TERMS OF USE

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA). If your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the GLBA.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We own or license all intellectual property rights in the Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (“Content”), and the trademarks, service marks, and logos (“Marks”). Our Content and Marks are protected by law.

The Content and Marks are provided “AS IS” for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download/print a copy of Content you properly access for personal, non-commercial or internal business use.

Any other use requires our prior written permission. Direct such requests to [email protected]. We reserve all rights not expressly granted.

Your submissions

By sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submissions. You also confirm compliance with “PROHIBITED ACTIVITIES,” waive moral rights to the extent permitted by law, and warrant that Submissions are original or properly licensed and non-confidential. You are solely responsible for your Submissions.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information is true, accurate, current, and complete; (2) you will maintain and promptly update it; (3) you have legal capacity and agree to comply with these Legal Terms; (4) you are not a minor; (5) you will not access via automated or non-human means; (6) you will not use the Services for illegal purposes; and (7) your use will not violate any law or regulation.

4. USER REGISTRATION

You may be required to register to use the Services. Keep your password confidential; you are responsible for all use of your account. We may remove, reclaim, or change a username we deem inappropriate.

5. PRODUCTS

We aim to display product colors, features, specs, and details accurately, but do not guarantee accuracy or availability. All products are subject to availability and may be discontinued. Prices may change without notice.

6. PURCHASES AND PAYMENT

Accepted methods: Visa, Mastercard, American Express, Discover, PayPal, PayPal Pay Later, Apple Pay, US Bank Account, Cash App Pay, Afterpay, Klarna, Amazon Pay.

You agree to provide current and accurate purchase/account info and promptly update it. Sales tax may be added. All payments are in US dollars. You authorize charges for purchases and applicable shipping. We may correct pricing errors even after payment.

We may refuse, limit, or cancel orders at our discretion, including by customer account, payment method, or address; and orders that appear to be by dealers, resellers, or distributors.

7. SUBSCRIPTIONS

Billing and Renewal

Your subscription auto-renews until canceled. You consent to recurring charges per your plan.

Cancellation

Cancel anytime via the contact info below. Cancellation takes effect at the end of the current paid term. For questions: [email protected].

Fee Changes

We may adjust subscription fees and will communicate changes as required by law.

8. RETURN POLICY

All sales are final and no refund will be issued.

9. PROHIBITED ACTIVITIES

You may not use the Services for any purpose other than those we make available. Prohibited activities include (without limitation): data scraping/compiling without permission; deception or attempts to obtain sensitive info; interfering with security features; harassment; illegal use; unauthorized framing/linking; uploading malicious code or passive collection mechanisms; automated use (bots, spiders, scripts); impersonation; removing proprietary notices; reverse engineering (except as permitted by law); using buying agents; collecting emails/usernames; competing with us using the Services; advertising via the Services; selling/transferring your profile; and creating undue burden on the Services or related networks.

10. USER GENERATED CONTRIBUTIONS

The Services do not offer user posting features, but you may submit content to us. Any Contributions may be treated per our Privacy Policy. You represent/warrant your Contributions do not infringe rights, include unlawful/objectionable material, violate privacy or child-protection laws, or otherwise violate these Legal Terms.

11. CONTRIBUTION LICENSE

We may access, store, process, and use information you provide per our Privacy Policy and your choices. Feedback may be used and shared for any purpose without compensation. We do not claim ownership of your Contributions; you retain your rights. You are solely responsible for your Contributions.

12. GUIDELINES FOR REVIEWS

When posting a review (if enabled), you must have firsthand experience; avoid profanity, discriminatory or hateful language, illegal content, or false/misleading statements; and you may not coordinate review campaigns. We may accept/reject/remove reviews at our discretion and may use review content per a perpetual, worldwide, royalty-free, assignable, sublicensable license.

13. SOCIAL MEDIA

You may link third-party accounts to your account. You warrant you can disclose/access those accounts under their terms. We may access and store content per your settings. You can disable connections at any time. Your relationship with third-party providers is governed solely by your agreements with them.

14. THIRD-PARTY WEBSITES AND CONTENT

Links to third-party websites or content are provided at your risk. We do not monitor or endorse third-party sites/content and are not responsible for them. Review their terms and privacy policies. Purchases via third parties are solely between you and the third party.

15. SERVICES MANAGEMENT

We may monitor the Services, take legal action, restrict or disable content, remove excessive/burdensome files, and manage the Services to protect our rights/property and ensure proper functioning.

16. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.meghamartco.com/legal/privacy. By using the Services, you agree to be bound by our Privacy Policy. Services are hosted in the United States. If you access from other regions, you consent to transfer and processing in the United States.

17. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services. We may, in our sole discretion and without notice or liability, deny access and use (including blocking IPs), terminate your account, and/or remove content for violations of these Legal Terms or law. If terminated/suspended, you may not register again. We may pursue appropriate legal action.

18. MODIFICATIONS AND INTERRUPTIONS

We may change, modify, suspend, or discontinue the Services at any time without notice. We are not liable for any modification, price change, suspension, or discontinuance. We cannot guarantee availability at all times and are not liable for downtime or discontinuance.

19. GOVERNING LAW

These Legal Terms and your use of the Services are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

20. DISPUTE RESOLUTION

Informal Negotiations

Before arbitration, the Parties will attempt to resolve any dispute informally for at least thirty (30) days upon written notice.

Binding Arbitration

If unresolved, disputes will be finally resolved by binding arbitration under the AAA Commercial Rules and, where appropriate, the AAA Consumer Rules. Venue: Hardin, Texas, except where AAA rules or law require otherwise. The arbitrator must follow applicable law. Parties may seek to compel, stay, or confirm/vacate awards in court.

If a dispute proceeds in court, it shall be in the state or federal courts located in Hardin, Texas, and the Parties consent to jurisdiction and venue there. CISG and UCITA do not apply.

Any dispute must be commenced within one (1) year after the cause of action arose. If a portion of this provision is unenforceable, that portion will be litigated in a court of competent jurisdiction as above.

Restrictions

Arbitration shall be limited to the dispute between the Parties. No class actions or representative actions.

Exceptions

Disputes concerning intellectual property rights, allegations of theft/privacy invasion/unauthorized use, and claims for injunctive relief are excluded from informal negotiations/arbitration.

21. CORRECTIONS

We may correct errors, inaccuracies, or omissions (including pricing/availability) and update information on the Services at any time without prior notice.

22. DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION.

23. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT/REVENUE/DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE ONE (1) MONTH PRIOR TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; SOME DISCLAIMERS MAY NOT APPLY TO YOU.

24. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless (including affiliates and their officers, agents, partners, and employees) from claims, losses, and expenses (including reasonable attorneys’ fees) arising from: (1) your use of the Services; (2) breach of these Legal Terms; (3) breach of your representations/warranties; (4) violation of third-party rights; or (5) harmful acts toward other users. We may assume exclusive defense/control; you will cooperate at your expense.

25. USER DATA

We may maintain data transmitted to the Services for performance and operations. Although we perform routine backups, you are solely responsible for your data. We are not liable for loss or corruption of data and you waive any related claims.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, emailing us, and completing forms are electronic communications. You consent to receive them and agree electronic agreements/records satisfy legal writing requirements. YOU AGREE TO ELECTRONIC SIGNATURES/CONTRACTS/ORDERS/RECORDS AND ELECTRONIC DELIVERY OF NOTICES/POLICIES/TRANSACTION RECORDS. You waive rights requiring non-electronic records or non-electronic payments.

27. SMS TEXT MESSAGING

Program Description

By opting into any MeghaMart text messaging program, you consent to receive SMS to your mobile number, including account alerts, reminders, marketing communications, order updates, responses to inquiries, and special offers.

Opting Out

Reply “STOP” to any message to opt out. You may receive a confirmation SMS.

Message and Data Rates

Message and data rates may apply per your carrier/plan.

Support

Questions? Email [email protected] or call 1-888-480-6278.

28. CALIFORNIA USERS AND RESIDENTS

If a complaint is not resolved, contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210 or (916) 445-1254.

29. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us constitute the entire agreement. Our failure to enforce any right/provision is not a waiver. We may assign our rights/obligations at any time. We are not responsible for delays/failures beyond our reasonable control. If any provision is unlawful/void/unenforceable, it is severed without affecting the remainder. No joint venture, partnership, employment, or agency relationship is created. These Legal Terms will not be construed against us as drafter. You waive defenses based on electronic form and lack of signatures.

30. CONTACT US

Hi there, have a question? Text us here.