Copyright © 2004-2013, Meyer Corporation
ALL RIGHTS RESERVED
All of the Sites, and each of its components, are the copyrighted property of Meyer, and its affiliates, various third-party providers and distributors. Portions of the content found on any of the Sites may be owned by such affiliates, third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on any of the Sites may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Meyer and its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on any of the Sites (collectively, the “Trademarks”) are the registered and common-law trademarks of Meyer, its affiliates, and various third parties. Nothing contained on any of the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Meyer or such other party that may own the Trademark.
2. USE OF A SITE.
You may only use any of the Sites to browse the content, make inquiries to Meyer, order Meyer products and not for any other purposes. The Sites and the content provided in any of the Sites may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Meyer, except that you may download, display and print one copy of the materials presented on any of the Sites on a single computer for your personal, non-commercial use only. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of any of the Sites and the materials contained on any of the Sites may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You may share links from the Sites with others or post them on social media sites, however, you are prohibited from posting to or transmitting from any of the Sites any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Meyer provides links from the Sites to other websites for your information and convenience. Meyer does not assume any responsibility or liability with respect to any website linked from any of the Sites (or any website linking to any of the Sites), including its content and operation. Meyer does not review or monitor such links. Except for links available through the “store locator” function, a link from any of the Sites to another website (or a link from another website to any of the Sites) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While any of the Sites may contain “links” to other sites, we are not responsible for the content or the privacy practices employed by other sites. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of any of the Sites, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not use any robot, spider, other automatic device, or manual process to monitor, copy or scrape any of our web pages or the content contained herein, without the prior express written consent from an authorized executive of Meyer (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Sites).
3. AGE AND RESPONSIBILITY.
You represent that you are of sufficient legal age to use any of the Sites and to create binding legal obligations for any liability you may incur because of the use of any of the Sites. You understand that you are financially responsible for all uses of any of the Sites by you and those using your Access Codes (defined hereafter).
5. SPECIALS, PROMOTIONS AND SWEEPSTAKES/CONTESTS.
When you order you will be given the opportunity to create an account. In that regard, you will be permitted to create your own username and passwords (“Access Codes”). Thereafter, you may utilize those Access Codes to obtain access to your account. You will be responsible for any activities conducted using Access Codes assigned to you.
7. EXCLUSION OF WARRANTY.
MEYER AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. MEYER AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT ANY OF THE SITES WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. MEYER WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF ANY OF THE SITES OR THE MEYER COMPUTER SYSTEM. THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although we strive to provide on any of the Sites the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in any of the Sites. Each person assumes full responsibility and all risks arising from use of any of the Sites or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Meyer may make additions, deletions, or modifications to the Information at any time without any prior notification.
8. LIMITATION OF LIABILITY.
MEYER ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN ANY OF THE SITES OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM ANY OF THE SITES. IN NO EVENT SHALL MEYER OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF ANY OF THE SITES OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY MEYER OR ANY THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
9. EGIFT CERTIFICATES.
NEITHER MEYER NOR ANY OF THE SITES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EGIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF AN EGIFT CERTIFICATE CODE IS NON-FUNCTIONAL. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH EGIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You shall defend and indemnify Meyer and any third-party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties because of your use of any of the Sites.
From time to time, Meyer may place vacancy announcements on the Sites, seeking applications from candidates who desire employment with Meyer or one of its related entities. However, Meyer is not under any obligation to screen or review any applications or to offer any vacancy announcement or other employment opportunities. As a result, Meyer does not certify the existence, type or quality of the jobs posted, the accuracy of the listings, the suitability of any job opportunities to candidates or the continued existence of the job after posting. The Sites and all job-related information they contain are provided “AS IS.” MEYER MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE JOB-RELATED OR OTHER INFORMATION PROVIDED ON THE SITES. Meyer does not guarantee that any employment position will be offered to any of the candidates submitting information. By using the Sites, you assume the risk that the information on the Sites may be incomplete, inaccurate, out of date, or that a specific posting may not meet your needs and requirements. You also agree that any information you submit, whether or not it is in response to any posted vacancy, is truthful and complete.
“Submissions” means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to Meyer regarding the products or services of Meyer. Submissions will not be confidential and will become the property of Meyer upon submission to Meyer. By providing any Submissions, you agree to assign to Meyer, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to Meyer will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Meyer, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
13. PRODUCT AND SERVICE AVAILABILITY.
Reference to any product or service on any of the Sites constitutes an offer to sell or supply that product or service and does not mean that the product or service is available when you order it. Meyer manages all or portions of the Sites in the United States of America. Meyer does not imply that the materials on any of the Sites are appropriate or available for use outside of the United States and we may not be able to fill your order if you require shipping outside of the United States.
We cannot guarantee that a product will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. If an item is in your shopping cart when you place your order, but is sold out by the time your order is processed, we will notify you by e-mail that your order will not be filled and you will not be charged.
Meyer attempts to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor. We cannot guarantee that your monitor’s display of any color will be accurate.
15. BACKORDERS (OUT OF STOCK).
Backordered merchandise includes items that are not currently in stock. In most cases, these items are on order from our manufacturing facilities or suppliers. In some cases, we are researching or waiting for stock information from one or more of our suppliers. We will notify you if a backorder situation exists.
16. PRICES AND AVAILABILITY.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON ANY OF THE SITES ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on any of the Sites does not imply that the product or service is presently available. If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price.
17. ORDER ACCEPTANCE.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service. We may require additional verifications or information before accepting any order.
18. SALES TAX.
Sales tax charges are based on state and local tax laws and tax rates for the delivery address of your order. Where required, tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a refund for the taxes you paid for that item. You will not receive a refund for the taxes you paid on the shipping and handling of that item, as the shipping and handling charges are nonrefundable once an item has been shipped. Please note that on-screen order totals reflect estimated tax. The actual charge to your credit card will reflect all applicable taxes calculated at the time your order is shipped.
19. REGISTRATION AND SECURITY.
If you want to cancel your Access Codes, or if you become aware of any loss, theft or unauthorized use of an Access Code, please notify us immediately through this link. We may delete or change any Access Code at any time and for any reason.
You are responsible for any payments due for any products or services ordered through your account. You shall also be responsible for any costs of collection for overdue payments.
Your use of any of the Sites is independent of Meyer and not as an employee, agent, partner, or joint venturer with Meyer for any purpose. We will permit our independent sales representatives to access portions of any of the Sites.
22. GOVERNING LAW.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
25. ADDITIONAL TERMS.
Additional terms and conditions may apply to purchases of goods and services and other uses of portions of any of the Sites, and you agree to abide by such other terms and conditions.
These terms and conditions are severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
28. COPYRIGHT ACT AGENT.
Meyer respects the intellectual property rights of others, and requires that the people who use any of the Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
One Meyer Plaza
Vallejo, CA 94590
Attention: Frank Conway
Email: [email protected]
29. ENTIRE AGREEMENT.
These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on any of the Sites.