Last Modified: June 23, 2023
PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH MAC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
The Services are not intended for the use of children under 18 and no such person is authorized to use them. By using the Services, you are representing that you are at least 18 years old. You also represent, by accessing or using the Services, that you are of legal age to enter into legal agreements.
“Content” means, collectively, all text, graphics, user interfaces, visual interfaces, trademarks, logos, sounds, artwork, and computer code in the Services.
“Linked Sites” means any links from the Services to other independent third-party websites.
“Products” means items that are available for purchase on the Services.
“Services” means MAC's online applications, MAC’s mobile applications, including without limitation MSmartHome, MAC’s services, and the Website.
“Submission” means any submission, user content, feedback, reviews, comments or suggestions you may provide regarding the Products and Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag).
“User” means the person or entity that enters into this Agreement and utilizes the Services.
2. Proprietary Rights
2.1 As between you and MAC, MAC reserves all rights, title, and interest in and to the Services, including all related intellectual property rights, subject to the limited rights expressly granted hereunder.
2.2 MAC, the MAC logo, and all other related names and logos are trademarks or registered trademarks of MAC. All other names, team names, and logos on the Services are trademarks or registered trademarks of their respective owners, where applicable. Reference to any third party-owned trademarks herein is for informational purposes only and is not intended to indicate or imply any affiliation, association, sponsorship or endorsement by any owners of such third party-owned trademarks.
2.5 Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by MAC and that the information is submitted to MAC in compliance with all applicable laws.
2.6 You may not create, post, store or share any Submissions that violate these Terms (including, without limitation, the restrictions set forth in Section 4 below) or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your Submissions, and our use of such content as permitted by these Terms, will not violate any rights of, or cause injury to, any person or entity. Although we have no obligation to screen, edit or monitor Submissions, we may delete or remove Submissions at any time and for any reason with or without notice.
3. Terms of Purchase; Payment
3.1 By purchasing Products, you agree to pay the fees associated with your purchase and any applicable taxes. We reserve the right to increase charges from time to time, but we will provide notice of the changes applicable to you before you complete your transaction.
3.2 Our return policy for our Products is set forth at this link: https://www.midea.com/us/support/faq/return-policy/midea-return-policy. Except as expressly set forth herein, all fees are non-cancelable and nonrefundable.
3.3 Only valid payment methods acceptable to us may be used to complete a purchase. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes, fees, delivery, shipping and handling charges).
3.4 We use third party providers to host our e-commerce site and to process all payments. MAC's relationship with such third parties is contractual in nature, as each such third party is a third-party vendor to MAC, and they are not subject to MAC's direction or control; thus, the relationships are not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
4. Use of Services; Acceptable Use Policy
4.1 You agree to immediately notify us of any breach of security that you become aware of involving or relating to your use of the Services by emailing email@example.com. In addition, you agree to keep confidential any username(s) and password(s) associated with accounts created on our Services and with our business partners and payment processors, and to exit from your user account at the end of each session. MAC explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
4.2 You represent and warrant that your use of the Services will comply with all applicable federal, state, and local laws and regulations.
4.3 The Services are for your personal use only. Users of the Services may download or print the materials on the pages of the Services for personal, non-commercial use, provided that you do not modify or alter the materials in any way or delete or change any copyright or trademark notice. None of the information on the Services may be copied, distributed or transmitted in any way for commercial use without the express written consent of MAC. MAC reserves full ownership of and intellectual property rights in any materials downloaded from the Services.
4.4 In connection with your use of the Services, you agree that you will not:
4.4.1 interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
4.4.2 violate any local, state, provincial, national, or other law or regulation, or any order of a court;
4.4.3 “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;
4.4.4 display, mirror or frame the Services, or any individual element within the Services, MAC's name, any MAC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MAC's express written consent;
4.4.5 post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
4.4.6 access, tamper with, or use non-public areas of the Services, MAC's computer systems, or the technical delivery systems of MAC's providers;
4.4.7 attempt to probe, scan, or test the vulnerability of any MAC system or network or breach any security or authentication measures;
4.4.8 avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by MAC or any of MAC's providers or any other third party (including another user) to protect the Services or any of the content on the Services;
4.4.9 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
4.4.10 use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise; or
4.4.11 advocate, encourage, or assist any third party in doing any of the foregoing.
4.5 Any conduct by a User that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited.
4.6 MAC reserves the right, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services at any time; (b) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (c) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
5. Copyright Policy
We do not permit copyright infringing activities or infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
● An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
● description of the copyrighted work that you claim has been infringed;
● description of the material that you claim is infringing and where it is located on the Services;
● identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
● your address, telephone number, and email address;
● statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
● statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at MAC.firstname.lastname@example.org with “DMCA Notice” in the subject line or by mail at Copyright Agent, c/oMidea America Corp., 300 Kimball Drive, Parsippany, NJ 07045.
Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.
6. Term; Suspension; Termination
6.2 With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
6.3 The provisions of this Agreement concerning prohibited activities, copyrights, trademarks, Submissions, disclaimers, limitation of liability, resolution of disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement.
7. Disclaimers; Limitation of Liability
7.1 Your use of our Products and Services is at your sole risk. Except as otherwise provided in writing by us, our Products and Services are provided on an “as is”, “as available”, and “with all faults” basis, without warranties or representations of any kind, either express or implied. To the fullest extent permitted by law, MAC and its subsidiaries, affiliates, and each of its and their respective employees, directors, officers, shareholders, agents, vendors, licensors, contractors, successors and assigns (collectively, the “MAC Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise related to these Terms, the Products, the Services or the Content.
7.2 Although we strive to describe our Products and Services accurately, we do not guarantee that such specifications or services are accurate, complete, reliable, current or error-free. Furthermore, while we attempt to ensure that your use of our Services is secure and safe, we cannot and do not represent that our Services or servers are free of viruses or other harmful components. You expressly assume the entire risk as to the quality and performance of the Services. Our Products may be subject to other restrictions and requirements under applicable law, and you are solely responsible for researching what legal restrictions and requirements may apply to your purchases from us.
7.3 THE MAC PARTIES HEREBY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY THE MAC PARTIES OR THEIR SUPPLIERS WITH RESPECT TO A PHYSICAL PRODUCT SOLD BY THE MAC PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW.
7.4 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE MAC PARTIES BE RESPONSIBLE OR LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, UNLESS OTHERWISE SPECIFIED IN WRITING BY MAC. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY OF THE EVENTS OR CIRCUMSTANCES GIVING RISE TO SUCH DAMAGES WERE FORESEEABLE AND EVEN IF THE MAC PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
7.6 BY USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
7.7 THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE FOREGOING SECTIONS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7.8 Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
9. Governing Law
You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the State of New Jersey excluding: (a) its conflicts of law principles; and (b) the United Nations Convention on Contracts for the International Sale of Goods.
10. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH MAC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Location. The location of the arbitration shall be in Newark, New Jersey].
Authority of Arbitrator(s). As limited by the AAA Rules and these Terms, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.
11. Users Outside of the United States
11.1 While the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.
12. SMS Text Messaging
12.3 SMS/MMS MOBILE MESSAGING OPT-OUT: If you do not wish to continue to receive mobile messages, please reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Client in order to opt out. You may receive an additional mobile message confirming your decision to opt out.
13.1 The Services may contain Linked Sites, which are provided solely as a convenience to our user. Such Linked Sites are not under MAC's control and MAC is not responsible for and does not endorse the content of such Linked Sites, including any information, products, services or materials contained on such Linked Sites.
13.6 This Agreement is binding on the parties hereto and their respective successors and permitted assigns. User may not assign this Agreement without the prior written consent of MAC. Any assignment in violation of this section is void.
13.7 MAC's failure to perform any term or condition of this Agreement as a result of conditions beyond its control, including but not limited to, acts of God, war, strikes, fires, floods, governmental restrictions, power failures, pandemics or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement.
13.8 No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement.
13.9 No joint venture, partnership, employment, or agency relationship exists between User and MAC as a result of this Agreement or use of the Services.
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