1. Acceptance of Terms
Welcome to MEP Cosmetics (the "Website"). By accessing and using this Website, you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree with any part of these Terms, please do not use this Website.
2. Definitions
- "Website" refers to www.mepcosmetic.com and all its content, features, and services.
- "User," "you," or "your" refers to any person accessing or using the Website.
- "We," "us," or "our" refers to MEP Cosmetics LLC.
- "Content" refers to all text, images, videos, software, and other materials available on the Website.
- "Services" refers to any services provided by us through the Website.
3. Use of the Website
- You agree to use the Website only for lawful purposes.
- You agree not to engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
- You agree not to use the Website to transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind.
- You agree not to upload or transmit any material that contains viruses, Trojan horses, worms, time-bombs, cancelbots, or other harmful or disruptive components.
- You agree not to attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website.
4. Intellectual Property
- All Content on the Website, including but not limited to text, graphics, logos, images, and software, is the property of MEP Cosmetics LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws.
- You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content without our prior written consent.
- If users upload content to your website, clarify the ownership of that content, and what license they are granting you.
5. User-Generated Content
- If the Website allows users to post or upload content, you are solely responsible for the content you post.
- You grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
- We have the right, but not the obligation, to monitor and remove any content that we deem inappropriate.
6. Links to Third-Party Websites
- The Website may contain links to third-party websites. These links are provided for your convenience only, and we do not endorse or assume any responsibility for the content or practices of these websites.
- You access third party websites at your own risk.
7. Disclaimer of Warranties
- The Website and its Content are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied.
- We do not warrant that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.
- We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. Limitation of Liability
- In no event shall MEP Cosmetics LLC be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website or the Content.
- This limitation of liability applies whether the claim is based on warranty, contract, tort, or any other legal theory.
9. Indemnification
- You agree to indemnify and hold MEP Cosmetics LLC harmless from any claims, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Website or any violation of these Terms.
10. Governing Law
- These Terms shall be governed by and construed in accordance with the laws of The United States of America, without regard to its conflict of law principles.
11. Changes to These Terms
- We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website.
- Your continued use of the Website after any changes constitutes your acceptance of the new Terms.
12. Contact Information
13. Severability
- If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
14. Entire Agreement
- These Terms constitute the entire agreement between you and MEP Cosmetics LLC with respect to the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written.
E-Commerce Clause
1. Product Information:
- We make every effort to display accurate and up-to-date information about our products, including descriptions, prices, and availability. However, we do not warrant that product descriptions or other content are accurate, complete, reliable, current, or error-free.
- We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
2. Orders and Payment:
- By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
- We accept various forms of payment, as indicated on the Website. You represent and warrant that you are authorized to use the payment method you provide.
- We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraud.
- Prices for products are subject to change without notice.
- Sales tax will be added to your order as required by law.
3. Shipping and Delivery:
- Shipping and delivery dates are estimates only and are not guaranteed.
- We are not responsible for delays caused by shipping carriers or other factors beyond our control.
- Risk of loss and title for items purchased from us pass to you upon our delivery to the carrier.
- Shipping costs will be calculated and displayed at checkout.
4. Returns and Refunds:
- Our return and refund policy is outlined in our separate "Return Policy" document, which is incorporated by reference into these Terms and Conditions. Please review the return policy before placing an order.
- Unless otherwise stated in the return policy, all sales are final.
5. Warranty and Disclaimer:
- We warrant that our products will conform to their product descriptions.
- Except as expressly stated in this clause, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
- Some states do not allow limitations on implied warranties, so the foregoing limitation may not apply to you.
6. Limitation of Liability:
- To the fullest extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website or the purchase of our products.
- In no event shall our total liability to you exceed the amount you paid for the product.
7. Governing Law and Dispute Resolution:
- These Terms and Conditions and your use of the Website shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of law principles.
- Any dispute arising out of or relating to these Terms and Conditions shall be resolved through Mediation in Harrisburg, PA.
- You agree to waive any rights to participate in a class-action lawsuit.
8. Compliance with U.S. Law:
- We comply with all applicable U.S. laws and regulations, including but not limited to the Federal Trade Commission (FTC) guidelines and the Uniform Commercial Code (UCC).
Website Account Creation Clause
1. Account Creation and Eligibility:
- To access certain features of our website [Your Website URL] (the "Website"), you may be required to create an account.
- You must be at least 18 years of age or the legal age of majority in your jurisdiction to create an account, unless we offer features that comply with the Children's Online Privacy Protection Act (COPPA) for younger users.
- By creating an account, you represent and warrant that all information you provide is accurate, current, and complete.
2. Account Responsibilities:
- You are responsible for maintaining the confidentiality of your account credentials, including your username and password.
- You are responsible for all activities that occur under your account.
- You agree to notify us immediately of any unauthorized access to or use of your account.
- We are not liable for any loss or damage arising from your failure to protect your account information.
3. Account Information:
- You agree to provide accurate and complete information when creating your account and to update your information as necessary.
- We reserve the right to verify the information you provide and to suspend or terminate your account if we determine that it is inaccurate or incomplete.
- Our use of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms and Conditions.
4. Account Termination:
- We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms and Conditions.
- You may terminate your account at any time by following the instructions provided on the Website.
- Upon termination of your account, your access to certain features of the Website may be restricted or terminated.
5. Compliance with COPPA (if applicable):
- If your website offers features for children under 13, you must comply with COPPA.
- You must obtain verifiable parental consent before collecting personal information from children under 13.
- You must provide parents with the ability to review and delete their children's personal information.
- You must limit the collection of personal information from children to what is reasonably necessary for the activity.
6. Account Security:
- We take reasonable measures to protect your account information. However, no method of transmission over the internet or electronic storage is completely secure.
- You agree to use strong passwords and to take other reasonable precautions to protect your account.
7. Governing Law:
- This clause and your account creation and use of the website will be governed by the laws of the state of [Your State].
Force Majeure
We shall not be liable for any delay or failure in performance caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters,
war, terrorism, riots, embargoes, strikes, or governmental actions.