PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS GOVERN ALL USE OF THE SOI BY MARICEL WEBSITE, INCLUDING THE PURCHASE OF PRODUCTS THROUGH THE SOIBYMARICEL.COM AND POSTING COMMENTS AND REVIEWS ON THE SOIBYMARICEL.COM. BY USING SOIBYMARICEL.COM, YOU AGREE THAT THESE TERMS AND CONDITIONS TOGETHER WITH THE PRICE AND PURCHASE INFORMATION PROVIDED AT THE TIME OF PRODUCT PURCHASE REPRESENT THE ENTIRE AGREEMENT CONCERNING THE USE OF THE SOIBYMARICEL.COM AND THE PURCHASE OF SOI BY MARICEL ‘S PRODUCTS, AND THAT THESE TERMS AND CONDITIONS SUPERSEDE ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING WITH RESPECT TO SOI BY MARICEL ‘S PRODUCTS. NO OTHER COMMUNICATION WILL BE CONSTRUED AS, OR CONSTITUTE, A WAIVER OF THESE TERMS AND CONDITIONS OF USE, OR ACCEPTANCE OF ANY ADDITIONAL TERMS, CONDITIONS OR SPECIFICATIONS, AND SOI BY MARICEL ‘S HEREBY OBJECTS TO ANY SUCH ADDITIONAL OR CONTRARY TERMS, CONDITIONS OR SPECIFICATIONS.
CUSTOMERS. All SOI BY MARICEL Company (SOI BY MARICEL ) customers must be at least 18 years old and legally able to agree to these Terms and Conditions, and must provide and update accurate registration information.
ACCESS. You will choose a username (email address) and password to use in establishing and accessing a SOI BY MARICEL customer account. Your account will allow you to purchase products from SOI BY MARICEL and to post comments and reviews on SOIBYMARICEL.COM. You must not share your username and password with any other party. You assume responsibility for any unauthorized use of your username or password, and you must promptly inform SOI BY MARICEL of any actual or suspected unauthorized use.
SECURITY. You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the SOIBYMARICEL.COM or of the networks connected to SOIBYMARICEL.COM, and to abide by all security policies adopted by SOI BY MARICEL . You acknowledge and agree that, for security purposes, SOI BY MARICEL may monitor your account and your access to and use of SOIBYMARICEL.COM. SOI BY MARICEL may at any time terminate or suspend your access to SOIBYMARICEL.COM as SOI BY MARICEL considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. SOI BY MARICEL may also impose limits on certain features and functions of SOIBYMARICEL.COM, or restrict your access to SOIBYMARICEL.COM without notice or liability.
CUSTOMER CONTENT. You may post comments and reviews on SOIBYMARICEL.COM (Customer Content), subject to the rules established by SOI BY MARICEL , as those rules might change from time to time. You must not post any Customer Content that is offensive, profane, indecent, obscene, threatening, abusive, libelous or illegal. Your Customer Content must not violate, plagiarize or infringe the rights of others, and you will indemnify SOI BY MARICEL and hold SOI BY MARICEL harmless from all losses, claims, damages and expenses arising from your Customer Content.
You grant SOI BY MARICEL a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) modify and create derivative works based upon your Customer Content, and (ii) reproduce, display and distribute your Customer Content, modified versions of your Customer Content and derivative works based upon your Customer Content. SOI BY MARICEL may, but is not obligated to review Customer Content prior to, or at any time after the Customer Content is first displayed by SOI BY MARICEL . SOI BY MARICEL may refuse to display, and may at any time cease the display of any Customer Content. No display of any Customer Content is a waiver of SOI BY MARICEL ‘s right to cease the display of that Customer Content. SOI BY MARICEL ‘s right to review, refuse and cease the display of Customer Content is not an assumption by SOI BY MARICEL of any responsibility for Customer Content.
THIRD PARTY WEBSITES. SOI BY MARICEL might provide links to websites operated by others. If you use those websites, you will leave SOIBYMARICEL.COM. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. SOI BY MARICEL makes no warranty or representation regarding any linked website, the information appearing on those websites or any of the products or services described on those websites. SOI BY MARICEL does not endorse, the information appearing on those websites or any of the products or services described on those websites.
REVIEWS AND COMMENTS. SOIBYMARICEL.COM includes information provided by other SOI BY MARICEL customers, such as comments and product reviews. SOI BY MARICEL is not in any way responsible for such information and does not warrant its accuracy. Your use of that information is at your own risk.
TRANSACTIONAL DATA. “Transactional Data” means all information collected by SOI BY MARICEL , or to which SOI BY MARICEL has access, that relates to the products you purchase and your use of SOIBYMARICEL.COM. You grant SOI BY MARICEL a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) use Transactional Data in any manner for SOI BY MARICEL ‘s internal business purposes, including the provision of products and services to SOI BY MARICEL customers and other third parties, (ii) prepare and distribute reports and analyses of Transactional Data, provided that such reports and analyses do not disclose your identity, and (iii) distribute and disclose Transactional Data that is de-identified and aggregated with other data, and grant third parties rights use and analyze such data for their internal business purposes.
INTELLECTUAL PROPERTY. You acknowledge and agree that all information and content that you access or that is made available to you through SOIBYMARICEL.COM, including, but not limited to, information, text, graphics, trademarks, logotypes, data and data compilations, is the property of SOI BY MARICEL , its customers or its suppliers. United States and international trademark, copyright and other intellectual property right laws protect that information and content.
DISCLAIMER OF WARRANTIES. ALL SOI BY MARICEL ‘S PRODUCTS AND SERVICES THAT ARE PROVIDED THROUGH SOIBYMARICEL.COM ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” SOI BY MARICEL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH SOI BY MARICEL HEREBY EXPRESSLY DISCLAIMS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS ON IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
SOI BY MARICEL DOES NOT GUARANTEE THAT YOUR ACCESS TO SOIBYMARICEL.COM WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH SOIBYMARICEL.COM WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. SOI BY MARICEL WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE.
SOME STATES DO NOT ALLOW THE DISCLAIMERS OF CERTAIN WARRANTIES. THESE DISCLAIMERS MIGHT NOT APPLY TO YOU, AND THESE WARRANTY DISCLAIMERS WILL NOT APPLY
TO YOU TO THE EXTENT PROHIBITED BY ANY FEDERAL, STATE OR LOCAL.
LIMITATION OF LIABILITY. SOI BY MARICEL WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, SOIBYMARICEL.COM OR SOI BY MARICEL PRODUCTS OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SOI BY MARICEL .IN NO EVENT WILL SOI BY MARICEL ‘S LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF SOI BY MARICEL SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED $100.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATION OR EXCLUSION HEREIN MAY NOT APPLY TO YOU.
ASSIGNMENT. SOI BY MARICEL may assign its rights and obligations under these Terms and Conditions without your consent. You may not assign any of your rights and obligations under these Terms and Conditions without the prior written consent of SOI BY MARICEL .
GOVERNING LAW. These Terms and Conditions will be interpreted and construed in accordance with the laws of the State of Minnesota. Any action arising out of, or relating to, this Agreement may be brought in courts situated in Minnesota, and you consent to the jurisdiction of such courts.
GENERAL. If any of these Terms and Conditions conflict with any applicable statute or rule of law, the affected Terms and Conditions will be deemed inoperative. If any part of these Terms and Conditions is held illegal, void or ineffective, the remaining portions will remain in full force and effect. No failure by either party to take any action or assert any right under these Terms and Conditions will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right.
