MMI TERMS AND CONDITIONS
Welcome to IceandWine.com, the website of MMI Distribution, Inc. ("MMI"). We at MMI are happy to offer you the ultimate appliance store offering a collection of ice machines, refrigeration, wine cellars, toasters and various other appliances. We collectively refer to the services that we provide to you through this site, and our site itself, as the "Service."
GENERAL TERMS OF PURCHASE.
The purchase terms in the following paragraph relate to items available through the Service from MMI's affiliated retail companies:
The goods sold through this Service are shipped from the State of New York. Therefore, tax is charged and collected on all shipments within New York State. MMI does not currently ship from any other state within the United States, and therefore does not charge taxes for non-New York, domestic shipments. All items purchased from MMI are F.O.B. New York, and title to the purchased items passes to the customer at the time the goods are delivered to the carrier. Listed prices may be changed by MMI at any time without notice to you. The price listed on the Service does not guarantee that purchase price until payment is made. If an incorrect price is listed due to typographical or other error, MMI has the right to refuse or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is refused or canceled by MMI, MMI will promptly issue a credit to your credit card account in the amount of the charge.
If the machine you purchased is not functioning properly after
installation and under normal use, please contact us or the manufacturer directly in order to initiate a service request. Warranty coverage is provided by the manufacturer of each specific product and will use its best efforts to diagnose and repair the service issue in a timely fashion. The service call is to validate the service claim as well as to verify proper installation of the equipment. NO RETURNS OR EXCHANGES ARE CONSIDERED UNTIL AFTER THE PRODUCT IS INSPECTED BY AN AUTHORIZED REPRESENTATIVE. If the factory authorized technician cannot repair your
product, it will be replaced at no cost to you. If a non-authorized factory service agent tampers with the machine, it may void your warranty coverage. Returns are handled on a case-by-case basis only after the authorized technician has approved a replacement.
All content on the Service, including but not limited to text, graphics, logos, button icons, images, audio clips, software, or other material, whether or not having a copyright notice (©), see 17 U.S.C. 102 and 401, is owned by or licensed to MMI or its suppliers, and is protected by United States and international copyright laws and regulations. The content and software on the Service may be used as a personal shopping resource or may be downloaded for personal, non-commercial use provided all copyright and proprietary notices are retained. However, any other use, including but not limited to reproduction, modification, distribution, sale, transmission, republication, display, or performance is a violation of United States and international copyright laws and regulations and is strictly prohibited.
The following, without limitation, are trademarks of MMI or its affiliates:
MMI and its affiliates reserve all rights in these trademarks and all of their other trademarks, services marks, graphics, logos, names and designs. Said marks and materials may not be used without the prior written consent of MMI or its affiliates.
All other trademarks, services marks, product names, company names, and logos appearing on the Service are the trademarks of their respective owners. Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply the endorsement, sponsorship or recommendation by MMI
PROCESS AND TECHNOLOGY
You acknowledge that the Service is the property of MMI and that the ideas, technology, look and feel, techniques, methods, business practices, and procedures constituting the Service, including but not limited to the "purchase" process, are valuable assets owned by, or licensed to, MMI (collectively, the "MMI Technology"). All intellectual property rights and other rights with respect to the Service and the MMI Technology remain with MMI in perpetuity. Except as expressly set forth in these TOU, you shall have no rights of any nature in the Service or the MMI Technology. You expressly agree not to download, reverse engineer, reproduce or distribute any of the MMI Technology. You may not decompile, reverse engineer or otherwise modify any part of the Service or the MMI Technology.
PROPRIETARY RIGHTS TO CONTENT.
To the extent that you submit any information, text, photographs, video or other content to MMI or through the Service, you warrant and represent that any such content is your original work, has been legally obtained and created, and that publication of such content in various media will not infringe on or otherwise violate or defame any third party rights. You furthermore automatically grant -- or warrant that the owner of such content has expressly granted -- MMI a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to edit, publish, promote, remove, delete, modify and otherwise use such content without further permission, notice or compensation, in any and all media now known or hereafter invented.
As a user of the Service, you agree to the following:
You are solely responsible for the contents of your transmissions through the Service.
You agree: (1) to comply with all applicable laws, rules and regulations regarding your use of the Service and your purchase, solicitation of offers to purchase, and sale of items; (2) not to use the Service for fraudulent or illegal purposes; (3) not to interfere with or disrupt networks connected to the Service; (4) not to use the Service under a false name or to use an invalid email address or invalid or unauthorized credit card; (5) to comply with all applicable regulations, policies and procedures of networks connected to the Service; and (6) to comply with these TOU.
The Service makes use of the Internet to send and receive certain messages and to provide certain services; therefore, your conduct is subject to Internet regulations, policies and procedures. You will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
You agree not to transmit or offer for sale through the Service any unlawful, infringing, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or items of any kind or nature. You further agree not to transmit or offer for sale any material or items, or use the Service in any manner, that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with another person's or entity's use and enjoyment of the Service.
MMI may, at its sole discretion, immediately terminate your use of the Service (or any portion of the Service) should your conduct fail to conform with these TOU. MMI retains the right, but does not have the obligation, to immediately refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if MMI believes that a user's and/or customer's conduct violates the law, these TOU or is harmful to the interests of MMI, its affiliates, or the Service.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
MMI 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, NON-INFRINGEMENT, TITLE, FREEDOM FROM ERROR, INTERRUPTION, COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
MMI MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MMI MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MMI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, COMPLETENESS, USEFULNESS, OR RELIABILITY OF ANY INFORMATION, PRODUCTS, ITEMS OR MATERIALS OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE OR SAID INFORMATION, PRODUCTS, ITEMS OR MATERIALS WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MMI OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
The Service may provide links or references to other websites. No linking to this Service will be permitted without the explicit prior permission of MMI However, MMI has no control over or responsibility for content on third party sites and transactions that occur therein. MMI has provided links to other sites merely as a convenience to users, and shall not be liable for any damages or injury arising from content on such third party websites or transactions occurring therein.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL MMI (INCLUDING ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF MMI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, OR THE PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM OR THROUGH THE SERVICE, OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, OR THE INTERNET GENERALLY.
IN NO EVENT SHALL THE AGGREGATE, TOTAL LIABILITY OF MMI OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES, TO YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR ANY OTHER ASPECT OF YOUR RELATION WITH MMI EXCEED THE LESSER OF: (A) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF THIS SERVICE OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold MMI and our subsidiaries, parents, affiliates, officers, directors, employees, agents, and representatives harmless from and against any and all claims, demands, losses, liabilities, costs and expenses (including but not limited to attorneys' fees and legal costs) arising from or in connection with (a) your breach of these TOU, including any documents incorporated by reference; (b) your violation of any state, federal foreign or international laws, rules or regulations; (c) your violation of any third party's rights, including, but not limited to, infringement of any copyright, trademark or patent right, or a violation of any other proprietary or personal right (including, without limitation, privacy rights); or (d) your use of the Service. This obligation will survive the termination of these TOU.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE.
MMI owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on the Service, or via the Service, by third parties not within the control of MMI It is our policy not to permit materials known by us to be infringing to remain on this Service. You should notify us promptly if you believe any materials on the Service infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the DMCA, MMI will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. The MMI designated agent (i.e. proper party) to whom you should address such notice is listed at the bottom of this notice. It is the policy of MMI to terminate its contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.
The Service is intended for use in the United States only. The TOU shall be governed by and construed in accordance with the laws of the state of New York, excluding its conflict of law provisions. You and MMI agree to submit to the exclusive jurisdiction of the courts of the state of New York.
Failure by MMI to enforce any provision(s) of these TOU shall not be construed as a waiver of any provision or right. You and MMI are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these TOU. These TOU constitute the entire agreement between you and MMI with respect to the Service, and supersede all prior agreements or understandings, whether written or oral, between you and MMI with respect to the Service. If any provision of these TOU is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining TOU shall remain in full force and effect. These TOU inure to the benefit of MMI, its successors and assigns.
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MMI Distribution, Inc.