DATE LAST MODIFIED: June 7, 2018
CHANGES TO SERVICES, AGREEMENT AND/OR WEBSITE
MJ’s Lotion may amend any part of this Agreement at any time, and the amended terms will be effective 2 days after initial posting at the Website. In addition, MJ’s Lotion may, without prior notice, add, delete or modify some or all of the Services and/or content available on the Website at any time in its sole discretion. Further, MJ’s Lotion may discontinue disseminating any portion of information or category of information and/or may change or eliminate any transmission method. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND WEBSITE. YOUR CONTINUED USE OF THE SERVICES OR WEBSITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT OR ANY UPDATED VERSION OF THIS AGREEMENT, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES AND/OR MODIFICATIONS. You should review this Agreement periodically to ensure you become aware of changes which are made to this Agreement by MJ’s Lotion from time to time.
SERVICES; PARTIES; FEES
The Services are described within various pages of the Website and in certain printed materials. You should review these pages and materials to gain a better understanding of the Services and the goals behind the Website. At a general level, the Website (i) serves a website where you can purchase certain materials, machines, components, kits and/or other products (each listed material being referred to herein as a “Listing”) from manufacturers and/or distributors of such items, and (ii) serves as an information portal where companies and/or individuals can post information regarding materials and products created and/or owned by such companies (each such post being referred to herein as a “Posting”).
MJ’s Lotion does not charge you a fee to review Postings or Listings at the Website or to submit inquiries to or through the Website, provided, however, that MJ’s Lotion may, at its discretion, elect to begin charging a fee for access to certain portions of the Services or Website. MJ’s Lotion expressly reserves the right to discontinue, suspend or terminate the ordering of the Services at any time. Unless expressly stated in writing, nothing contained herein shall constitute an oer or promise for any type of commitment.
MJ’S LOTION’S ROLE
You acknowledge that MJ’s Lotion is not, unless expressly otherwise set forth within the Website, a manufacturer of any item subject to a Listing. Your communications with manufacturers and/or distributors are solely your responsibility, and any issue which may arise between you and a manufacturer or distributor, whether such issue involves a Listing or any other matter, is to be resolved between you and such manufacturer or distributor without the involvement of MJ’s Lotion. You agree that MJ’s Lotion shall not be liable for any damages or costs of any type arising out of or in any way connected with your purchase and/or use of any material, product, kit, machine, component or product from the Website or otherwise through MJ’s Lotion. As such, you shall not name MJ’s Lotion or any of its officers or equity holders as a party in any litigation or arbitration arising out any communications or transactions with a manufacturer or distributor.
For purposes of clarity, because MJ’s Lotion is not a manufacturer, MJ’s Lotion does not make, and should not be construed as having made, any representation or warranty of any kind concerning any products or components described in any Listing or Posting, including without limitation any representation or warranty regarding the quality, safety or legality of such materials or products, or the truth or accuracy of any descriptions associated with any Listing or Posting. Additionally, MJ’s Lotion makes no representation or warranty of any kind as to the willingness or ability of either a buyer, manufacturer or distributor to complete a sale or any other transaction.
TERMS OF SALE
In the event you purchase any products, kits, machines, components or materials at the Website (each, an “Item”), these Terms of Sale (together with the remainder of this Agreement) shall be binding on you.
The preprinted terms of any documents, such as purchase orders, that you may submit to us in conjunction with an order for products or materials will not alter, change or add to these Terms of Sale, regardless of how we acknowledge or accept your order and regardless of the fact that such preprinted terms may contain language stipulating that they supersede these Terms of Sale or this Agreement. All orders are deemed to have been placed and accepted in Steamboat Springs, Colorado. All orders are subject to acceptance by us, and once accepted, an order cannot be cancelled, modified or rescheduled by you without our consent. We reserve the right to reject or cancel any order, or to limit the size of any order, at any time in our sole discretion.
Availability of Items described within any Listing are subject to change without notice. If an Item is not in stock when you place your order, we will do our best to advise you when the Item will be available. MJ’s Lotion shall not be liable for any claims or damages arising in connection with one or more Items which are out of stock or otherwise unavailable. MJ’s Lotion reserves the right to discontinue the sale of any Item at any time without notice to you or any other third party.
Prices for any Items included within a Listing shall be as set forth at the Website from time to time. We reserve the right to increase the price for any Item without notice to you (provided, that we will not increase prices for Items which have been previously ordered by you in accordance with this Agreement but not yet shipped). We are not responsible for any errors on the Website. In the event an Item is listed at an incorrect price due to typographical, photographic or technical error or error in pricing information received from our suppliers, distributors or manufacturers, we reserve the right to refuse or cancel any orders placed for that Item listed at the incorrect price.
Taxes; Customs; Duties
All prices are net of any sales, use, excise, value added and similar taxes imposed by any governmental authority regardless of how denominated; and any international shipping charges, broker’s fees, consular fees and customs duties, which shall all be your sole responsibility. You shall pay all such taxes or charges or provide us with a tax or levy exemption certificate acceptable to the applicable taxing or levying authority. In the event (i) we are required to pay any taxes or other charges for which you are responsible, you shall promptly repay these amounts to us immediately upon receipt of our invoice, or (ii) we ship any Item(s) internationally which have been pre-paid, we have the right to cause such Item(s) to be returned or otherwise disposed of in the event you fail to pay any customs or duties required to be paid in accordance with the agreed-upon shipment terms.
We accept payment by VISA, MasterCard, Discover, American Express and JCB. Your credit card will be charged at the time any order is placed. You agree not to withhold from or ofiset against any amount owing to us for any reason. You also agree to address any and all product and transaction claims solely with us and not to initiate, under any set of circumstances, charge refusals or charge-backs with credit card issuers, and you agree to indemnify us for any expenses or damages we may sufier on account the initiation by you of any such charge refusal or charge- back. You shall, as is the case with other disputes arising hereunder, be entitled to resolve any and all such disputes pursuant to the dispute resolution Section set forth below. In addition to our other rights, we reserve the right to cancel or suspend delivery of all or part of an order if you are delinquent in any payments owing to us. We shall retain a purchase money security interest in any products delivered to you until we have received payment in full. You agree to pay, in connection with any past due balance, (i) a late payment charge of 11⁄2 percent per month, but not in excess of the lawful maximum, and (ii) all costs incurred by us in collecting such past due balance, including, without limitation, court and arbitration costs and attorney’s fees.
All products are shipped FOB our shipping point. You will be responsible for any loss or damage to a product once we give it to the common carrier for delivery to you. Unless you request a specific means of delivery which we are able to accommodate, we will select the common carrier. You are responsible for all transportation and related shipping costs (including any duties charged in connection with international shipments), the charges for which will be provided on the Website at the time of purchase or otherwise communicated to you. Shipping dates are approximate. It is your responsibility to provide accurate contact information that allows the shipper to contact you when shipment is made. Additional storage and/or shipping charges and other warehouse charges may apply if we or the shipper is unable to contact you, or if you are not available to receive the shipped Items, or if Items are redirected at your request. If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information, we shall have the right to refuse, adjust or cancel the applicable order whether or not the order has been confirmed or whether or not payment has been remitted. We shall make every reasonable efiort to meet your specified delivery date, but in no case shall we be liable to you if we are unable to meet such date. We may make deliveries in installments. Any delay in any one installment will not give you the right to cancel that or any other installment. You must submit any claim for shortages to us within thirty (30) days of the arrival of the products at your facility.
You must first receive a Return Material Authorization (“RMA”) from us before completing an Item return, regardless of the reason for the return. This applies to all Item returns permitted under these Terms of Sale. For Items such as kits or machines, we do not accept returns once you have begun constructing the kit or otherwise begun to use the machine. We are not obligated to accept any return without a proper RMA. Unauthorized returns will be reshipped to you at your expense. We also reserve the right to impose reasonable handling charges in the event we either accept or reject an unauthorized return, as well as re-stocking fees as posted at the Site or otherwise charged from time to time.
It is your responsibility to inspect all Items purchased from us and to notify us immediately if you believe you should not accept any of them. You must promptly tell us specifically why you are rejecting the Items and why you believe they are non-conforming. We will only accept properly rejected products within thirty (30) days of their shipment to you. At our discretion, we will either exchange or repair the non-conforming Items. Returned Items must be in their original shipping cartons, complete with all parts and packing materials and packed in the same manner in which such Items were shipped, and shall be returned to our designated return location freight prepaid. The original manufacturer’s warranty will define your rights with respect to any Items found to be defective beyond this thirty (30) day period. We shall have sole discretion in determining whether or not to accept a return.
We agree to transfer to you, to the extent we are permitted to do so, any warranties that we have received from our suppliers or manufacturers with respect to the Items sold through the Website. In that case we will have no product warranty obligations to you. As an accommodation to you, we will, in certain cases and at our sole discretion, provide reasonable assistance in the processing of Item returns for which we have no warranty obligations hereunder. Where an Item is warranted, but we are not permitted to transfer the warranty to you, we will warrant that upon delivery to you (and at no other time), the Items purchased will substantially conform to the applicable manufacturer’s specifications for such Items under the same terms as warranted by the manufacturer to us. Except for this limited warranty which we make solely to you and to the extent permitted by law, WE MAKE NO WARRANTIES, GUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING ANY ITEM SOLD THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR RESPECTING NON-INFRINGEMENT, OR AS TO THE RESULTS THAT YOU MAY ACHIEVE ON ACCOUNT OF ANY ITEM YOU MAY PURCHASE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF ITEMS PURCHASED FROM MJ’s Lotion COMPLIES WITH LOCAL JURISDICTION CODES AND ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. Our warranty obligations with respect to Items and your exclusive rights under our warranty are limited, at our option, to repair or replace the Items as set forth above, or to refund the purchase price paid by you for the affected Items.
Reselling by You
You shall purchase Items through the Website solely for your own use. You agree to indemnify and hold us harmless from any claims asserted by a third party, regardless of the theory under which such claim is asserted, arising out of the resale or distribution of any Items by you. Also, you are not authorized to use any of our trademarks or trade names or those of our manufacturers, distributors or suppliers without our or their written consents, as the case may be.
Unauthorized Use of Items
Many of the Items listed at the Website, if not used correctly, can cause fires, injury or even death. While we may, from time to time, ofier tutorials or guides within various portions of the Website, you are ultimately responsible for ensuring that you are using all Items purchased from us in a safe and appropriate manner. MJ’s Lotion shall not be liable for any claims, damages or injuries caused by your negligence, the negligence of any of your customers, the misuse of any of the Items included within any Listing by you or any third party to which you provide access to any Item, or any other damages or injuries arising out of your use of any of such Item.
Further to the foregoing, you agree and acknowledge that: (i) operation of any Item which is a machine and/or the construction of any Item that is a kit and/or the use of various other Items is inherently dangerous, and as such, injuries or death may occur in connection with such activities; (ii) you, and those that make use or otherwise work with any Item, are solely responsible for all damages, expenses, liabilities, accidents, injuries or deaths arising out of or relating to such use; (iii) you solely responsible for monitoring usage of any Item and ensuring that all third parties that work with or make any use of a given Item have the skills and training necessary regarding same; and (iv) you are solely responsible for ensuring that use of any Item is at all times carried out in accordance with applicable laws and regulations.
You hereby release, discharge and agree to defend, indemnify and hold harmless MJ’s Lotion, its owners, oficers, directors and agents (collectively, “Released Parties”) from and against any liabilities, claims, damages, injuries, expenses or deaths (including, without limitation, attorneys’ fees) caused by or resulting, in whole or in part, from the construction, operation and/or any use of any Item or any of its parts, and in connection therewith, you agree not to initiate any litigation or other claim against any of the Released Parties in connection with any of the foregoing.
Additionally, specific use restrictions apply to the following products sold on MJ’s Lotion:
DEFLEXION – You agree to not use DEFLEXION in a finished medical device or pharmaceutical applications. You agree not in any form to export, re-export, resell, ship or divert or cause to be exported, re-exported, resold, shipped or diverted, directly or indirectly, any DEFLEXION sample or technical data furnished hereunder to any country, end-use or end-user that requires an export license or other approval without first obtaining such license or approval. The end-users and end-uses that may require an export license or other approval include, without limitation, (i) any person, entity, organization or other party identified on an applicable government restricted party list, including for example the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons List or the Department of State’s Debarred Parties List, and (ii) any end-use involving nuclear applications, chemical/biological weapons or missile, rocket systems or unmanned air vehicle applications.
You agree to abide by the regulations of U.S. Department of Treasury, Ofice of Foreign Assets Control, which administers U.S. trade sanctions and embargoes. As of the date of this Agreement, OFAC regulations currently include, without limitation, Iran, Cuba, Syria and Sudan. As of the date of this Agreement, similar restrictions apply to North Korea under the U.S. Export Administration Regulations. OFAC sanctioned and embargoed countries and related regulations are currently listed at https://www.treasury.gov/resource-center/sanctions/Pages/default.aspx.
Limitation of Liability
NEITHER OF US, IN CONNECTION WITH ANY SALE OF ITEMS INCLUDED WITHIN ANY LISTING, SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, PROCUREMENT COSTS, OR BUSINESS INTERRUPTION COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF (X) THE PURCHASE PRICE OF THE ITEMS GIVING RISE TO THE APPLICABLE CLAIM REGARDLESS OF THE THEORY UNDER WHICH SUCH CLAIM IS ASSERTED, OR (Y) FOR ALL OTHER TYPES OF CLAIMS, THE AGGREGATE AMOUNT PAID BY YOU TO MJ’s Lotion DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM.
The collective limitations on our liability under these Terms of Sale apply also to our suppliers who are intended beneficiaries of these limitations.
You agree not to export or re-export any Item or technical data except in full compliance with the export control laws and regulations of the United States government, its departments and agencies, or import or re-export any product or technical data except in full compliance of the laws of the jurisdiction into which, or from which, such product or technical data is being imported or re-exported.
Except for payment obligations, neither of us shall be liable for any failure to perform in connection with any sale of an Item due to causes beyond our reasonable control, respectively, including but not limited to acts of God or nature, war, fire, bad weather, flood, accident, labor trouble or shortage, civil disturbance, plant shutdown, equipment failure, voluntary or involuntary compliance with any applicable governmental regulation or order, or shortage or inability to obtain (on terms deemed practicable by the party affected) any raw materials (including energy), equipment or transportation. In cases of material shortages we reserve the right to allocate the delivery of affected materials as we see fit. The time for performance shall be extended by the period of the applicable force majeure event.
You hereby recognize MJ’s Lotion’s intellectual property rights in its name, the Website and all other intellectual property owned by MJ’s Lotion, and nothing herein shall be deemed to assign ownership of any such intellectual property to you. You afirm that you are obtaining the Items sold through the Website for use as intended. You will not reverse-engineer or use any Item to develop similar products or materials to those purchased from the Website, nor will you knowingly or willingly permit your customers, employees, contractors or afiliates to do the same. For purposes of these Terms of Sale, “reverse engineering” includes, but is not limited to, disassembly of a product or material, or utilization of our specifications and/or literature for the purposes of developing one or more similar or derivative products or services that can be reasonably regarded as competitive with our ofierings.
Neither of us shall be deemed to be the agent or legal representative of the other for any purpose whatsoever. We are independent contractors and neither of us shall represent or hold ourselves out in any other capacity.
You may not assign these Terms of Sale, by operation of law or otherwise, without our prior written consent. Any assignment attempted in violation of this provision shall be void and of no legal efiect.
Nothing herein shall be deemed to limit or restrict our ability to sell products, materials or services to, or otherwise work, with any other company, business or individual, including, without limitation, your direct competitors.
By submitting a question on any page within the Website, posting a Listing or Posting and/or making any submission to the Website, you hereby understand and agree that you have established a business relationship between you and MJ’s Lotion, which is the owner of the Website. As such, you agree that MJ’s Lotion may contact you using contact and/or other information you provided with information, surveys and offers of services available through MJ’s Lotion, the Website or any other website owned or operated by MJ’s Lotion or an affiliate of MJ’s Lotion from time to time. You hereby consent to any such communication, phone calls or e-mails even if your phone number is on any Do Not Call list or if your e-mail is on any other restricted access list. In the event you wish to opt out of receiving any such communications from MJ’s Lotion, please send an e-mail to firstname.lastname@example.org to be removed from this list.
MJ’s Lotion hereby grants you a non-exclusive, nontransferable, revocable limited license to access and use the Website and its contents, strictly in accordance with this Agreement and solely for the permitted uses described in this Agreement. This license and authorization is not a transfer of title in any content posted at the Website and is subject to strict compliance with the rules and other terms of this Agreement.
WEBSITE ACCESS AND LISTING RULES
In return for the license and authorization MJ’s Lotion grants you in this Agreement to use the Website, you agree to abide by all the terms of this Agreement and any additional restrictions displayed on the Website, as and when they are updated from time to time, including, without limitation, the rules in this Section. This Section includes certain activities that are expressly not permitted on this Website. Inclusion of these prohibited uses is not intended and should not be construed to modify any description of permitted uses in this or any other Section of this Agreement and you may not construe the fact that a particular activity is not described as a prohibited use in this Section as an indication of permission to engage in that activity if it is not consistent with the permitted uses. MJ’s Lotion reserves the right to remove any Listing or Posting, block the sending of any inquiry or other content it deems inappropriate in its sole discretion, and may terminate your or any other user’s access to the Website at any time in its sole discretion for any or no reason. While MJ’s Lotion reserves the right to monitor all Listings and Postings, and/or content posted at the Website, it has no obligation to do so.
Permitted Uses. You may use the Website only in good faith for your own use for the purposes described herein. You may download and print out portions of the content from the Website for non-commercial purposes provided that you follow the rules in this Agreement.
Distribution. Except as expressly permitted under other provisions of this Agreement, you may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Website, the content or any information or materials retrieved from either of them, including, without limitation, graphics and logos, in whole or in part, for any purpose without MJ’s Lotion’s express prior written consent and approval (which consent may be withheld at MJ’s Lotion’s sole discretion).
Website Functionality. You may not remove, disable, defeat, or change any functionality or the appearance of the Website or any of the content included on the Website.
Interference. You may not interrupt or attempt to interrupt or otherwise interfere with the operation of the Website in any way.
Derivative Works. You may not create compilations or derivative works of the Website, the Website content or any other materials from the Website.
Transfer. You may not transfer the Website content to any other person unless you have received all consents necessary from MJ’s Lotion (which consents may be withheld at MJ’s Lotion’s sole discretion) and, in addition, you give such other person notice of and they agree to accept the obligations arising under this Agreement.
Infringement. You may not use the Website, the Website content, or any other materials from the Website in any manner that may infringe upon any copyright or other intellectual property right, proprietary right, or property right of MJ’s Lotion or any third party. For purposes of clarity, you may not post any Item or sell any Item to which you do not have the full and unfettered right to sell without the consent of any third party (except to the extent you have all necessary rights from such third party).
Software. You may not (i) decompile, disassemble, or reverse engineer any of the Website’s software, (ii) use any network monitoring or discovery software to determine its architecture, or (iii) use any robot, spider or other automatic device or manual process to monitor materials available on the Website.
Information Distribution. You may not use the Website or any communications service, chat room, message board, blog, forum, newsgroup, software library, or other interactive service that may be available to you on or through the Website to transmit, upload, post, distribute or facilitate distribution of, or otherwise make available any information or content, including text, communications, software, images, sounds, data or other information, that:
contains explicit or graphic descriptions or accounts of sexual acts, including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals;
you are restricted from using under contractual restrictions or fiduciary obligations, including, without limitation, inside information and proprietary and confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreements;
you are restricted from using under any law;
infringes upon the intellectual property rights of any third party; or
contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functions of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any other party.
Other Prohibited Uses. You may not use the Website for any purpose that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or otherwise violates MJ’s Lotion’s rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other classification protected by law;
invades any person’s or entity’s privacy or other rights;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
misidentifies yourself or impersonates any person or entity, including, without limitation, any employee or representative of MJ’s Lotion, or falsely states, implies, or otherwise misrepresents your affiliation with a person or entity by, for example, pretending to be someone other than yourself or pretending to represent a company or organization that you are not affiliated with or authorized to represent; or
could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.
Others’ Personal Information. You may not use any automatic or manual process to harvest, collect or store information about other users of the Website or its services or use any such information for any purpose whatsoever without MJ’s Lotion’s express prior written consent and approval (which consent may be withheld at MJ’s Lotion’s sole discretion). In any event, you may not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent.
Harm to Minors. You may not take any action on the Website or use the Website content to harm minors in any way.
Data Collection. You may not access the Website for data mining or extract any content from the Website for any purpose other than your personal use as described in this Agreement.
Commercial Database. You may not use any portion of the Website or any of the Website content as a component of or to develop, in any media, an information storage and retrieval system, database, infobase, or similar information resource that is offered for commercial distribution of any kind, including, without limitation, through sale, license, lease, rental, subscription, or any other distribution mechanism.
Sharing. You may not make any portion of the Website, including, without limitation, the Website content, available through any timesharing system, service bureau, the Internet, or any other technology, without MJ’s Lotion’s express written consent and approval (which consent may be withheld at MJ’s Lotion’s sole discretion).
Identifiers. You may not forge headers or otherwise manipulate identifiers on the Website in order to disguise the origin of any Website content transmitted through the Website.
Securities Laws. You may not intentionally or unintentionally violate any applicable local, state, national or international law relating to securities and other aspects of business ownership, including, without limitation: (i) regulations promulgated by the U.S. Securities and Exchange Commission, (ii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, and the NASDAQ, and (iii) any other similar regulations that have the force of law.
Solicitation. You may not use the Website or any Website content to solicit business or to advertise any product or service, or in a manner that violates any state or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations.
Export. You may not export or re-export the Website, any of the Website content, or any software available on or through the Website in violation of the export control laws and regulations of the United States.
Certain portions of the Website may be limited or restricted to registered members or may otherwise require that you provide certain information. By using any such service or portion of the Website, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain and promptly update the accuracy of the information; (c) the person submitting information to MJ’s Lotion is 18 years of age or older; and (d) your use of such services does not violate any applicable law or regulation. You may not share your passwords with any third party or otherwise provide access through your account to any restricted area of the Website. MJ’s Lotion shall have the right to terminate or limit your access to any restricted area in its sole and absolute discretion at any time and for any reason. You agree to notify MJ’s Lotion immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You are solely responsible for your interactions with other companies and/or individuals through the Website or in connection with the Website.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Website are: Copyright © 2018 MJ’s Lotion, Inc. All rights reserved. “MJ’s Lotion” is a service mark of MJ’s Lotion. Other product, material and/or company names mentioned herein or within the Website may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of MJ’s Lotion (which consent may be withheld at MJ’s Lotion’s sole discretion) or the applicable copyright holder (which consent may be withheld at the sole discretion of such holder), modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Website or otherwise owned by MJ’s Lotion or any of its licensors. This Agreement shall not be deemed to transfer from MJ’s Lotion to you (i) any of MJ’s Lotion’s or its licensors’ intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by MJ’s Lotion, or (ii) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement.
In exchange for your use of the Website, you hereby grant to MJ’s Lotion an unlimited, irrevocable, fully-paid, transferable, non-exclusive worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform and display any content, photographs or other materials you post to the Website or any forum contained in the Website, alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. You may remove your content from the Website at any time. If you choose to remove such content, the license granted above (a) will automatically continue with respect to any content used by MJ’s Lotion as permitted above, and (b) will expire with respect to any such content not used by MJ’s Lotion; however, you acknowledge that MJ’s Lotion may retain archived copies of your content. MJ’s Lotion does not assert any ownership over your content, any Listing or any Posting; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated therewith subject to the license granted herein.
DISCLAIMERS AND LIMITATIONS
MJ’s Lotion intends that the information contained in the Website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein or on the Website may be made by MJ’s Lotion at any time. THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS, WHERE IS AND AS AVAILABLE.” MJ’S LOTION AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS, MATERIALS AND SERVICES PROVIDED WITHIN OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, OR (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE, THE SUBMISSION OF ANY INQUIRY OR ANY OTHER USE OF MJ’S LOTION’S SERVICES. USE OF THE WEBSITE AND/OR MJ’S LOTION’s SERVICES IS AT YOUR OWN RISK. MJ’S LOTION IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE AND/OR MJ’S LOTION’s SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MJ’S LOTION HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In all events, the aggregate liability of MJ’s Lotion, its owners and agents for any reason and upon any cause of action, whether in contract, tort or otherwise, shall not exceed the amount of fees paid by you to MJ’s Lotion during the 3-month period immediately preceding the date on which the applicable claim arose. If you are a resident of the state of Colorado or otherwise subject to the laws of the state of Colorado, to the extent the above exclusion of implied warranties or limitation of liability is not allowed or permissible under any Colorado law or statute, such exclusion and/or limitation, as applicable, shall not apply to you.
UNAVAILABILITY OF SERVICE OR WEBSITE
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website and/or the Services. While it is MJ’s Lotion’s objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website may operate slowly from time to time, including without limitation access to Listings or Postings. You understand and acknowledge that due to circumstances both within and outside of the control of MJ’s Lotion, access to the Website and/or Services may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, MJ’s Lotion shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. YOU AGREE THAT MJ’S LOTION SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND/OR SERVICE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE AND/OR SERVICE.
RELEASE AND INDEMNITY
Release. Without limiting the generality of the disclaimers set forth in this Agreement, you hereby waive and release MJ’s Lotion, MJ’s Lotion’s licensors, subsidiaries, and affiliates and each of their respective past and present equity owners, directors, managers, members, shareholders, officers, employees, agents, contractors and representatives, successors and assigns (collectively, “MJ’s Lotion Releasees” and individually a “MJ’s Lotion Releasee”) from any damages and claims of any sort, whether direct or otherwise, that arise out of or result from your use of the Website, the Website content and any Services offered through the Website, including, without limitation, any dealings or transactions between you and third parties (i) from whom or which you obtain any information, goods, Items or services through the Website, or (ii) to whom or which you sell Items or materials on account of communications initiated through the Website.
Indemnity. You will indemnify and hold harmless the MJ’s Lotion Releasees against any claim or demand made by any third party and any damages, costs, liabilities and expenses, including, without limitation, attorneys’ fees, any indemnified party incurs as a result of such a claim or demand arising out of (a) any content you submit or post to or transmit through the Website, (b) your use of or connection to the Website, the Website content or the Services offered through the Website, (c) your violation of this Agreement or your violation of any rights of another person, (d) any activity carried out by another person using your account or password with your knowledge or (e) any product liability or other liability associated with any product, Item or material you purchase from a manufacturer or distributor. You shall, upon the request of MJ’s Lotion or its insurer, take over the defense of any claim against any MJ’s Lotion Releasee without cost or expense to any MJ’s Lotion Releasee, it being understood, however, that each MJ’s Lotion Releasee may retain its own counsel and participate in any such claim for the further protection of its/his/her interests.
THIRD PARTY CONTENT
a. General. The Website and the Website content may contain or provide access to content provided by third parties, including, without limitation, information, blog posts, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Website (“Third Party Content”) that may include content you find to be offensive, indecent or objectionable. The third party from whom Third Party Content originates is solely responsible for it and MJ’s Lotion assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, MJ’s Lotion has no liability of any kind to you or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation, and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless MJ’s Lotion expressly states in writing to the contrary, MJ’s Lotion neither endorses nor adopts as its belief any such statements. MJ’s Lotion provides information in articles MJ’s Lotion posts or links to through the Website only for educational and general informational purposes and not as professional advice. MJ’s Lotion has made no attempt to verify any information contained in such articles.
b. Advertisers. The Website may include advertisements or offers for access to information, goods and services provided by third parties. Your correspondence or business dealings with or participation in promotions of advertisers on or through the Website, including, without limitation, payment for and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. MJ’s Lotion makes no representations about and disclaims any and all liability to any person for any such information, goods and services. MJ’s Lotion does not (i) endorse any advertiser, (ii) provide advice on which advertiser to select, (iii) guarantee any advertiser’s information, goods or services, or (iv) act as your general contractor, agent or adviser.
c. Links. As a convenience to you, the Website may contain links to websites that are owned and operated by third parties that are not affiliated with MJ’s Lotion. When you use these links, you will leave the Website and MJ’s Lotion will have no ability to protect your interests. You visit linked websites at your own risk and it is your responsibility to take any protective measures to guard yourself and your computer against viruses and other destructive elements. MJ’s Lotion is not responsible for and, unless it expressly states otherwise in writing, makes no warranty or representation regarding and does not endorse any linked website or any service, product or information provided on or through the linked website. Inclusion of hyperlinks to linked websites on the Website does not imply (i) that MJ’s Lotion sponsors, endorses, or is affiliated or associated with the linked website, (ii) that MJ’s Lotion is legally authorized to use any trademark, trade name, logo, service mark, copyright symbol, legal or official seal, or other proprietary designation or symbol displayed in or accessible through the links, or (iii) that the operator of any linked website is authorized to use any trademark, trade name, logo, copyright symbol, or other proprietary designation in which MJ’s Lotion or any of its affiliates has any ownership or licensee interest.
ERRORS AND DELAYS
Neither MJ’s Lotion, any supplier or licensor or any owner or agent of any such person or entity is responsible for any errors or delays in responding to an inquiry, question or submission, including, without limitation, those caused by (i) an incorrect e-mail address or telephone number provided by you, (ii) the failure of any individual to timely respond to a question or submission, or (iii) technical problems.
Any claim or controversy arising out of or relating to the use of the Website, to the goods, programs or services provided by MJ’s Lotion, to any Items purchased through the Website or to any acts or omissions for which you may contend MJ’s Lotion is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of JAMS in force at that time. The arbitration shall be venued in Routt County, Colorado. The arbitrator shall be selected pursuant to the JAMS rules. Should no JAMS rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to MJ’s Lotion. The direct costs of arbitration payable to the arbitration service shall be paid by MJ’s Lotion (which excludes, for purposes of clarity, your attorneys’ fees and your other expenses associated with the arbitration).
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Routt County, Colorado. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages, as limited, however, by the Disclaimers and Limitations Section of this Agreement, and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND MJ’S LOTION WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable and are subject to very limited review by a court. By using the Services or accessing the Website, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and MJ’s Lotion, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Routt County, Colorado. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees from the non-prevailing party.
If you are a resident of the state of Colorado or otherwise subject to the laws of the state of Colorado, any limitation of liability, mandatory arbitration, provision which would require one party to pay another party’s attorneys’ fees or legal costs, exclusion of warranties or disclaimers or other provision that is not allowed or permissible under any such law or regulation shall not apply to you. For all other individuals, any limitation of liability, mandatory arbitration, provision which would require one party to pay another party’s attorneys’ fees or legal costs, exclusion of warranties or disclaimers or other provision that is not allowed or permissible under your state laws or regulations shall not apply to you.
This Agreement, together with any other policies or agreements posted at the Website from time to time, constitutes the entire agreement between you and MJ’s Lotion and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and MJ’s Lotion with respect to the Website and information, software, products, materials, programs and Services associated with it. MJ’s Lotion and you are intended to be independent contractors, and nothing in this Agreement shall be deemed to establish any relationship of partnership, joint venture, employment, franchise or agency between MJ’s Lotion and you. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
MJ’s Lotion’s contact information, should you need to contact MJ’s Lotion for any reason, is:
MJ’s Lotion PO Box 882593, Steamboat Springs, CO 80488
If you believe that your intellectual property or work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide MJ’s Lotion’s Agent for Notice with the following information in English (Your “Notice”):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
In some circumstances, in order to notify the individual or entity who or which provided the allegedly infringing content to which MJ’s Lotion has disabled access, MJ’s Lotion may forward a copy of a valid Notice including name and email address to such individual or entity. MJ’s Lotion’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: