Terms And Conditions Of Website Use
Effective Date April 1, 2007
This Website is provided by M&M Wholesale. Inc. ("M&M"). Your use of this Website is subject to these Terms and Conditions of Website Use ("User Agreement"). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.
Please note: your use of this website constitutes your agreement to be bound by and comply with all of the terms of this user agreement. if you do not agree to all of the terms of this user agreement, then you may not use this website.
1. Right to Use this Website M&M grants you limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to our products and services ("Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of M&M and others as outlined below. Your unauthorized use of Content may result in your personal liability, including potential criminal liability.
2. Online Shopping This Website offers online capabilities to purchase products (such as toys) and services (such as mailing lists). You must be 18 years of age or older to make any such purchases. Check our online store for more information on delivery, returns, and other sales policies. As to products and services featured on this Website, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. As to services featured on this Website, the terms of those service offerings may be found in our Privacy Policy and will be supplemented by this User Agreement.
- No Purchase by Minors
By ordering a product or service online by M&M, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from M&M without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.
- Order Minimums
There are NO MINIMUMS for our products.
- Product Availability
All products are limited in quantities. All orders will be filled on a first come, first serve basis. Should an ordered item not be available when your order is processed, you will receive notification before shipment.
- Taxes
You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from M&M.
- Postage and Handling; Insurance
You are responsible for paying all postage, shipping and handling charges relating to your online purchases (including any product offered with a service), and for insuring your purchases. All freight is FOB Nashville.
- Payment Methods
Check, Visa, MasterCard, Discover, Money Order and Cashiers Check. All orders must be shipped prepaid. No COD's. All freight is FOB Nashville.
- Returns and Warranties
Please review the information available at our online store regarding our return policies and warranty information.
3. Use Restrictions You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; of (f) engage in any activity that interferes with a user's access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.
4. Investigations; Cooperation with Law Enforcement; Termination M&M reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
5. Privacy and Security Measures M&M must collect certain information in order to operate this Website and to fulfill your requests or enable participation in certain online activities. But M&M respects the privacy of its visitors. Please review our Privacy Policy for further details.
6. Disclaimers and Limitations of Liability This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your own risk. THIS WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. M&M DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN M&M WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, M&M WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
7. Links by You to this Website You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are only to the home page of this Website, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with M&M or cause confusion among consumers, (d) the links and related content on your site do not portray M&M or its products or service in a false, misleading, derogatory, or otherwise offensive manner, and (e) the links and related content on your site are not operated for any commercial purpose.
8. General Provisions
- Indemnity
You agree to indemnify, defend, and hold harmless M&M and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.
- Revisions to this Websiteand this User Agreement
M&M may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. M&M may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.
- Severability
If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.
Contact Information
Should users have any questions or suggestions regarding our policy, please contact us at:
M&M Wholesale, Inc. 3321 Old Hickory Blvd. Old Hickory, TN 37138 Tel: (615) 847-0750 Fax: (615) 847-1380 sales@mmwholesale.net http://www.mmwholesale.net |