs’ Services and/or Products, or relating in any way to Mulberry Market Designs’ communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Mulberry Market Designs. However, this arbitration agreement does not (i) govern any Claim by Mulberry Market Designs for infringement of its intellectual property or access to the Services which is unauthorized or exceeds authorization granted in these Terms or (ii) bar you from making use of applicable small claims court procedures in appropriate cases. IF YOU ARE AN INDIVIDUAL YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF THE FIRST OF THE DATE YOU ACCESS THIS SITE OR THE DATE YOU RECEIVE ANY SERVICES BY FOLLOWING THE PROCEDURE DESCRIBED BELOW.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolved by a neutral arbitrator. A court review of an arbitration award is limited. Except to the extent, the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and Mulberry Market Designs are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Mulberry Market Designs, Inc., [address]. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules including if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. FLORIDA law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to Section 19(C) below.
If you do not want to arbitrate disputes with Mulberry Market Designs and you are an individual, you may opt out of this arbitration agreement by sending an email to email@example.com within thirty (30) days of the first of the date you access the Site or the date you receive any Services.
19.3. Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration.
Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived and that any claims must be decided individually, through arbitration. If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Mulberry Market Designs each waive any right to a jury trial.
20.1. Jurisdictional Issues
Mulberry Market Designs makes no representation that the Services are appropriate or available for use outside the United States and/or Canada. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross-references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Mulberry Market Designs intends to announce or make available such products or services to the general public, or in your country.
20.2. Export Laws
The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the Mulberry Market Designs content, or any part thereof, in any way, in violation of United States law.
20.3. Governing Law and Venue
These Terms are governed and interpreted pursuant to the laws of the State of Florida, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a state or federal court located in the State of Florida, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens.
20.4. Entire Agreement
These Terms are the entire agreement between you and Mulberry Market Designs relating to the subject matter herein and shall not be modified except by Mulberry Market Designs in accordance with these Terms, or as otherwise agreed in writing by you and Mulberry Market Designs. No employee, agent or another representative of Mulberry Market Designs has any authority to bind Mulberry Market Designs with respect to any statement, representation, warranty or other expressions not specifically set forth in these Terms.
20.5.Severability and Waiver
If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
You may not assign or transfer these Terms or any of your rights or obligations under these Terms.Mulberry Market Designs may assign these Terms at any time without notice to you.
20.7. Force Majeure
Mulberry Market Designs will not be liable for or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Mulberry Market Designs’ reasonable control.
You acknowledge that you have carefully read and understood all of the provisions of the foregoing Terms and understand that you have the right to seek independent advice, at your own expense, or to propose modifications prior to agreeing to the Terms. You further represent and warrant that you have accepted these Terms voluntarily and after consulting with whomsoever you wish.