TERMS OF USE
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BY
ACCESSING OR USING THE BLOG, WEBSITE, OR APP AND ASSOCIATED SERVICES IN
ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS TO THE METAPOD.LIFE SITE, YOU
ARE AGREEING TO THE TERMS OF USE BELOW AS WELL AS THE PRIVACY POLICY ,
AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME.
OVERVIEW
This
website and any associated blog and/or app is/are operated by JADC LLC.
Throughout the site and any associated blog and/or app, the terms “we”,
“us” and “our” refer to JADC LLC. JADC LLC offers this blog, website,
or app, including all information, tools and services available from
this blog, website, or app, to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here.
By visiting our blog, website, or app and/ or purchasing something from
us, you engage in our “Service” and agree to be bound by the following
terms and conditions (“Terms of Service”, “Terms”), including those
additional terms and conditions and policies referenced herein and/or
available by hyperlink. These Terms of Service apply to all users of our
blog, website, or app, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of
content. Please read these Terms of Service carefully before accessing
or using our blog, website, or app. By accessing or using any part of
the blog, site or app, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement,
then you may not access our blog, website, or app, or use any services.
If these Terms of Service are considered an offer, acceptance is
expressly limited to these Terms of Service. Any new features or tools
which are added to our current blog, website, or app shall also be
subject to the Terms of Service. You can review the most current version
of the Terms of Service at any time on this page. We reserve the right
to update, change or replace any part of these Terms of Service by
posting updates and/or changes to our blog, website, or app. It is your
responsibility to check this page periodically for changes. Your
continued use of or access to our blog, website, or app following the
posting of any changes constitutes acceptance of those changes. Our
blog, website, and/or app is hosted on Blogger.com. They provide us with
the online e-commerce platforms which allow us to sell our products and
services to you.
SECTION 1 - ONLINE STORE TERMS
Submissions
and use of our Blog, Website, and/or App are made available only to
persons over the age of 13 and to persons who can form legally binding
agreements under applicable law. Although users of all ages are welcome
to browse and navigate our Blog, Website, and/or App, our Blog,
Website, and/or App is not intended to be used by children under the age
of 13 and children under the age of 13 are not to submit any personally
identifying information through our Blog, Website, and/or App. In
addition, you may only establish a customer account if you are at least
the age of majority in your state, province, and/or country of residence
and 18 years of age or over. In order to purchase products/services
from our Blog, Website, and/or App and in order to access/use some
features on our Blog, Website, and/or App, you may be required to
establish and use a customer account. In addition to your name and
contact information, you may be required to submit a valid credit card
number, billing address, and related billing information in connection
with your customer account. When you register for a customer account you
must (i) provide accurate and truthful information, and (ii) update
such information from time to time as necessary to keep your
registration information current and accurate. By establishing a
customer account, you represent and warrant you have the right and are
authorized to provide the information you provide when you register for
the account. You are responsible for maintaining the confidentiality of
your account information and password and for restricting access to such
information and to your computer. All activities that occur under your
customer account or password shall be your responsibility.
By
agreeing to these Terms of Service, you represent that you are able to
form legally binding agreements under applicable law, or that you are at
least the age of majority in your state, province, and/or country of
residence and you have given us your consent to allow any of your minor
dependents to use our blog, website, or app.
You
may not use our products for any illegal or unauthorized purpose nor
may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
You
must not transmit any worms or viruses or any code of a destructive
nature. A breach or violation of any of the Terms will result in an
immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We
reserve the right to refuse service to anyone for any reason at any
time. You understand that your content (not including credit card
information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over
networks. You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Service, or access to the
Service or any contact on our blog, website, or app through which the
service is provided, without express written permission by us. The
headings used in this agreement are included for convenience only and
will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We
are not responsible if information made available on our blog, website,
or app is not accurate, complete or current. The material on our blog,
website, or app is provided for general information only and should not
be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources
of information. Any reliance on the material on our blog, website, or
app is at your own risk. This blog, website, or app may contain certain
historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to
modify the contents of our blog, website, or app at any time, but we
have no obligation to update any information on our blog, website, or
app. You agree that it is your responsibility to monitor changes to our
blog, website, or app.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices
for our products are subject to change without notice. We reserve the
right at any time to modify or discontinue the Service (or any part or
content thereof) without notice at any time. We shall not be liable to
you or to any third-party for any modification, price change, suspension
or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain
products or services may be available exclusively online through our
blog, website, or app. These products or services may have limited
quantities and are subject to return or exchange only according to our
Shipping & Return Policy. We have made every effort to display as
accurately as possible the colors and images of our products that appear
at our blog, website, or app. We cannot guarantee that your computer
monitor's display of any color will be accurate. We reserve the right,
but are not obligated, to limit the sales of our products or Services to
any person, geographic region or jurisdiction. We may exercise this
right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All descriptions
of products or product pricing are subject to change at anytime without
notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or
service made on our blog, website, or app is void where prohibited. We
do not warrant that the quality of any products, services, information,
or other material purchased or obtained by you will meet your
expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We
reserve the right to refuse any order you place with us. We may, in our
sole discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by
or under the same customer account, the same credit card, and/or orders
that use the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify you by
contacting the e-mail and/or billing address/phone number provided at
the time the order was made. We reserve the right to limit or prohibit
orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors. You agree to provide current, complete and
accurate purchase and account information for all purchases made on our
blog, website store, or app. You agree to promptly update your account
and other information, including your email address and credit card
numbers and expiration dates, so that we can complete your transactions
and contact you as needed. For more detail, please review our Shipping
& Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We
may provide you with access to third-party tools over which we neither
monitor nor have any control nor input. You acknowledge and agree that
we provide access to such tools ”as is” and “as available” without any
warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or
relating to your use of optional third-party tools. Any use by you of
optional tools offered through our blog, website, or app is entirely at
your own risk and discretion and you should ensure that you are familiar
with and approve of the terms on which tools are provided by the
relevant third-party provider(s). We may also, in the future, offer new
services and/or features through our blog, website, or app (including,
the release of new tools and resources). Such new features and/or
services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain
content, products and services available via our Service may include
materials from third-parties. Third-party links on our blog, website, or
app may direct you to third-party blogs, websites, or apps that are not
affiliated with us. We are not responsible for examining or evaluating
the content or accuracy and we do not warrant and will not have any
liability or responsibility for any third-party materials or blogs,
websites, or apps, or for any other materials, products, or services of
third-parties. We are not liable for any harm or damages related to the
purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party blogs, websites, or
apps. Please review carefully the third-party's policies and practices
and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If,
at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you
agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence; (2) to pay compensation for
any comments; or (3) to respond to any comments. We may, but have no
obligation to, monitor, edit or remove content that we determine in our
sole discretion are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates
any party’s intellectual property or these Terms of Service. You agree
that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal
or proprietary right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way affect
the operation of the Service or any related blog, website, or app. You
may not use a false e-mail address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to the origin of
any comments. You are solely responsible for any comments you make and
their accuracy. We take no responsibility and assume no liability for
any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your
submission of personal information through the store is governed by our
Privacy Policy. To view our Privacy Policy go to PRIVACY POLICY.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our blog, website, or app, or in the
Service that contains typographical errors, inaccuracies or omissions
that may relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. We reserve the
right to correct any errors, inaccuracies or omissions, and to change
or update information or cancel orders if any information in the Service
or on any related blog, website, or app is inaccurate at any time
without prior notice (including after you have submitted your order). We
undertake no obligation to update, amend or clarify information in the
Service or on any related blog, website, or app, including without
limitation, pricing information, except as required by law. No specified
update or refresh date applied in the Service or on any related
website, should be taken to indicate that all information in the Service
or on any related blog, website, or app has been modified or updated.
SECTION 12 - PROHIBITED USES
In
addition to other prohibitions as set forth in the Terms of Service,
you are prohibited from using our blog, website, or app or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international,
federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity,
race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will
affect the functionality or operation of the Service or of any related
blog, website, or app, other blog, website, or app, or the Internet; (h)
to collect or track the personal information of others; (i) to spam,
phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security
features of the Service or any related blog, website, or app, other
blog, website, or app, or the Internet. We reserve the right to
terminate your use of the Service or any related blog, website, or app
for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We
do not guarantee, represent or warrant that your use of our service
will be uninterrupted, timely, secure or error-free. We do not warrant
that the results that may be obtained from the use of the service will
be accurate or reliable. You agree that from time to time we may remove
the service for indefinite periods of time or cancel the service at any
time, without notice to you. You expressly agree that your use of, or
inability to use, the service is at your sole risk. The service and all
products and services delivered to you through the service are (except
as expressly stated by us) provided 'as is' and 'as available' for your
use, without any representation, warranties or conditions of any kind,
either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement. In no case
shall JADC LLC, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be
liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of
data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured
using the service, or for any other claim related in any way to your use
of the service or any product, including, but not limited to, any
errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or
product) posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability
for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent
permitted by law.
SECTION 14 - INDEMNIFICATION
You
agree to indemnify, defend and hold harmless JADC LLC and our parent,
subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising
out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a
third-party.
SECTION 15 - SEVERABILITY
In
the event that any provision of these Terms of Service is determined to
be unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The
obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes. These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service
at any time by notifying us that you no longer wish to use our
Services, or when you cease using our our blog, website, or app. If in
our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we also may
terminate this agreement at any time without notice and you will remain
liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part
thereof).
SECTION 17 - ENTIRE AGREEMENT
The
failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or
provision. These Terms of Service and any policies or operating rules
posted by us on our blog, website, or app, or in respect to The Service
constitutes the entire agreement and understanding between you and us
and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral
or written, between you and us (including, but not limited to, any prior
versions of the Terms of Service). Any ambiguities in the
interpretation of these Terms of Service shall not be construed against
the drafting party.
SECTION 18 - GOVERNING LAW
These
Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws
of The State of New Mexico, United States of America.
SECTION 19 - CHANGES TO TERMS OF USE
You
can review the most current version of the Terms of Service at any time
at this page. We reserve the right, at our sole discretion, to update,
change or replace any part of these Terms of Service by posting updates
and changes to our blog, website, or app. It is your responsibility to
check our blog, website, or app periodically for changes. Your continued
use of or access to our our blog, website, or app, or the Service,
following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@metapod.life.