TERMS AND CONDITIONS
The Terms and Conditions (the “Terms”) herein govern your access to and use of all products, software, services, content, resources, information, materials, features and functionality accessible on or through the Mike Salemi LLC website (the “Services”).
Any reference to “you” or “your” in the Terms herein means the person accessing or using the Services, including his or her heirs, assigns or dependents. Any reference to “we” or “the Company” refers to Mike Salemi LLC.
Your access to and/or use of the Services is conditioned on your acceptance of and compliance with these Terms. By creating an account and using the Services, you agree to legally bind yourself to the Terms herein. If you don't have an account, you agree to legally bind yourself to these Terms by visiting or using any aspect of the Services. IF YOU DISAGREE WITH ANY OF THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT OR USE THE SERVICES.
Your Account and Protecting Account Security
You are completely responsible for ensuring the security of your account and keeping your password safe. Be advised that you can’t share your login details with any other person. We shall not be held liable for any form of damage or loss caused by your failure to keep the confidentiality of your account credentials.
As a User of the Services, you may get notifications, text messages, or emails. You agree to the receipt of such communications. You can control receipt of non-service communications from your account settings.
You are completely responsible for any activity occurring under your username and under your account. You are required to use the Services for only lawful purposes. You may not use the Services:
In any manner that constitutes a breach of any applicable local, national, or international laws, rules or regulations.
In any manner that is deemed fraudulent or unlawful, or has any fraudulent or unlawful effect or purpose.
For harming or trying to harm any individual in any manner.
To transmit, or acquire the sending of, any unauthorized or unsolicited promotional or advertising material or any other type of related solicitation (spam), either to us or to any person whose details are posted on the Services.
To transmit knowingly any data, send or upload any material that has viruses, worms, Trojan horses, keystroke loggers, time-bombs, adware, spyware, or any other harmful programs or related computer code made to adversely affect the running of any computer software or hardware.
Also, you agree:
• Not to duplicate, reproduce, copy, sell or re-sell any aspect of the Services.
• Not to access without any permission from us, interfere with, disrupt or damage:
any part of our Services;
any software used to provide and run the Services;
any equipment and/or network on which the Services are stored and secured; or
any equipment, network and/or software owned or used by any third party of the Services.
If we believe, based on sole discretion, that you have violated any aspect of the terms herein, we have the rights to revoke your access to membership site, suspend your use of the Services or terminate your account.
The prices to be paid by you for all products and services purchased through the Services shall be our standard prices in effect on the date of receipt of a buyer’s order. We reserve the right to modify our standard prices and to publish a new price list at any time, with no prior notice to you. Should any new price lead to an increase in the price of any product or services, the increased price shall be applicable to any order placed after the effective date of the new price. For orders that have been placed for delivery more than ninety (90) days into the future, we retain the right to review and amend the agreed upon pricing within thirty (30) days of fulfilling the order. In such a case, you have the option of canceling the order with no form of penalty, if the cancellation request is sent within ten (10) days of the notification of the price increase.
Mike Salemi LLC ship ordered products using trusted shipping services such as FedEx and UPS. It usually takes 5 to 8 business days for products to be delivered to customers. However, if a customer requires air shipment, then the delivery will likely take 1-3 work days.
Risk of loss with respect to the Company’s products shall pass to a buyer at the time of delivery of the products to a specific carrier for shipment. The buyer takes on all risk involved in the transportation and handling of the products.
It is advised that you inspect any products before accepting delivery. Acceptance of delivery constitutes acceptance of the products. The buyer must file a claim for any form of damages directly with the carrier if any damage or loss occurs during transportation.
Although certain products may have warranties, in the event of mishandling or misuse, such warranties are NOT VALID. Only defects regarding materials and manufacturing are covered by the warranty.
Any shipping fees of products returned to Mike Salemi LLC are the sole responsibility of the customer. Mike Salemi LLC will only pay for the return of products to the customer if such products are deemed defective and warrantied.
To consider any claim regarding the warranty, Mike Salemi LLC will require the customer’s written statement of claim, alongside a copy of the original invoice, as well as supporting photographs.
In the event that a customer purchases a product that he/she doesn't like, he/she may return such a product for a full refund provided that the product is not in any way damaged. In such an event, all costs of shipping will be covered by the customer.
PLEASE NOTE THAT for all US customers, it is expected that any return should be made within 15 days from the original shipment. However, it is 30 days for all international customers.
All returns can only be made based on a written permission from Mile Salemi LLC. Any products returned without a written permission will be shipped back to customer COD (cash on delivery).
The Company’s Rights:
We have the right to carry out any action we deem necessary, based on sole discretion, to implement the rights and obligations conceived by these Terms and to inhibit violation of these Terms. Therefore, our rights include, but with no limitation to, the following:
Although we cannot monitor all the content on the Services, especially user-generated content, you understand that we retain the right, but under no obligation, to monitor, move, edit, delete, or refuse to post, any content so as to determine and/or ensure compliance with these Terms and any other operating rules that may be created by us from time to time.
We retain the right to force forfeiture of any username that is inactive, breaches trademark, or may mislead other users.
We may, but under no obligation to, eliminate content and accounts containing content that we determine based on our sole discretion are unlawful, threatening, defamatory, libelous, obscene, offensive or otherwise objectionable or infringes on any party’s intellectual property or the Terms herein.
Although the Services are normally available, there may be occasions when the Services will be interrupted for emergency repairs, for scheduled maintenance or upgrades, or owing to a failure of telecommunications links and equipment that are beyond our control. We will not be held liable to you for any suspension, modification, or discontinuation of the Services, or the loss of any content.
The Company’s Ownership of Service and Content:
Except for Your Content, the Services and any underlying technologies are protected by copyright, patent, intellectual property, trademark, and other applicable laws. You may not become engaged in any of the following while accessing and/or using the Services: (1) adopt, copy, use, display, or mirror any tradename, protectable name, logo, trademark, proprietary information, or the design and layout of any page, unless as expressly permitted by the Terms herein; (2) access or tamper with non-public aspects of the Services, our computer systems, or the technical delivery systems of our service providers, including but with no limitation to, use of any data mining, data gathering or extraction technique; (3) test the vulnerability of our system or violate any security or authentication procedures; (4) circumvent, eliminate, modify, degrade, deactivate, or impede any technological measure executed by us or any of our service providers or any other third party to protect the Services; (5) access the Services via the use of any robot, scraper, spider, or any other mechanism other than via the Services or the Company’s API; or (6) alter, disassemble, decompile, reverse engineer, tamper with or otherwise attempt to create the source code of any software that we offer to you or any other aspect of the Services. Additionally, you agree not to post, upload, email or otherwise send any material intended to interrupt, limit, hamper or destroy the functionality of any computer software connected with the Services.
You agree not to archive, copy, reproduce, adapt, alter, publish, create derivative works based upon, license, distribute, offer for sale, sell, re-sell, publicly display, transfer, publicly perform, broadcast or otherwise exploit the Services or any aspect thereof, except as expressly permitted by the Terms herein.
You have rights to any Content that you post to the Services, however, you grant to us a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free license to use, copy, alter, reproduce, publicly display, transmit, publicly perform, distribute and translate such Content, including with no limitation to distributing, using multiple tiers, part or all of such Content in any media or distribution methods via any media channels for any purposes. We may exercise these rights without compensating you. The content that appears in the Services may be viewable by other users of the Services and via third party services and websites.
You are solely responsible for Your Content. You represent that you own Your Content or otherwise have the rights to Your Content and that you have the necessary rights to confer us a license to use Your Content. You also represent that Your Content and the use and provision of Your Content on the Services does not violate in any way any law, rule, regulation or any right of any third-party, including but with no limitation to copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of privacy or publicity. We will not be held liable for any damage or loss resulting from your posting or submission of any unauthorized content in line with the Services.
If you submit comments, feedback, or ideas to us, you agree that we can use them without any form of restriction or compensation to you, or anyone connected to you.
License Grant to Use the Services
Strictly in line with the Terms herein, we grant you a limited, nontransferable and non-exclusive license to use the Services for your personal, non-commercial use.
We retain our entire right, title, and interest in and to the Services, including all trademarks, copyrights, and other intellectual property rights, except as expressly granted to you in the Terms herein.
We may change, restrict access to, discontinue, suspend, or refuse the Services, or any aspect thereof, at any time with no form of notice. In the event that you violate the Terms herein, we reserve the right to deactivate your account or terminate these Terms, based on sole discretion, at any time and without any notice to you. Upon such termination, we may delete Your Content and other information associated with your account. At any time, you may close your account by contacting our Customer Support.
You agree that we have no form of responsibility or liability regarding information that is unavailable to you after your account is terminated, or your use of the Services is otherwise discontinued.
Changes to the Terms
We may change these Terms anytime. By continuing with the use of the Services after we have posted any such changes, you accept the Terms herein as changed.
Disclaimer of Warranties
YOU ACCEPT THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. AS A RESULT OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE VIA THE SERVICES, AS WELL AS THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, DELAYS, INACCURACIES, OMISSIONS, OR OTHER PROBLEMS REGARDING SUCH INFORMATION MAY OCCUR. IF YOU DEPEND ON THE SERVICES OR ANY MATERIAL AVAILABLE VIA THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU UNDERSTAND AND ACCEPT THAT YOU ARE COMPLETELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED VIA THE SERVICES.
WE PROVIDE THE SERVICES “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY FORM OF WARRANTY. TO THE HIGHEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES THAT MAY RESULT FROM THE COURSE OF DEALING, THE COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE OFFER NO FORM OF WARRANTY OR UNDERTAKING, AND MAKES NO FORM OF REPRESENTATION THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, REACH ANY INTENDED RESULTS, BE COMPATIBLE, OR EVEN WORK WITH ANY OTHER SOFTWARE, SYSTEMS, APPLICATIONS, OR SERVICES, OPERATE WITH NO FORM OF INTERRUPTION, REACH ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY DEFECTS OR ERRORS CAN OR WILL BE AMENDED.
SOME JURISDICTIONS DON’T ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A USER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT BE APPLICABLE TO YOU.
Limitation of Liability
TO THE HIGHEST LEVEL PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL US OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY FORM OF LIABILITY ARISING FROM OR REGARDING YOUR USE OF OR INABILITY TO USE THE SERVICES FOR:
PROPERTY DAMAGE, PERSONAL INJURY, COST OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF DATABUSINESS INTERRUPTION, , LOSS OF GOODWILL, COMPUTER MALFUNCTION OR FAILURE, OR ANY OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES.
DIRECT DAMAGES IN AMOUNTS THAT IN AGGREGATE SURPASS THE AMOUNT PAID BY YOU FOR THE SERVICES.
THE FOREGOING LIMITATIONS WILL BE APPLICABLE WHETHER SUCH DAMAGES RESULT FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND NOTWITHSTANDING WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT SOME JURISDICTIONS DON’T PERMIT CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT BE APPLICABLE TO YOU.
You agree to indemnify, defend, and treat harmless us and our officers, employees, directors, agents, successors, assigns and affiliates from and against all damages, losses, liabilities, claims, deficiencies, judgments, actions, settlements, awards, interest, penalties, costs, fines, or expenses of any form, including attorneys’ fees, resulting from or regarding your use or misuse of the Services, or your violation of these Terms, including with no limitation to the content you submit or make available through use of the Services.
In the event that any aspect of these Terms is deemed for any reason to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the enforceability or validity of any other aspect of the Terms herein, which shall still be in full force and effect, and construed as if the invalid or unenforceable aspect was not a part of these Terms.