Terms and Conditions
PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEBSITE. All users of the Jonathan Mezibov website agree that access to
and use of this site are subject to the following terms and conditions
and other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of Jonathan
Mezibov, LLC ("Jonathan Mezibov"). The collective work includes works
that are licensed to Jonathan Mezibov, LLC. Copyright 2011. All Rights
Reserved. Permission is granted to electronically copy and print hard
copy portions of this site for the sole purpose of placing an order with
Jonathan Mezibov or purchasing Jonathan Mezibov products. You may
display and, subject to any expressly stated restrictions or limitations
relating to specific material, download or print portions of the
material from the different areas of the site solely for your own
non-commercial use, or to place an order with Jonathan Mezibov or to
purchase Jonathan Mezibov products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of
the content of this site is strictly prohibited, unless authorized by
Jonathan Mezibov. You further agree not to change or delete any
proprietary notices from materials downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of Jonathan Mezibov used in
the site are trademarks or registered trademarks of Jonathan Mezibov.
Warranty Disclaimer
This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Jonathan Mezibov
disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular
purpose and non-infringement. Jonathan Mezibov does not represent or
warrant that the functions contained in the site will be uninterrupted
or error-free, that the defects will be corrected, or that this site or
the server that makes the site available are free of viruses or other
harmful components. Jonathan Mezibov does not make any warranties or
representations regarding the use of the materials in this site in terms
of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Jonathan Mezibov shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even if
Jonathan Mezibov has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion of liability or
incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Typographical Errors
In
the event that a Jonathan Mezibov product is mistakenly listed at an
incorrect price, Jonathan Mezibov reserves the right to refuse or cancel
any orders placed for product listed at the incorrect price. Jonathan
Mezibov reserves the right to refuse or cancel any such orders whether
or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your
order is canceled, Jonathan Mezibov shall issue a credit to your credit
card account in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Jonathan Mezibov,
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice
Jonathan
Mezibov may deliver notice to you by means of e-mail, a general notice
on the site, or by other reliable method to the address you have
provided to Jonathan Mezibov.
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of Ohio, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale
of goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of Jonathan Mezibov
products) shall be in the state or federal courts located in Hamilton
County, Ohio. Any cause of action or claim you may have with respect to
the site (including but not limited to the purchase of Jonathan Mezibov
products) must be commenced within one (1) year after the claim or cause
of action arises. Jonathan Mezibov's failure to insist upon or enforce
strict performance of any provision of these terms and conditions shall
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any of these terms and conditions. Jonathan Mezibov, may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a Jonathan Mezibov or other licensed employee,
host, or representative, as well as other members or visitors on the
site is prohibited. You may not upload to, distribute, or otherwise
publish through the site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a
criminal offense, violate the rights of any party or which may otherwise
give rise to liability or violate any law. You may not upload
commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other
organization.
Participation Disclaimer
Jonathan Mezibov does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not
in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to
view and distribute user-generated content on the site, Jonathan Mezibov
is merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, Jonathan Mezibov reserves the right to
block or remove communications or materials that it determines to be (a)
abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Jonathan Mezibov in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless Jonathan Mezibov, its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In
an attempt to provide increased value to our visitors, Jonathan Mezibov
may link to sites operated by third parties. However, even if the third
party is affiliated with Jonathan Mezibov, Jonathan Mezibov has no
control over these linked sites, all of which have separate privacy and
data collection practices, independent of Jonathan Mezibov. These linked
sites are only for your convenience and therefore you access them at
your own risk. Nonetheless, Jonathan Mezibov seeks to protect the
integrity of its web site and the links placed upon it and therefore
requests any feedback on not only its own site, but for sites it links
to as well (including if a specific link does not work).
Contact Us
If you have any questions or concerns about our Terms and Conditions,
please call 1.866.829.1375 or
email us at info@jonathanmezibov.com.
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