Last Updated: June 1, 2020
These TOU limit the remedies that may be available to you in the event of a dispute with us.
Please note that the TOU are subject to change by us in our sole discretion at any time. When changes are made, MMH will make a new copy of the TOU available on the Website. We will also update the “Last Updated” date at the top of the TOU. If we make any material changes, and you have provided us with your email address, we reserve the right – but do not have the obligation -- to make a reasonable effort to send an email to you at the last email address you provided to us. Any changes to the TOU will be effective immediately. MMH may ask you to provide consent to the updated TOU in a specified manner before further use of the Website is permitted, or before making a purchase at or via the Website. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s). Please regularly check the Website to view the then-current TOU which will take precedence over all prior versions.
Use of IP Properties.
The Website and the content and information available on the Website, including but not limited to any future release, update or later-created Content, and including our trademarks including GLEAM, GLEAM & Design, GLEAM ON, GLEAM ME, MELANIE MILLS HOLLYWOOD, the MELANIE MILLS HOLLYWOOD design, RADIANT DUST, BODY RADIANCE, GLEAMGIRL and GLOW GIRL, and our package design trade dress, (“IP Properties”) are protected by trademark and copyright laws throughout the world. Subject to the TOU, MMH grants you a limited license to reproduce portions of these IP Properties for the sole purpose of using the Website for your personal purposes including sharing our IP Properties on a noncommercial basis, unless otherwise specified by MMH in a separate written license.
Customers placing orders will receive email or textual alerts about each order placed on or via the Website and/or pop-up notices as selected and/or chosen by you. Additionally, you may receive additional emails following receipt of an order soliciting feedback relating to that order, or recommending products or services to you based on prior orders and other interactions with MMH. While you can unsubscribe from our emailed newsletter, you cannot unsubscribe from emails regarding products or gift cards that you have ordered for yourself or a third party.
The limited right granted to you in the TOU are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, commercially reproduce, distribute, host or otherwise commercially exploit IP Properties or any portion of MMH; (b) you shall not use any metatags or other “hidden text” using MMH IP including our name, trademarks or other intellectual property; (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of IP Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable limited permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials; (e) you shall not access IP Properties in order to build a similar or competitive Website, application or service; and (f) except as expressly stated herein, no part of IP Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means for any purpose. MMH, its suppliers and service providers reserve all rights not granted in the TOU. Any unauthorized use by or for you of IP Properties will automatically and immediately terminate the limited license granted to you by MMH pursuant to the TOU without the need for any further notice or action on our part.
You affirm and agree that you shall not upload to, email to, distribute or otherwise publish through, or share with or through the Website any content or materials deemed by MMH, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party privacy, moral, copyrights, trademarks or other intellectual property rights, or which violates any regulation or law, or which is deemed by MMH in its sole discretion to be advertising or "spam".
Registration / Creating or Linking your Account.
In order to access certain features of the Website, you will be required to become a Registered User. For purposes of the TOU, a “Registered User” is a user who creates an account with MMH (“Account”) by registering directly with MMH through the Website or, if possible, logging into the Website with the user’s social networking service account (“Third-Party Account”). By logging in with your Third-Party Account, you represent that you are entitled to disclose your Third-Party Account login information to MMH and/or grant MMH access to your Third-Party Account (including, but not limited to, for use by MMH and its designees for the purposes described herein) without breach by you of any of the TOU and conditions that govern your use of the applicable Third-Party Account and without obligating MMH to pay any fees or incur any liability or making MMH subject to any usage limitations imposed by such third-party service providers. If you elect to grant MMH access to any Third-Party Accounts, you affirm that you understand that MMH may access, make available and store (if applicable) any of your content, information, photographs, and/or other materials (collectively, “Content”) accessible through MMH that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through IP Properties via your Account. Unless otherwise specified in the TOU, all Third-Party Account Content shall be considered to be your Content for all purposes of the TOU including but not limited to licenses to display, use, modify, copy and perform any intellectual property contained or included therein. Subject to the privacy settings that you have set in your Third-Party Account, personally identifiable information that you post to your Third-Party Account may be available on and through your Account on IP Properties. Please note that if a Third-Party Account or associated service becomes unavailable or MMH’s access to such Third-Party Account is terminated by the third-party service provider, then your Account Content may no longer be available on and through IP Properties. Please note that your relationship with the third-party service provider associated with your Third-Party Account is governed solely by your agreement(s) with such third-party service provider, and MMH disclaims any liability for personally identifiable information that may be provided to it by such third-party service provider in violation of the privacy settings that you have set in such Third-Party Account. MMH makes no effort to review, and does not warrant, any Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and MMH is not responsible for any Third-Party Account Content.
In registering for the Services, whether manually or via a Third-Party Account, you agree to (1) provide true, accurate, current and complete information about yourself (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are at least thirteen (13) years old (or such other minimum age of requirement as may be applicable in your jurisdiction) and not a person barred from using IP Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify MMH immediately of any unauthorized use of your password or any other breach of security. You must exit/sign out from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or MMH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MMH has the right to suspend or terminate your Account and refuse any and all current or future use of IP Properties (or any portion thereof). You agree not to create an Account using a third party’s identity without their informed consent or permission, or providing false age or payment information or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use IP Properties if you have been previously removed or barred by MMH from any MMH store. If we terminate your license to use the Service, we may retain enough information to prevent you from signing up for the Service in the future.
If You are a GDPR resident or citizen and ask us to delete your Account, we will or may, in our discretion, remove certain personally identifying information from our active user database, and then from our records in accordance with our data deletion cycle, except that we may retain personally identifying information where we have a valid justification to hold on to it, such as to resolve disputes or comply with our legal obligations, or to so we know not to use it again pursuant to a user’s request.
MMH strives to create an interactive relationship with the users of its Website and Services. User comments, feedback, suggestions, ideas, and other submissions (collectively, “Submissions”) disclosed, submitted or offered to MMH on or by this Website or by other means (including email or text message), shall be and remain MMH property. Users, including you, hereby grant to MMH a royalty-free, perpetual license to use the Submissions in connection with and for unlimited use, commercial or otherwise, to use and sublicense any and all Submissions on any media throughout the universe that currently exists and/or shall later be created on a free-of-charge/royalty-free basis. Furthermore, MMH shall be under no obligation to: (1) maintain any Submissions in confidence; (2) pay to users, including, any compensation for any Submissions; or (3) respond to any user Submissions.
If you send or post a Submission on, to or at any page or site hosted, managed or controlled by MMH including the Website, and any of MMH’s Facebook pages, or if you directly communicate with MMH via email, a comment form, Twitter, or on Instagram, tumblr or another social media service including by tagging MMH, you hereby grant MMH a non-exclusive, free-of-charge/royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the universe in any media that currently exists and/or shall later be created (the “Submissions License”). You also grant MMH the right to include and/or use the user name that you submit with your Submission, if any, in connection with such Submission, whether on the Service or in any other media, and that no additional compensation, consideration or credit needs to be provided to you by MMH and/or any (sub)licensee thereof. Users are welcome and encouraged to submit and post content, including photographs and videos, to MMH’s social media platforms where the content meets the standards articulated in this TOU. If You believe that a user has violated the terms of these TOU, it is not your responsibility to call them out on it publicly; instead, please contact MMH. MMH shall have the sole right (but not the obligation) in its sole discretion to refuse or move any Submission and/or block access by the public to any Submission that violates the TOU or is otherwise deemed objectionable for any reason in MMH’s sole discretion. Although we try to maintain a safe environment on our social media platforms and the Services, we are not responsible for the posts of any user and disclaim any and all liability for such posts. You acknowledge that we are not obligated to pre-screen user submissions (including your Submission) and may not review user submissions (including your Submissions) for purposes of compliance with the TOU or any other policy or otherwise. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, SUBMISSIONS) POSTED ON THE WEBSITE AND ANY OF MMH’S SOCIAL MEDIA PLATFORMS.
No Submission shall include any material which is deemed by MMH, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party privacy, moral copyrights, trademarks or other intellectual property rights, or which violates any regulation or law, or which is deemed by MMH in its sole discretion to be advertising or "spam". You acknowledge that by using the Service, you may be exposed to material that is offensive, indecent or objectionable and that we are not liable for this.
You recognize that some Content on this Website, including all Content and Submission submitted by any user, represents the opinions of the individual who has created such Content, and is not endorsed by this Website or MMH in any way. MMH does not represent or endorse the accuracy or reliability of any advice, opinion, statement, Content, Submission, or other information or materials displayed, uploaded, or distributed through the Website by any third party and you are responsible to verify this on your own. You acknowledge that except as otherwise provided herein regarding pricing, as limited herein, any material you download, view, or otherwise access through the Website is at your own sole risk, and you will be solely responsible for any damage and/or loss or corruption of data that results from the download of any such material. You understand that the technical processing and transmission of the Website, including your Content contained therein, may involve transmissions over various networks, and may require changes to your Content in order to conform and adapt to the technical requirements of connecting networks or devices. Without limiting the scope of the Submissions License or any present or future grant of rights, consents, agreements, assignments, and waivers you have made or may make with respect to Submissions, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you.
Correction of site errors
The information and content contained on the Website may contain typographical or other errors or inaccuracies, all of which are inadvertent. We reserve the right to update, amend, replace and/or correct any information and content we see fit at any time without prior notice or liability. Please note that such errors may relate to product information, pricing and availability, in which case we reserve the right, without liability, to cancel or terminate any orders/purchases placed in connection with such erroneous/inaccurate information, subject to refunding any monies paid, as your/the User’s sole remedy. We apologize for any inconvenience that may be caused by any errors or inaccuracies, or by our correction of them.
WHAT WE COLLECT
You can always choose not to provide any information to us, but then You might not be able to order products from us.
We may collect the following information:
- Details of Your order including Your name and the name of the order recipient.
- Contact information including email address and postal/delivery address.
- Demographic information such as postcode, preferences and interests.
- Other information relevant to customer surveys and/or offers.
“Personal Data” is defined as personally identifying information, including but not limited to a username, account number, email address, IP information and any personally identifying information entered by a User on the Services including address and payment information. “Special Categories of Personal Data” is defined as data revealing health, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, personal relationships or sexual orientation. We may ask You to submit information that falls into “Special Categories of Personal Data” in connection with allergies, health restrictions and food/beverage preferences. Also, if You may place an order that has as the shipping address a location such as a house of worship, a hospital, a campaign office or a picket line, You may be providing such Special Categories of Personal Data incidentally.
We may also collect “Interactive Data”, meaning browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows Us to identify Your browser, mobile device, pages You visit, cell service/wifi provider or Your account (including, for example, a persistent device identifier), and other similar information; You consent to such collection so that We can manage and deliver Your Order or enable You to attend a class or event and/or so We can provide You with relevant and/or requested Provided Content, data, information and Services. To improve our Services and avoid errors, We may obtain certain analytical information including records of the user sign in process, as well as login and logoff times, object loss metrics, test processes, button and action data and related information; such data may be shared with third parties including Shopify, Google Analytics, Klavyio, Zendesk, PayPal, Facebook and Twitterso We can provide You with the Services You want to receive, error-free, and so You can share content from our site on and through Your third-party accounts. We may use the information to analyze site usage, administer the site, understand usage and navigation trends in the aggregate, and determine interest in our products as well as the relevance of content. IP addresses are also linked to personally identifiable information, to better a user's experience when using the Website.
You consent to the collection, storage and processing of the data provided by You manually in connection with purchases and orders, as well as information We gather from You such as IP information (all of which is collectively and individually, “Personal Data”) which We may use for localization, corporate compliance, legal and auditing purposes, in connection with MMH’s business purposes, such as data analysis, audits, fraud prevention, developing new Services and/or features, enhancing and improving our Services, documenting usage, analyzing and researching user trends and researching/documenting the effectiveness of any promotional campaign; and to our sharing of that information among our related corporate entities, as well as our personnel for purposes of managing and processing Your order, processing payment for that order, following up with You regarding Your order and making recommendations for future orders.
The Personal Data You provide to Us will allow Us to run and operate our Service, including fulfilling and shipping Your orders, welcoming You to any MMH event, maintaining the integrity of the Service, providing You with the Services that You are seeking; minimizing spam, alerting You of new products or services, features, or enhancements, handling Your questions or issues, administering promotions, contests and sweepstakes, displaying relevant marketing to You, combating fraud and abuse, to notify You of promotions, updates, or special offers that We think may interest You, and for other legal and accounting/audit reasons. We also use information in the aggregate to understand how our users as a group use the services and resources provided on our Service. We also use Your email address and phone number as part of the Service in sending You messages about the Service and other general announcements.
We require this information to understand Your needs and provide You with better services, and in particular for the following reasons:
- Internal record keeping including in connection with accounting, taxes and legal compliance.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which We think You may find interesting using the email address which You have provided.
- From time to time, We may also use Your information to contact You for market research purposes. We may contact You by email, phone, fax or mail. We may use the information to customize the website according to Your interests.
For example, if You send a gift card or order products, You will also be required to provide a billing address and credit card or other payment information which will be collected, used, processed and retained so that We can process Your order, obtain follow-up information and/or feedback from You, and for other accounting and legal purposes, as well as to recommend our other products to You. If You order items for shipping or delivery, We will share Your name and address information, and possibly phone and email information, with those involved in shipping/delivering Your goods to You or Your chosen recipient.
We may use Your email address or information for a range of purposes including managing, tracking, completing and confirming Your orders and/or class reservations, processing a payment, communicating with our suppliers and vendors, marketing, maintaining quality of service, and administrative/legal/accounting/auditing purposes, and We reserve the right to share Your Personal Data with our staff/employees/contractors/team as needed to effect all of these purposes or processes. Those companies may or may not retain, share, store, or use personally identifiable information for secondary purposes. We reserve the right to partner with any third party, in our sole discretion, to provide specific services and process, and to store and organize Personal Data on our behalf, in connection with our reasonable management, maintenance and growth of MMH and related businesses.
You consent to our use, storage, retention and processing of data included in Special Categories of Personal Data as well as Interactive Data in the same way that We use, store, retain and process Your Personal Data, and agree that the term Personal Data as used herein includes Special Categories of Personal Data and Interactive Data
We do not knowingly solicit, collect or process information from children who (a) are residents or citizens of the European Union and under the age where consent of a parent or legal guardian is required for the processing of Personal Data of children including email addresses and IP addresses, as well as certain uses of cookies; or (b) users who are under the age of thirteen (13) and residents or citizens of any other country (an “Age-Barred Individual”). In compliance with United States regulations regarding online privacy for children, MMH does not knowingly solicit or collect information from children under the age of thirteen (13) or any other Age-Barred Individual. Age-Barred Individuals are not permitted to have an account, use any MMH website or app, or submit Interactions of any type to MMH. By using the Service and/or submitting an order, You thereby confirm that You are eighteen (18) years old or older, and not an Age-Barred Individual.
Data Access for Residents of the EEN
MMH is located in the United States, but we understand that some of our customers, users and their healthcare providers are citizens of or residents of other countries, including European Community countries. If You access MMH services from or purchase a product from or to be shipped to a country other than the United States, the various communications You send and receive may result in the transfer of information across international boundaries. Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to and processed by third parties identified above, located in a country outside of the EEA and Switzerland, where You may have fewer or different legal rights in relation to Your information. We will collect and retain Your information in connection with your orders, requests and correspondence, for at least as long as required by operation of local, state and federal laws and regulations.
Data Access for California Residents
If You are a resident of California, You may request that We provide You with the information that We have shared with third parties for electronic/online direct marketing purposes, if such sharing has occurred; such information can be provided to You once a year free of charge, and will cover information shared during the past twelve (12) months. Information will be provided within thirty (30) days of Your request, or We will inform You that We need additional time to fulfill Your request. Please contact firstname.lastname@example.org in connection therewith.
If You are a California resident and wish to make such a request, please provide sufficient information for Us to determine if this applies to You, attest to the fact that You are a California resident and provide a current California address for our response. You may make this request in writing to Us at email@example.com. Any such request must include “California Privacy Rights Request” in the first line of the description and include Your name, street address, city, state and ZIP code. Please note that We are only required to respond to one request per customer each year, and We are not required to respond to requests made by means other than through this address.
Information shared for purposes other than direct marketing will not necessarily be included in our response to such request. We reserve the right to request and confirm proof of identity as We determine necessary in our sole discretion. Please note that We cannot delete information in connection with orders of merchandise or gift certificates, and other paid services or goods, for at least seven years as We must retain it for accounting and legal purposes; We reserve the right to retain such Personal Data for accounting and business purposes.
Security of Personal Data
A cookie is a small file which asks permission to be placed on Your computer's hard drive. Once You agree, the file is added and the cookie helps analyze web traffic or lets You know when You visit a particular site. Cookies allow web applications to respond to You as an individual. The web application can tailor its operations to Your needs, likes and dislikes by gathering and remembering information about Your preferences.
We use traffic log cookies to identify which pages are being used. This helps Us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help Us provide You with a better website, by enabling Us to monitor which pages You find useful and which You do not. A cookie in no way gives Us access to Your computer or any information about You, other than the data You choose to share with us. You can choose to accept or decline cookies. Most web browsers’ settings will automatically accept cookies, but You can modify Your browser setting to decline cookies, or just third-party cookies, if You prefer. However, by doing so, this may prevent You from taking full advantage of the website or ordering products from us.
We treat information collected by cookies and other technologies as non-Personal Data. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered Personal Data by local law, We also treat these identifiers as Personal Data.
Links to Other Websites
Our website may contain links to other websites of interest. However, once You have used these links to leave our site, You should note that We do not have any control over that other website. Therefore, We cannot be responsible or liable for the protection and privacy of any information including Personal Data which You provide, or which is accessed by any third party (including affiliates) whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Managing Your Information
You may choose to restrict the collection or use of certain personal information in the following ways:
- If You have previously agreed to Us using Your Personal Data for direct marketing purposes, You may change Your mind at any time by writing to or emailing Us at firstname.lastname@example.org or unsubscribing. There is a unsubscribe link at the bottom of every emails We send to our users and customers, including You.
We will not sell, distribute or lease Your Personal Data to third parties unless We have Your permission including as set forth in this Policy, or are required by law to do so. We may use Your contact information to send You promotional information about third parties which We think You may find interesting if You tell Us that You wish this to happen.
If You believe that any information We are holding on You is incorrect or incomplete, please write to or email Us as soon as possible, at email@example.com or via https://www.melaniemillshollywood.com/pages/contact-us. We will correct any information found to be incorrect with reasonable promptness.
As We continue to develop our business, We might sell or buy assets, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets and accordingly, user information, including Personal Data collected from You through Your use of the Service, could be included in the transferred assets. If Psycho Bunny or any subsidiary thereof is acquired by, or merged with, any other entity, We reserve the right to assign or transfer any information that We have collected without Your consent or notice to You or any liability, and this will not violate our undertaking to not sell or distribute Your Personal Data. Further, if We become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including Personal Data collected from You through Your use of the Service, could be included in the transferred assets. Should such an event occur, and if Your Personal Data is to be used by the successor entity in a different manner than how it was used by Us, We will reasonably endeavor to ask the successor entity to notify You through email, social media and/or a prominent notice on the Service. As well, in any bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or for any application of laws or equitable principles affecting creditors' rights, Your information might be transferred or disclosed to third parties, which We reserve the right to do without additional consent or notice to You.
THIRD PARTY INTERACTIONS
To improve our Website, MMH may use and promote services provided by outside third parties. However, even if the third party is affiliated with or related to MMH, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, the content, goods or services any such third parties. Outside sites linked from our site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.
We are not responsible or liable for any loss or damage of any sort incurred as a result of any dealings or interactions with any third party website or merchant or operator of such a third party website.
By use of this Website, you agree to indemnify and hold MMH (and its shareholders, members, officers, directors, agents, affiliates, subsidiaries, related entities, partners, joint venturers, licensees, contractors and employees) harmless from and against each and every claim or demand, as well as losses, expenses, damages and costs (including attorney fees and court costs), resulting from any violation by you of these TOU or any activity of yours related to your Account (including, but not limited to, criminal, negligent or wrongful conduct, copyright infringement, trademark infringement or misuse of the Website).
Modification/termination of Website
In the event of termination of your Account, you will still be bound by your obligations under these TOU, including the warranties made by you, and by the assignments, waivers, disclaimers and limitations of liability. MMH shall not be liable to you or any third-party for any termination of your access.
Disclaimer of warranty
All products and services offered on or via the Website, or obtained from a third party website to which the Website is linked are provided to you "as is/where is," without any guarantees or warranty whatsoever, express or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose, accuracy, title, non-infringement, security or accuracy. Use of the MMH Website, Service or product by a user is at the user’s sole risk except as reasonably limited by applicable public order product liability laws. If you wish to return a product, please follow the instructions on our Product Return page.
Limitation of liability
MMH shall not be liable to you for any unforeseeable, direct, indirect, incidental, special, consequential, punitive or exemplary damages, or any like damages, liabilities, losses or costs, including, but not limited to, loss of actual or anticipated profits or revenues or attorney fees, that result from the use of, or the inability to use, the Website, the Services, the materials and products or the performance of any its products (even if MMH has been advised of the possibility of such damages). In the event that a court of final jurisdiction finds MMH liable for any claim/cause of action according or pursuant to any theory of liability despite the present disclaimers and exclusion of liability, MMH’s aggregate liability the actual price paid by you inclusive of taxes and shipping, as the User of this Website or the purchaser of MMH products through this Website (to be paid in the currency of your purchase). You agree that all of the terms and conditions of this section, including all of the MMH disclaimers, exclusions of MMH liability and alternative cap on MMH liability, are fair and reasonable as a condition for your use of this Website (including your purchase/ordering of any MMH products).
If any portion, term or condition of this Agreement is held invalid or unenforceable by a court of competent final jurisdiction, that portion, term or condition shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties (or, in the worst-case alternative shall be read out of this Agreement), and the remaining portions of this Agreement shall remain in full force and effect. The delay or failure of MMH to exercise or enforce any right, benefit, term or condition of these TOU shall not constitute a present, future or ongoing waiver of such right, benefit, term or condition. Only a written waiver signed by MMH shall be deemed a valid waiver.
You agree that, except as otherwise expressly provided in these TOU, you have no third-party beneficiaries who shall benefit from these TOU. You agree that any claim or cause of action arising out of or related to these TOU or your use of the Service must be filed within one (1) year after the claim/cause of action arose or it shall be forever barred.
GLITCHES CAN HAPPEN
The Website and Services may be subject to limitations, delays, delivery or technical failures, and other problems inherent in the use of the Internet, electronic communications or otherwise. Except as set forth in herein or as otherwise required by applicable law, MMH is not responsible for any delays, delivery or technical failures, or other problems, including for economic damages or losses, actual or anticipated, foreseeable or unforeseeable, direct or indirect, resulting therefrom. You acknowledge that access to the Service may involve third party fees (such as Internet service provider, mobile data fees or airtime charges). You are responsible for applicable fees, including those fees associated with the display or delivery of advertisements, if applicable. In addition, you must provide and are responsible for all equipment necessary to access the Website in any medium or via any service.