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Terms of service

Updated and effective as of October 1, 2019

Mer-Sea & Co. LLC ("Mer-Sea" or "MERSEA" or "us" or "we" or "our") owns and operates mersea.com (the “Site”). The following Terms of Use/Terms of Service/Legal Notice/Agreement ("TOU") govern your use of the Site. Other sites or content owned or controlled by Mer-Sea may have their own terms of use and should be reviewed.

By using the Site or purchasing any products or services through the Site, you agree to be bound by these TOU. If you do not agree to be so bound, you are not authorized to use the Site. These TOU are a legal contract between you and MERSEA and govern your access to and use of the Site together with any services offered through the Site. If you are using the Site on behalf of a business entity, you represent that you have the authority to bind the entity to this Agreement. Your rights to use the Site are limited by applicable federal, state, and local laws and regulations.

MERSEA may offer promotions, sweepstakes, contests, services, or features that have their own terms, and if any portion of those special terms conflict with these TOU, the special terms will govern for that specific portion.

The Site is intended for adults 18 years of age or older. By accessing the Site, you represent that you are 18 years of age or older. 

The mersea.com Site

MERSEA, through the Site, sells travel apparel and accessories and scented home and body products. MERSEA may from time to time sell other products or services through the Site.

Information contained on the Site is provided for informational purposes only. You agree that you will only use the Site for its intended purposes, and not for other commercial ventures without first seeking approval from MERSEA.

By using the Site, you may need to interact with other Site users. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these TOU. MERSEA is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the Site.

Any and all Site services and products are subject to availability. While Mer-Sea will try its best to make the Site content useful, MERSEA does not warrant that any Site content will be useful or reliable. MERSEA does not offer legal or financial advice through the Site. Nothing in these TOU nor on the Site is to be interpreted as legal or financial advice or guidance.

Product Order Terms

Your purchase of any products through the Site is subject to the terms and conditions stated on the applicable order form(s) and the applicable terms stated in these TOU. All prices are subject to change.

Refunds

You may request a refund for products purchased through the Site in accordance with these TOU and the return policy page found at https://www.mersea.com/a/returns.

License 

MERSEA hereby grants you a revocable and nonexclusive right and license to use and access the Site for your personal, non-commercial purposes in a manner that is consistent with the other terms in these TOU and the Site’s intended purposes. MERSEA reserves the right to terminate this license for any reason and at any time without notice to you, including for breach of these TOU. Use of the Site by competitors is not authorized without express, written permission from us in advance of such access.

You may not use any Site content to establish any independent data files, databases, compendiums, or any other reference materials. 

TOU Changes 

MERSEA reserves the right to modify these TOU at any time without prior notice. You should visit the Site from time to time to review the current TOU. By using the Site subsequent to any modification of these TOU, you agree to be bound by such modification(s).

Intellectual and Other Property 

All content on the Site is the property of MERSEA or its licensors including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain name, or other electronic files ("MERSEA Content").

Certain elements of the Site, including but not limited to, text, graphics, photos, images, video, audio, color selections, and organization and layout, are copyright protected under United States and international copyright laws. You may not copy, republish, post, modify, edit, transmit, distribute or reverse engineer any MERSEA Content without our permission, except that you may print out one copy of each Site page solely for your own non‑commercial personal use. No right, title, or interest in any MERSEA Content is transferred to you as a result of you accessing, downloading, or printing such content from the Site. Any use of MERSEA Content must display the appropriate copyright, trademark, and other proprietary notices. 

If you transmit to MERSEA a testimonial statement and/or photographs depicting your results using any MERSEA product, you grant, and warrant and represent that you have the right to grant, MERSEA a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute the testimonial statement and/or photograph for any purpose, including posting on the Services or using in any MERSEA advertising materials

By sending any testimonials or photographs of your results, you represent that the testimonial statement is true, that you used the MERSEA product as directed, and that the photographs and testimonial accurately depict your experience using the MERSEA product.

If you no longer wish MERSEA to use your written testimonial statement, please contact us. If we do not hear from you, we will assume you still stand behind your testimonial statement.

If you received any kind of compensation, whether monetary, in the form of a free product, or otherwise, you must notify us of this fact when posting or sending your testimonial.

MERSEA Mobile

MERSEA offers its customers marketing and promotional mobile alerts (e.g., cart reminders) by SMS message (the "Service") on 38614. By participating in the Service, you are agreeing to these Terms, our Terms of Service and to the Privacy Notice. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS.

Signing Up and Opting-In to the Service 
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Mersea reserves the right to stop offering the Service at any time with or without notice. Mersea also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

By opting into the Service, you: 

  • Authorize Mersea to use an automatic telephone dialing system to send recurring text messages, which may be automated, to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in). 
  • Acknowledge that you do not have to agree to receive messages as a condition of purchase. 
  • Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. 
  • Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call 1-816-974-3155. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails. 

Content You May Receive 
Once you affirm your choice to opt-in to the Service on 38614, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about: 

  • Sale promotions
  • Event information
  • Product launch announcements
  • Cart reminders
  • Back in stock alerts
  • Price drop alerts
  • Low inventory alerts 

Charges and Carriers 
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. 

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Mersea may add or remove any wireless carrier from the Service at any time without notice. Mersea and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.  

To Stop the Service 
To stop receiving text messages from Mersea, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 38614 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from Mersea. You can also contact us at 1-800-383-6008 These are the exclusive methods for opting out. After opting out, you will receive one additional message confirming that your request has been processed. 

Questions 
You can text HELP for help at any time to 38614. This will provide you with a 1-816-974-3155. You can also contact us at Mer-Sea & Co. Inc 14710 W 105th St, Lenexa KS 66215. 

Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK.  SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  MERSEA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MERSEA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON OUR WEBSITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.  IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $100, WHICHEVER IS GREATER.

You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website or the services provided on the website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Kansas law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, Mersea retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Mersea retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.  YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH.

Suggestions

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against MERSEA and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.

You acknowledge that you have no right, title, or interest in or to the Site and/or MERSEA Content. 

MERSEA is a mark of MERSEA & Co. LLC. Other marks, names, and logos on the Site are the property of their respective owners.

There may be other content located on the Site not owned by MERSEA, and you should respect those property rights as well. All rights not expressly granted herein are reserved to MERSEA.

Third Party Advertisements, Links to Third Party Sites, and Other Site Interaction

The Site may feature advertisements from third parties not affiliated with MERSEA. The presence of any third party advertisements in no way implies: (1) any relationship or association between the advertisers and MERSEA or (2) that MERSEA endorses or recommends the advertised companies, goods, and/or services. MERSEA is not liable or responsible for any harm or damages you may suffer if your purchase or use any advertised goods or services. You purchase or use any advertised goods or services at your risk. If any of the advertisements contain links to third party sites, please continue reading the language in this section about external links.

The Site may contain links to external sites not controlled and/or affiliated with MERSEA. If you use these links, you will leave the Site. MERSEA provides these links to you only as a convenience. MERSEA is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites. You access any linked sites at your own risk.

The display of links is not meant to imply that MERSEA guarantees, approves, recommends, or endorses the linked sites or any information, content and/or products/services available on those linked sites. The links are not meant to indicate any association with MERSEA. MERSEA is not responsible or liable for any linked site nor does MERSEA warrant that the linked sites or any goods, services, or information on the sites are current, accurate, or error-free. If you access the linked sites, you will be subject to the terms of use, privacy, and other policies applicable to those sites.

MERSEA may also allow interaction between the Site and other third party sites such as Twitter and other social media sites. This may include "Like" buttons or other interactions through third party buttons or plugins on the Site that when used, may allow you to share content from the Site or other content with other persons on or through the third party sites or elsewhere. Please consult the privacy policies of these third party sites before using them to make sure you are comfortable with the level of sharing. MERSEA has no control over these third party sites and you use these interaction functions at your own risk. MERSEA is in no way liable for any harm to you as a result of using one of these interaction functions.

Other Prohibited Conduct

In connection with your access and/or use of the Site or any Site services, you agree not to:

  • Violate any federal, state, or local laws or regulations.
  • Upload/post anything that imposes an unreasonable or disproportionately large strain on MERSEA's network or computer infrastructure.
  • Engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Site and/or MERSEA's computers, servers or networks, and/or any computers or systems used by other users of the Site.
  • Upload/post anything that could destroy, damage, or impair any portion of the Site or any computers, systems, hardware, or software used by MERSEA or other users.
  • Make unauthorized attempts to modify any information stored on the Site.
  • Make attempts to defeat or circumvent security features, or to utilize the Site for any other purpose other than its intended purposes.
  • Discuss, incite, or promote illegal activity.
  • Upload/post any unsolicited or unauthorized advertising, promotional materials, spam emails, chain letters, pyramid schemes, or any other form of such solicitations.
  • Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site.
  • Use the Site to send spam or unsolicited bulk email.
  • Provide false or misleading information when signing up for a Site account or otherwise upload/post any false or misleading information or content through the Site.
  • Engage in any behavior that causes us to lose (in whole or in part) the services of our ISPs or other suppliers.
  • Use any information regarding other Site users that is accessible on the Site, disclosed to you by other Site users, or disclosed to you by MERSEA, except to enter into and complete official transactions through the Site.
  • Use any information regarding other Site users that is accessible on the Site, disclosed to you by other Site users, or disclosed to you by MERSEA for purposes of solicitation, advertisement, initiation of unsolicited e-mail or spam, harassment, invasion of privacy, or for otherwise objectionable conduct.

The previous list of prohibitions is not exclusive. MERSEA reserves the right to terminate your access to the Site or any Site services for any reason.

By accepting these TOU, you waive and hold harmless MERSEA from any claims resulting from any action taken by MERSEA during or as a result of MERSEA's investigation and/or from any actions taken as a consequence of investigations by either MERSEA or law enforcement related to your use of the Site.

Indemnity and Release

You agree to indemnify, defend and hold harmless MERSEA, including its officers, directors, employees, affiliates, agents, licensors, representatives, suppliers, contractors, attorneys, and business partners ("Indemnified Parties"), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) MERSEA or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site and/or any Site goods or services, your breach of these TOU, the use of the Site by any person using your password, or any violation of an applicable law or regulation by you. Your indemnification obligation shall survive the termination of these TOU.

TO THE EXTENT ALLOWED UNDER THE LAW, IF A DISPUTE ARISES BETWEEN ONE OR MORE SITE USERS, EACH OF YOU RELEASE MER-SEA, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. TO THE EXTENT ALLOWED UNDER THE LAW, YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS [OR HER] FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM [OR HER] MUST HAVE MATERIALLY AFFECTED HIS [OR HER] SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY MERSEA.

Disclaimer of Warranties / Limitation of Liability

YOUR USE OF THE SITE AND ANY SITE PRODUCTS IS AT YOUR OWN RISK.

TO THE EXTENT ALLOWED UNDER THE LAW, MERSEA AND/OR ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE.

TO THE EXTENT ALLOWED UNDER THE LAW, MERSEA AND/OR ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND NON-INFRINGEMENT.

TO THE EXTENT ALLOWED UNDER THE LAW, MERSEA AND/OR ITS AFFILIATES EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE AND DISCLAIM ANY OBLIGATION, LIABILITY, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF MERSEA.

TO THE EXTENT ALLOWED UNDER THE LAW, THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE, ITS CONTENT, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE. MERSEA AND/OR ITS AFFILIATES DO NOT WARRANT THAT THE SITE FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR SECURE.

TO THE EXTENT ALLOWED UNDER THE LAW, MER-SEA AND/OR ITS AFFILIATES DISCLAIM ANY LIABILITY FOR ANY DAMAGES WHATSOEVER INCURRED BY ANY SITE USER IN CONNECTION WITH THE USE OF ANY OTHER WEBSITE ACCESSED THROUGH THE SITE, AND DISCLAIM ANY LIABILITY DERIVED FROM THE USE OF ANY LINKS THAT MAY APPEAR ON THE SITE.

TO THE EXTENT ALLOWED UNDER THE LAW, MERSEA AND/OR ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE OR THAT SITE AND/OR ITS CONTENT WILL BE AVAILABLE AND/OR APPROPRIATE IN ALL AREAS. TO THE EXTENT ALLOWED UNDER THE LAW, MERSEA AND/OR ITS AFFILIATES DO NOT WARRANT THAT THE SITE AND/OR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE WILL BE CORRECTED, OR THAT THE SITE/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE EXTENT ALLOWED UNDER THE LAW, THE SITE AND RELATED CONTENT, INCLUDING ANY GOODS, SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, TO THE EXTENT ALLOWED UNDER THE LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ANY SITE PRODUCTS OR SERVICES. TO THE EXTENT ALLOWED UNDER THE LAW, MERSEA AND/OR ITS AFFILIATES MAKE NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.

TO THE EXTENT ALLOWED UNDER THE LAW, IN NO EVENT WILL MERSEA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND/OR BUSINESS PARTNERS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MERSEA AND/OR ANY OF THE AFOREMENTIONED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITE OR ANY SITE GOODS OR SERVICES; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITE; AND/OR (4) ANY OTHER MATTER RELATING TO THE SITE, ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE, AND/OR ANY LINKS ON THE SITE.

TO THE EXTENT ALLOWED UNDER THE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MERSEA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND/OR BUSINESS PARTNERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO MER-SEA AND/OR THE AFOREMENTIONED PARTIES FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.

IF YOU ARE DISSATISFIED WITH THESE TERMS OR THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

IF YOU ARE DISSATISFIED WITH ANY PRODUCT OR SERVICE OFFERED ON OR THROUGH THE SITE, TO THE EXTENT ALLOWED UNDER THE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

ALL PROVISIONS IN THESE TOU ARE APPLICABLE TO THE EXTENT ALLOWED UNDER THE LAW.

U.S. Geographic Limitation

MERSEA operates the Site from its headquarters in the United States, and the Site is intended only for users within the United States. If you use the Site outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site violates any of those local laws. By using the Site, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to, processed in, and stored in the United States.

Site Privacy Policy

Your use of the Site is governed by the Site Privacy Policy located at https://www.mersea.com/pages/privacy-policy. The Site Privacy Policy is incorporated by reference into these TOU.

Miscellaneous

You acknowledge that any opinions and/or recommendations contained on the Site are not necessarily those of MERSEA nor endorsed by MERSEA. ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON THE SITE IS DONE AT YOUR OWN RISK.

MERSEA does not guarantee or promise that any opinions and/or recommendations on the Site are accurate or will be helpful to any issue you may have.

You agree that MERSEA is not liable to you or anyone else for any harm that might arise as a result of using and/or implementing in any manner any of the opinions or recommendations found on the Site.

MERSEA is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches or any other unauthorized access to MERSEA's computer or network systems, including any MERSEA hardware or devices, that may or may not result in the disclosure of your personal information you provided to us.

YOU AGREE THAT any and all disputes relating to these TOU, the Site, and/or any goods or services offered on or through the Site, are governed by, and will be interpreted in accordance with, the laws of Kansas, without regard to any conflict of laws provisions.

You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state or federal courts of Kansas, (USA) for any litigation arising out of or relating to these TOU or the use of the Site.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO waive any objection to the venue of any such litigation in the state or federal courts of Kansas.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any Kansas state or federal court that such litigation brought therein has been brought in an inconvenient forum.

YOU AGREE THAT MERSEA will be irreparably injured if the provisions of this Agreement are breached by you and/or not specifically enforced.

YOU AGREE THAT if you commit or, in the belief of MERSEA, threaten to commit, a breach of any of the provisions of this Agreement, MERSEA and/or its affiliates shall have the right and remedy, in addition to any other remedy that may be available at law or in equity, to have the provisions of this Agreement specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to MERSEA and/or its affiliates, and that money damages will not provide an adequate remedy therefore.

YOU AGREE THAT any such injunction/specific performance referenced in the previous paragraph shall be available without the posting of any bond or other security, and you hereby consent to the issuance of such injunction.

YOU AGREE THAT if this Agreement is breached by you, MERSEA will be entitled to recover its legal fees and costs incurred in the enforcement of this Agreement.

If any part of these TOU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect.

These TOU constitute the entire agreement of the parties with respect to the Site and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and MERSEA, with respect to the Site.

If you violate any portion of these TOU, MERSEA reserves the right, without an obligation to do so, to deny you access to the Site. If MERSEA terminates your access to the Site, MERSEA may also delete your Site account. MERSEA has the right to terminate any password-restricted account for any reason. If your Site account is terminated, you are prohibited from re-registering for a new Site account without first getting permission from MERSEA.

Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend, terminate your Site account and access to the Site, and/or refuse to provide any Site services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. We can also terminate this Agreement at any time, with or without cause.

MERSEA's failure to enforce any portion of these TOU is not a waiver of such portion.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination of these TOU.

MERSEA reserves the right, without notice and reason, to take down or terminate the Site or otherwise revoke any and all access granted to you related to the Site. We may, at our sole discretion, require additional information or forms of identification and may use these to determine any limitations that may be placed on your use of the Site. You agree that MERSEA is not liable to you or any other third party for this action.

MERSEA does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Site. You are solely responsible for obtaining access to the Site and any fees associated with such access (e.g., airtime charges, ISP fees, other third party fees, etc.). In addition, you must provide, and you are responsible for, all equipment necessary to access the Site.

You are free to text link to the Site so long as there is nothing deceptive or infringing about the link. MERSEA may revoke this linking permission at any time and for any reason.

Certain software elements of the Site and related Site services may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.

You agree that you will not assist or participate in any such diversion or other violation of applicable laws and regulations as referenced in the previous paragraph.

YOU AGREE THAT you will not permit or license anyone not approved under applicable law or regulations to receive controlled commodities, and that none of the materials on the Site are being, or will be, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or otherwise used for proscribed activities.

This Agreement does not create an agency, joint venture, partnership, fiduciary relationship, or any similar relationship between the parties, and neither party has the right or authority to act for, or on behalf of, the other party.

Neither party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, telecommunications or information services infrastructure failures, hacking, spam, any failure of a computer, server, or software, or acts or omissions of vendors or suppliers, beyond the control of the parties.

If you wish to contact us please reach out to our customer service team.