Terms of Service.
TERMS OF USE
Last Modified: August 15, 2023 IMPORTANT - READ
CAREFULLY: BY USING THE WEBSITE, YOU ACCEPT AND
AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE
AND ANY OTHER MAJERO OPERATIONS LLC (DOING BUSINESS
AS MAJERO MODELS) POLICIES AVAILABLE ON THE WEBSITE
(INCLUDING, BUT NOT LIMITED TO, OUR PRIVACY FOUND
AT WWW.PRECISIONINGREDIENTS.COM), WHICH ARE
INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT
AGREE TO THESE TERMS OF USE OR ANY OTHER MAJERO
OPERATIONS LLC POLICIES, YOU MUST NOT ACCESS OR USE
THE WEBSITE.
ACCEPTANCE OF THE TERMS OF USE
These terms of use are entered into by and between you the user
(“you” or “your”) and Majero Operations LLC ("Majero Operations
LLC", "we", “our” or "us"). The following terms and conditions, together
with any documents incorporated herein by reference (collectively,
these "Terms of Use"), shall govern your access to and use
of www.precisioningredients.com and/or our subdomain websites,
including, but not limited to, any Website Content (as defined herein),
functionality, resources and services offered on or
through www.precisioningredients.com and/or our subdomain
websites (collectively, the "Website") except as otherwise provided
herein. The Website is offered and available to users who are
eighteen (18) years of age or older. By using the Website, you
represent and warrant that you are eighteen (18) years of age or
older; if you are not eighteen (18) years of age or older, you must not
access or use the Website.
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in
our sole discretion without notice. All changes shall be effective
immediately when we post them to the Website. Your continued use of
the Website following the posting of revised Terms of Use means that
you accept and agree to the revised Terms of Use. It is your obligation
to check this page often for revisions to these Terms of Use.
WEBSITE ACCESS
We may withdraw or amend the Website (or any portion thereof), and
any service or material we provide on the Website, as applicable, at
any time without notice in our sole discretion. We will not be liable for
any reason if all or part of the Website is unavailable for any period.
To access the Website (or any portion thereof), you may be asked to
provide certain Registration Data (as defined herein), other
information and/or agree to additional terms of use governing your
use. It is a condition of your use of the Website that all information you
provide on or to the Website be correct, current and complete.
YOUR ACCOUNT
To access certain features of the Website, you may be required to
create an account as a part of Majero Operations LLC’s security
procedures, including, but not limited to, creating a username and
password, and providing certain other registration or account
information (collectively, “Registration Data”). Your account is
personal to you and you are solely responsible for any and all acts or
omissions that occur through the use of your account, whether or not
permitted or authorized by you. You must (i) treat all Registration Data
as confidential; (ii) not disclose Registration Data to any third-party;
and/or (iii) not provide any other person with access to the Website or
any portions of it using your Registration Data. Additionally, you may
not use your account to gain or attempt to gain unauthorized access to
any portion of the Website (including, but not limited to, accessing
another user’s account). You agree to notify Majero Operations LLC
immediately of any unauthorized access to your account or use of
your Registration Data. You also agree to ensure that you exit from
your account at the end of each session. We reserve the right to
disable your account at any time if, in our opinion, you have violated
these Terms of Use.
NO UNLAWFUL OR PROHIBITED USE
You represent and warrant to us that you will not use the Website (or
any portion thereof) for any purpose that is against applicable local,
state or federal laws, rules or regulations or otherwise prohibited by
these Terms of Use. Specifically, you agree to comply with all
applicable laws regarding the transmission of data exported from the
United States or the country in which you reside. You must not use the
Website (directly or indirectly) to: (i) transmit, or procure the sending
of, any advertising or promotional material; (ii) impersonate or attempt
to impersonate Majero Operations LLC, a Majero Operations LLC
employee, another user or any other person or entity; or (iii) engage in
any other conduct that restricts or inhibits another user’s use or
enjoyment of the Website, or which, as determined by us, is
detrimental to Majero Operations LLC. Additionally, you further agree
to not (directly or indirectly): (a) use any process to monitor or copy
any of the material on the Website or for any other unauthorized
purpose without our prior written consent; (b) introduce any viruses or
other material that is malicious or technologically harmful; (c) attempt
to gain unauthorized access to, interfere with, damage or disrupt the
Website; or (d) otherwise attempt to interfere with the proper working
of the Website. If you violate these Terms of Use, your permission to
use the Website shall automatically end (without notice from us to
you).
INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features and functionality,
software, text, images, graphics, video and audio (“Website Content”)
are owned by Majero Operations LLC or other providers of such
material and are protected by United States and international
copyright, trademark, patent, trade secret and other intellectual
property or proprietary rights laws. These Terms of Use (i) permit you
to use the Website for non-commercial use only (except as otherwise
permitted on the Website) and (ii) convey no right, title, or interest in or
to the Website or any Website Content. You must not: (a) modify,
reproduce, transmit or distribute copies of Website Content except as
otherwise expressly permitted by these Terms of Use; (b) use any
Website Content separately from the accompanying text; or (c) delete
or alter any copyright, trademark or other proprietary rights notices
from Website Content. Any use of the Website not expressly permitted
by these Terms of Use constitutes a breach of these Terms of Use
and may violate copyright, trademark and other applicable laws. All
rights not expressly granted hereunder are reserved by Majero
Operations LLC.
TRADEMARKS
Majero Operations LLC’s name and trademarks and all related names,
logos, product and service names, designs and slogans are
trademarks of Majero Operations LLC or its affiliates/subsidiaries (the
“Marks”). You must not use the Marks in any manner without the prior
written permission of Majero Operations LLC or its appropriate
affiliates/subsidiaries. All other names, logos, product and service
names, designs and slogans on the Website are the trademarks of
their respective owners.
LINKING
You may link to the Website’s homepage, provided you do so in a way
that is fair and legal and does not damage Majero Operations LLC’s
reputation (in any manner), but you must not establish a link in such a
way as to suggest any form of association, approval or endorsement
by Majero Operations LLC without our express written consent. You
may not: (i) link from any website that is not owned by you; (ii) cause
the Website or any portion thereof to be displayed, or appear to be
displayed on any other site; or (iii) link to any other part of the Website
other than the homepage.
RELIANCE ON INFORMATION POSTED
The information and/or materials presented on or through the Website
(“Website Information”) are made available solely for general
information purposes. We do not represent or warrant the accuracy,
completeness or usefulness of Website Information. Any reliance you
place on any Website Information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed
on any Website Information by you or by any third-party who may be
informed of any Website Information.
THIRD-PARTY CONTENT
The Website may include third-party content (“Third-Party Content”),
including, but not limited to, materials, references or resources
provided by news or media outlets, other users, bloggers and third-
party licensors, aggregators and/or reporting services and articles and
responses to the foregoing. Opinions expressed in Third-Party
Content, other than the content provided by Majero Operations LLC,
are solely the opinions and the responsibility of the person or entity
providing such Third-Party Content. Third-Party Content does not
necessarily reflect the opinion of Majero Operations LLC. Certain
Third-Party Content on the Website may include hyperlinks to third-
party websites. Majero Operations LLC does not control or endorse
content from such third-party websites and any access by you to third-
party websites from the Website shall be entirely at your own risk.
Links and access to these sites are provided for your convenience
only. When you leave the Website to access Third-Party Content you
do so entirely at your own risk and subject to the terms and conditions
of use (and applicable privacy policy) for such websites. We are not
responsible or liable to you, or any third-party, for the content or
accuracy of any Third-Party Content.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
All information we collect on the Website is subject to our Privacy
Policy, available at www.majeromodels.com. By using the Website,
you consent to all actions taken by us with respect to your information
in compliance with the Privacy Policy.
PRODUCTS, SERVICES, ORDERS AND PRICING
We may accept orders for Majero Operations LLC products or
services on the Website. While we use our best efforts to fulfill all
orders, Majero Operations LLC cannot guarantee the availability of
any particular product, service or price displayed on the Website. The
inclusion of any products or services on the Website at a particular
time does not imply or warrant that these products or services will be
available at any time. Majero Operations LLC reserves the right to (i)
change any product, service or price listed on the Website at any time
without notice; (ii) limit the order quantity on any product, service
and/or refuse to sell a particular product or provide services to you;
and (iii) revoke any stated offer and to correct any errors, inaccuracies
or omissions (including, but not limited to, after an order has been
submitted and accepted). We may require additional verifications or
other information prior to the acceptance and/or shipment of any
order. Your receipt of an order confirmation from us does not signify
our acceptance of your order, nor does it constitute confirmation of our
offer to sell. We make all reasonable efforts to accurately display the
attributes of our services and products, including, but not limited to,
the applicable colors of such products; however, the actual color you
see will depend on your computer system, and we cannot guarantee
that your computer will accurately display such colors.
The prices displayed on the Website are quoted in U.S. Dollars, are
valid and effective only within the United States and do not include
shipping and handling or sales taxes, if applicable, which will be
added to your total invoice price. You are responsible for the payment
of any shipping and handling charges and state and local sales or use
taxes that may apply to your order.
For further information about purchasing products from Majero
Operations LLC, please read our Shipping & Returns Policy available
on the Website.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE
CONTRARY, IN THE EVENT OF ANY PROBLEM WITH THE
PRODUCTS THAT YOU MAY HAVE PURCHASED THROUGH THE
WEBSITE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE
REMEDY IS TO SEEK A RETURN AND REFUND FOR SUCH
PRODUCT IN ACCORDANCE WITH THE SHIPPING & RETURNS
POLICIES AVAILABLE ON THE WEBSITE.
COPYRIGHT COMPLAINTS
Majero Operations LLC respects the intellectual property rights of
others. If you believe that any material contained on the Website
infringes your copyright or other intellectual property rights, you should
notify us of your copyright infringement claim in accordance with the
following procedure. Majero Operations LLC will process notices of
alleged infringement which it receives and will take appropriate action
as required by the Digital Millennium Copyright Act (“DMCA”) and
other applicable intellectual property laws. The DMCA requires that
notifications of claimed copyright infringement should be sent to the
Website's Designated Agent who is:
By mail: Majero Operations LLC, P.O. Box 13474, Scottsdale, AZ
85267.
By email: info@majeromodels.com
To be effective, your notification must be in writing and contain the
following information (DMCA, 17 U.S.C. §512(c)(3)):
Physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed;
Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site;
Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to
contact the complaining party, such as an address, telephone
number, and, if available, an electronic mail address at which the
complaining party may be contacted;
A statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
A statement, made under penalty of perjury, that the information
in the notification is accurate and that the complaining party is
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE
OF THE WEBSITE (OR ANY PORTION THEREOF) AND THE
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE
AT YOUR SOLE RISK. THE WEBSITE, ANY PORTION THEREOF
AND THE SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT). NEITHER
MAJERO OPERATIONS LLC NOR ANY PERSON ASSOCIATED
WITH MAJERO OPERATIONS LLC MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY
OF THE WEBSITE, ANY PORTION THEREOF AND THE SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE. WITHOUT
LIMITING THE FOREGOING, NEITHER MAJERO OPERATIONS
LLC NOR ANYONE ASSOCIATED WITH MAJERO OPERATIONS
LLC REPRESENTS OR WARRANTS THAT THE WEBSITE, ANY
PORTION THEREOF OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE,
ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR WEBSITE (OR ANY PORTION
THEREOF) IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE WEBSITE, ANY PORTION
THEREOF OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY
WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, (I) IN NO EVENT
WILL MAJERO OPERATIONS LLC BE LIABLE, UNDER ANY LEGAL
THEORY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES
WHATSOEVER AND/OR (B) DAMAGES FOR LOSS OF PROFITS,
OPPORTUNITIES, REVENUES, INVESTMENTS, GOODWILL, DATA
OR OTHER INTANGIBLE LOSSES; AND (II) THE MAXIMUM
CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR
RELATED TO YOUR USE OF THE WEBSITE OR ANY PORTION
THEREOF (UNDER ANY LEGAL THEORY) SHALL NOT EXCEED
THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE
AMOUNT YOU HAVE PAID MAJERO OPERATIONS LLC THROUGH
YOUR USE OF THE WEBSITE OR ANY PORTION THEREOF. YOU
AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE
CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT
OF OR RELATED TO USE OF THE WEBSITE OR ANY PORTION
THEREOF MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH
CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER
BARRED. THE FOREGOING DOES NOT AFFECT ANY LIABILITY
THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
LAW.
INDEMNIFICATION
You agree to defend, indemnify, and hold Majero Operations LLC and
its respective directors, officers, employees, and agents
("Indemnitees") harmless against all claims, expenses, liabilities,
losses, costs and damages, including, but not limited to, reasonable
attorney's fees, that the Indemnitees may incur in connection with or
arising out of your use of the Website (or any portion thereof).
CHOICE OF LAW
These Terms of Use shall be governed by and construed under the
laws of the State of Arizona, USA, without giving effect to any
principles of conflicts of law. You consent to the exclusive jurisdiction
and venue of the state or federal courts located in and serving the
State of Arizona, USA.
MISCELLANEOUS
These Terms of Use embody the entire understanding and agreement
between the parties respecting the subject matter of these Terms of
Use and supersede all prior understandings and agreements between
the parties respecting such subject matter. These Terms of Use have
been prepared in the English language and such version shall be
controlling in all respects and any non-English version of these Terms
of Use is solely for accommodation purposes. All rights and remedies
of Majero Operations LLC upon your breach or other default under
these Terms of Use will be deemed cumulative and not exclusive of
any other right or remedy conferred by these Terms of Use or by law
or equity on Majero Operations LLC, and the exercise of any one
remedy will not preclude the exercise of any other. Failure by Majero
Operations LLC to exercise any of its rights under, or to enforce any
provision of, these Terms of Use will not be deemed a waiver or
forfeiture of such rights or ability to enforce such provision. If any
provision of these Terms of Use is held by a court of competent
jurisdiction to be invalid, illegal or unenforceable, that provision will be
deemed amended to the minimum extent necessary to make it valid
and enforceable, and the remainder of these Terms of Use will remain
in full force and effect. The captions and headings appearing in these
Terms of Use are for reference only and will not be considered in
construing these Terms of Use. All notices or other correspondence to
Majero Operations LLC under these Terms of Use must be sent to the
following electronic mail address for such
purpose: info@majeromodels.com or the following physical address:
Majero Operations LLC
P.O. Box 13474
Scottsdale, AZ 85267