Website Terms & Conditions
As set forth more fully below, You also accept that the proper forum and applicable laws for resolving any and all disputes arising through or related to this Site are the federal or local courts presiding in the State of Maryland, United States, and the laws of the United States and the State of Maryland.
The content of the pages of this Site is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products or information available through this website meet your specific requirements.
1. OWNERSHIP OF TRADEMARKS, COPYRIGHTS AND OTHER PROPRIETARY RIGHTS
All trademarks, service marks, certification marks, trade names, trade dress, copyrights, patent rights, rights of publicity and other proprietary rights in or associated with the Site, the Site Contents and Site Code are the properties of M-Edge, its owner(s), affiliated entities, licensors or third-party suppliers of products, services or Content. The material owned by or licensed to M-Edge also includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms.
Nothing in these Terms or any Site Contents convey an ownership interest or a non-terminable license in any trademarks, service marks, trade names, trade dress, copyrights, patent rights, rights of publicity and other intellectual property or proprietary rights in or associated with the Site, the Site Contents or the Site Code. As used in these Terms, "Site Code" and "Code" mean any and all underlying elements of the Site, including, but not limited to source code, object code, and other sets of statements or instructions that relate to the operation or functions of the Site.
2. SUBMISSIONS AND USER GRANT OF LICENSE
Due to legal or practical requirements, we cannot provide compensation for, agree to consider, or agree in advance to keep confidential, any creative ideas, suggestions, text, designs, items, images, designs, illustrations, icons, logos, information or any other type of content placed on the Site (all collectively referred to as "Content"). In order to avoid confusion and unmanageable situations, you must agree that all Content submitted by you via the Site or through any contact information provided in the Site (e.g., addresses, e-mail addresses, telephone numbers, links) is provided with a paid-up, perpetual, non-exclusive license, effective everywhere, to M-Edge to consider, retain, copy, use, publish, display, delete, distribute, modify, edit, performs, disclose and otherwise exploit the Content, at M-Edge's sole discretion, and to authorize others to do so. M-Edge may, in its sole discretion, determine that a particular submission should be kept confidential. Any or all of these license rights can be assigned and sublicensed by M-Edge and they apply to all manner of copying, display, distribution, transmission, storage, recording or other media or means of exploitation now known or hereafter conceived.
Unless expressly stated otherwise in writing by M-Edge, M-Edge does not necessarily control third-party sites that may be linked to or from the Site. M-Edge cannot monitor or otherwise evaluate such sites, and M-Edge is not responsible for any of their contents, features, codes, underlying materials, terms of access or privacy policies. Even if you are linked to a web page other than the front page of the linked site, you are responsible for checking that site’s terms and conditions of access and use, as well as the site's privacy policies. Materials on other sites may be subject to proprietary rights and other restrictions. LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY AND THEIR USE IS AT YOUR SOLE DISCRETION AND RISK. M-Edge is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy or appropriateness of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All links to the Site or any of its pages require the prior express written consent of M-Edge.
4. PUBLIC COMMUNICATIONS, FORUMS AND INTERACTIVE FEATURES
The Site may provide features for interactive use, referred to herein as "Visitor Features." M-Edge may, in its sole discretion and without advance notice, discontinue provision of any Visitor Features to any or all Site visitors and may, in its sole discretion, remove any Content provided by a Site visitor. Please be sure to exercise caution in deciding whether to post particular Content. Such posting must comply with these Terms and any applicable laws and regulations.
We hope that all of those who use and have access to the Site will follow the Terms and otherwise conduct themselves properly. However, we cannot be responsible for monitoring, verifying or substantiating Content or Code provided by users of the Site. Also, the appearance of any particular product, service, opinion, statement or other Content on the Site does not necessarily mean that M-Edge endorses, sponsors or recommends it. Therefore, you agree that neither M-Edge nor any of its employees or contractors shall be liable to you for any breach of the Terms by Site users or for other injurious behavior engaged in by entities who use or gain access to the Site, its Contents or Code. Also, any Content provided by a Site Visitor is also subject to the grant of rights set forth in Section 2 these Terms.
If you do post content or submit material, and unless we indicate otherwise, you grant M-Edge a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant M-Edge the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify M-Edge for all claims resulting from content you supply. M-Edge has the right but not the obligation to monitor and edit or remove any activity or content. M-Edge takes no responsibility and assumes no liability for any content posted by you or any third party.
Users of Visitor Features are bound by and must comply with the Terms and all applicable laws and regulations. For example, users agree NOT to do the following:
(a) Transmit any Content that is damaging, disruptive, obscene, unlawful, inaccurate, defamatory, illegal or otherwise objectionable to M-Edge, including but not limited to, communications that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual;
(b) Impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy or violate the personal or proprietary right of any person or entity;
(c) Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations having the force of law, while you are using or accessing any Visitor Features;
(d) Infringe the copyrights, trademarks, or otherwise injure the personal or proprietary rights of any person or entity;
(e) Modify, without proper authorization, Content provided by another user.
Specifically with regard to the posting of customer product reviews, and in addition to the terms set forth in Section 4 above, Visitors may post constructive and tasteful reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene or distasteful, 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 profanity or spiteful remarks, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Comments should be specifically about the product and not off-topic feedback such as your shipment experience, typos or inaccuracies on our web site, or customer service interaction. Those comments should be submitted at http://www.medgestore.com/about/contact/. Promotional content such as advertisements, promotional material or repeated posts that make the same point excessively are also prohibited. Sentiments by or on behalf of a person or company with a financial interest in the product or a directly competing product will not be posted. You may not use a false e-mail address, or impersonate any person or entity. M-Edge reserves the right (but not the obligation) to not publish or post such content.
5. MINORS AND CHILDREN UNDER THE AGES OF THIRTEEN AND MINORS UNDER THE AGE OF EIGHTEEN
Our site is operated on the principles of commercial responsibility and care for our customers. However, as with any access to information, communication technologies and commercial transactions, we want to ensure that younger uses are properly protected and supervised.
Minors must be supervised by a parent or legal guardian, and the parent or guardian must agree on their behalf, and on behalf of the minor, to these Terms. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to post to the Site. If you are under 13, please do not attempt to post or send any information about yourself to us, such as your name, address, telephone number, or e-mail address. If you become aware that we have collected personal information from a child under age 13 without verification of parental or guardian consent, please provide notice to us at the address provided in Section 10, below.
Also, if you are under the age of 18, please be sure that your parents or guardians are aware of and agree to your access to, use of and activities on the Site.
6. YOUR LICENSE REGARDING THE SITE
Your compliance with the Terms provides a limited, terminable license regarding access to and use of the Site Contents in accordance with these Terms.
In addition to compliance with the other provisions of these Terms, you agree:
(a) Not to alter any Site Content without M-Edge's express, written permission or use any Site Content in a manner specifically prohibited by, or not expressly authorized by, these Terms;
(b) To use the Site Contents for your own informational purposes only. For example, unless expressly authorized by M-Edge, you agree not to place any Site Contents on a network and will not use any Site Contents to advertise or otherwise promote any products, services or political positions;
(c) Not to copy, distribute, reverse engineer, decompile, disassemble, modify, disclose or otherwise use any Site Code without the express written permission of M-Edge; In addition, you agree not to combine or associate the Content or excerpt with any other material, e.g., as part of a derivative work, collective work or compilation;
(d) M-Edge may, solely in its own discretion and without advance notice, revoke the limited license regarding all of the Site Contents or with respect to specific images, texts, other Site features or Site Code. If requested by M-Edge, you agree to cease using and/or to destroy any copies of the subject Content or Code;
(e) Unless expressly permitted in writing from M-Edge, you will not frame, link, associate with advertisements (e.g., pop-ups) or commercially exploit the Site, Site Contents or the Site Code; and
(f) You are responsible for ensuring that other parties that have access to the Site, Site Content or the Site Code through our system or equipment, or through your actions or inactions, agree to and comply with these the Terms.
(g) All rights not expressly granted to you by these Terms are reserved by M-Edge, its owner(s), affiliated entities or its licensors.
7. WARRANTY DISCLAIMERS, DAMAGE LIMITATION, INDEMNIFICATION
THE SITE, OPERATION OF THE SITE CODE, SITE CONTENTS (INCLUDING BUT NOT LIMITED TO LINKED SITE CONTENTS), AS WELL AS THE OPERATION OF AND EFFECTS OF ACCESS TO THE SITE AND LINKED SITES, ARE PROVIDED "AS IS." M-EDGE, ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS, SUPPLIERS, AGENTS, AND CONTRACTORS SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY, EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO, WARRANTIES OF: (1) SUITABILITY FOR ANY PARTICULAR PURPOSE; (2) MERCHANTABILITY; (3) COMPLETENESS; (4) ACCURACY; (5) NON-INFRINGEMENT; (6) INJURY TO PERSONAL OR PROPRIETARY RIGHTS; AND (7) FREEDOM FROM TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES, AND OTHER HARMFUL COMPONENTS.
IRRESPECTIVE OF WHETHER A CLAIM IS BASED UPON CONTRACT, NEGLIGENCE, TORT OR OTHER PRINCIPLES, AND IRRESPECTIVE OF WHETHER THEY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, M-EDGE, ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS, SUPPLIERS, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, OR DAMAGES FOR BUSINESS DISRUPTION OR LOSS OF INFORMATION.
PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES. THEREFORE, SOME OF THE ABOVE TERMS MAY BE INAPPLICABLE TO PARTICULAR CIRCUMSTANCES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS M-EDGE, ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, SUPPLIERS, AGENTS, AND CONTRACTORS FROM ANY AND ALL CLAIMS AND CAUSES OF ACTIONS ARISING FROM OR RELATED TO ANY VIOLATION OF THE TERMS BY YOU OR BY OTHERS THAT GAIN ACCESS TO THE SITE THROUGH YOUR SYSTEM OR TO WHOM YOU HAVE PROVIDED ACCESS TO SITE CONTENTS. M-EDGE RESERVES THE OPTION, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL COOPERATE WITH M-EDGE IN ASSERTING ANY AVAILABLE DEFENSES. YOU SHALL BE RESPONSIBLE FOR ANY DAMAGES OR FINES ASSESSED DUE TO VIOLATION OF THE TERMS BY YOU OR OTHERS THAT GAIN ACCESS TO THE SITE THROUGH YOUR SYSTEM OR TO WHOM YOU HAVE PROVIDED ACCESS TO SITE CONTENTS.
8. PRODUCTS AND SERVICES
8a.) CUSTOM COVERS - ACCEPTABLE CONTENT GUIDELINES
The following content is NOT permitted on customized covers:
Text or images that infringe on any intellectual property rights including, but not limited to:
- Copyrights, trademarks and rights of privacy/publicity
- Text or images of obscenity, pornography or nudity
- Text or images that encourage or glorify drug use/abuse
- Images which display violence
- Content that is libelous or defamatory
- Content that can reasonably be viewed as harassing, threatening, or otherwise harmful
- Hate speech
- Content that can reasonably be viewed as discriminatory based upon race, ethnicity, national origin, sexual orientation, or disability
- Content that violates or encourages anyone else to violate any law
Any products that are deemed unacceptable by the rules above, or deemed offensive or in bad taste at the sole judgment of M-Edge, will be cancelled and removed from the Style Library with or without notice.
8b.) CUSTOM AND STYLE LIBRARY LEGAL DISCLAIMER
- We reserve the right to decline to use your uploaded image or text at our sole discretion.
- You may not upload an image or text that violates the Acceptable Content Guidelines.
- If you submit a design to Style Library, you are giving M-Edge license to your design.
- If you submit a design to Style Library, you are making your design available to the public to view and purchase without compensation to you.
You must own all rights (including copyright) in the image and text you upload, or have the written permission of ALL persons who own (a) the rights to upload the image or text and (b) the rights to authorize the uses permitted in the Terms and Conditions. If someone other than you is the owner of the image, appears in it, or has created the text, you must obtain such permission from them. If you upload any image or text that violates our Terms and Conditions, your order may be canceled. By clicking "Add to Cart" or "Add to Style Library", you certify that (a) you have read and agree to the Terms and Conditions; (b) the image does not violate the Terms and Conditions; (c) you own or have obtained all Rights necessary to upload this image and/or text and authorize the uses permitted in the Terms and Conditions; and (d) you grant M-Edge the royalty free license to use the image and/or text.
Because custom designs are printed on a cotton-linen blended fabric, the colors on your finished jacket may not represent the exact high-resolution colors a photo will show during the Preview Design. We make every attempt to match colors as closely as possible; however, we cannot guarantee an exact color match for all colors chosen for customized jackets. By checking off on the Terms and Conditions you understand and agree that there will be slight color variations from the Preview Design process to the finished product. M-Edge will not be held liable if your customized jacket's color is different from the color shown on in the preview. Please note all customized jackets are not returnable, refundable or exchangeable.
We attempt to provide web images of our leather products that closely match their natural colors. However, due to the varying color settings across computer monitors, we cannot guarantee that the color you see on your monitor will exactly match what you receive. If you are not fully satisfied with the product you received, please contact us for a return or exchange (please see our return policy requirements).
9. INTELLECTUAL PROPERTY LIMITATION OF LIABILITY
M-Edge respects the intellectual property of others, and we ask visitors to our Site to do the same. We have adopted processes under the Digital Millennium Copyright Act as the framework for receiving communications and claims regarding violations of these Terms and potentially injurious or infringing Content, such as content that may infringe a copyright. If you believe your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of M-EDGE:
- Identification of the copyrighted work(s) that You claim has been infringed;
- Identification of where the material that You claim to be infringing is located on the Site;
- A statement that You have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use;
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner's behalf;
- Your address, telephone number, and e-mail address; and
- Your physical or electronic signature.
Contact details for our agent and recipient for notices and other communications regarding the Site is as follows:
10. CHANGES TO SITE, TERMS AND OWNERSHIP
M-Edge reserves the right, at its sole discretion, without advance notice, to change, modify, add or remove all or any portion of the Site or the Terms. Changes to the Terms shall be immediately effective when posted. You agree to review the Terms for changes. YOUR ACCESS TO AND CONTINUED USE OF THE SITE AFTER THE CHANGES ARE POSTED SHALL CONSTITUTE ACCEPTANCE OF THOSE CHANGES. Also, events may occur that result in disruption or discontinuation of access to the Site, removal of specific Site Contents or corruption of Site Code. Therefore, M-Edge reserves the right, without liability, to: (1) discontinue provision of access to the Site to any and all users without notice; and (2) remove or modify any Site Content. You agree that these Terms and M-Edge's interests, rights, and obligations hereunder, can be transferred by M-Edge to a subsequent owner of an interest in the Site or any of the Site Contents.
12. JURISDICTION, DISPUTE RESOLUTION, INTERPRETATION, ASSIGNMENT, SEVERABILITY AND MERGER
The Site shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the State of Maryland applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Site, You consent to the jurisdiction of the courts presiding in the State of Maryland and You agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
Any action based on a breach of the terms herein shall be brought to the federal or local courts presiding in the State of Maryland, United States, whichever is appropriate, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction, and grant to M-EDGE its damages and attorneys' fees and such other and further relief as the court may deem appropriate.
M-Edge, at its sole discretion, can also institute or convert any action (no matter which party initiates it) to an arbitration under the applicable rules of an established arbitral organization with offices or resources in the State of Maryland said arbitration to: (1) apply the choice of law specified above; and (2) take place in the State of Maryland. All disclaimable or waivable local and international provisions related to choice of law or dispute resolution are waived or disclaimed by you in favor of the above choice of law, jurisdiction, venue and forums for dispute resolution. To the extent permitted by applicable law or terms, and where applicable law or terms do not provide for a shorter term, you agree that any claim by you arising from or related to these Terms, or their subject matters, must be filed by you within one (1) year from the date the claim arose. Additional regulations of mandatory applicability may apply in certain circumstances and, e.g., provide for a shorter term in which a claim must be filed.
You agree and represent that you have carefully considered the Terms and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of M-Edge. The section headings in these Terms are for convenience only and do not limit or otherwise affect the interpretation of any of the language in the Terms. If M-Edge fails to enforce any provision of these Terms or fails to exercise or waives any right in respect thereto, such failure or waiver shall not be construed as constituting: (1) a continuing waiver; (2) a waiver of its rights to enforce such provision with respect to other events; (3) a course of dealing; or (4) a waiver of any other rights under these Terms.
If any provision(s) of the Terms are deemed void or unenforceable in a determination by a body with proper jurisdiction, the parties agree (without waiving rights of appeal) that the subject provision(s) shall be: (1) reconstituted to approximate as closely as lawfully possible the evident intent of the original provision(s); or (2) if option (1), above, cannot be implemented, the unenforceable provision(s) shall be excised from the Terms and the parties shall negotiate in good faith with respect to their modification. If the parties cannot agree to a modification, the Terms shall be enforced, without the unenforceable provision, in a fair manner that most closely approximates the evident intent or understanding of the parties. Modifications made due to the unenforceability of any provision(s) or their being held void in a particular circumstance or jurisdiction shall not be deemed applicable (and the terms shall remain unchanged) in other circumstances and jurisdictions where such provision(s) would not be void or unenforceable.
You may not assign your rights or obligations under this Agreement without the prior express written consent of M-Edge.
These Terms comprise the entire agreement between the parties relating to the matters contained herein and shall not be modified except in a written document supplied by M-Edge, such as modified Terms.
BY USING THE SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL.
|Last updated:||December 18, 2012|