| Ownership | This site, and each of its modules, is the copyrighted property of The Miracle Merchant. All other trademarks, service marks, and logos used on this site are for information purposes only and are the property of their respective owners. None of the content or data found on this site may be reproduced, republished, reused, distributed, sold, transferred, or modified without the express written permission of The Miracle Merchant. Unauthorized use of this site and/or materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked or computers is prohibited. | | Your Conduct | You agree to use the site only for lawful purposes. You are prohibited from posting on or transmitting through the site any unlawful, harmful, libelous, threatening, abusive, indecent, inflammatory, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material or insidious software that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to access the site by any means other than through the interface that is provided by us for use in accessing the site. | | Age and Responsibility | You represent that you are at least 18 years of age and are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information. | | Privacy | You have read The Miracle Merchant Privacy & Security Policy, terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by The Miracle Merchant in accordance with the terms of and for the purposes set forth in The Miracle Merchant Privacy & Security Policy. | | Limitation of Liability | The Miracle Merchant assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, or media from this site. In no event shall The Miracle Merchant or any third party providers be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (1) any use of this site or content herein, (2) any failure or delay, or (3) the performance or non-performance by The Miracle Merchant or any third party providers, even if such party has been advised of the possibility of damages to such parties or any other party. If, notwithstanding the foregoing, The Miracle Merchant, or any third party provider should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of The Miracle Merchant and third party providers shall in no event exceed, in the aggregate, the greater of (a) the cost of purchased products, or (b) US $100.00. In its sole discretion, in addition to any rights or remedies available to The Miracle Merchant without any liability whatsover, may at any time and without notice may terminate or restrict your access to any component of this site. | | Indemnification | You agree to defend and indemnify The Miracle Merchant, and any third party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site. | | Links | This site contains links to other web sites, which are provided solely as a convenience to you and not as an endorsement by The Miracle Merchant or its third party providers of the contents of such other web sites. Neither The Miracle Merchant, nor any third party provider shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. | | Relationship | The relationship between The Miracle Merchant, and you will be that of independent distributor and customer, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. | | Governing Law | This Agreement and its performance shall be governed by the laws of the state of California, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Orange County, the state of California, United States of America, in all questions and controversies arising out of your use of this site and this Agreement. | | Assignment | You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. | | Modification | The Miracle Merchant may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use. | | Additional Terms | Additional terms and conditions may apply to The Miracle Merchant forum, and purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions. | | Severability | These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. | | Headings | The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions. | | Entire Agreement | These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site. |
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