ERRORS AND INACCURACIES:
We strive to provide complete and accurate information on the website. Unfortunately, however, we are not able to ensure and do not represent and warrant that the website is completely free of human or technological errors. The website may contain typographical mistakes, inaccuracies, omissions and outdated information, some of which may relate to pricing and availability of products and services. We reserve the right (but are not obligated) to correct any errors, omissions or inaccuracies and to change or update information at any time without prior notice and without liability to you.
Please be aware that your computer settings may affect the display of products, and particularly colors. Feel free to contact us if you have questions about any of our products.
We reserve the right to refuse or cancel any account registration, or prohibit any person from using the Site for any reason whatsoever.
OWNERSHIP OF WEBSITE, COPYRIGHTS AND TRADEMARKS:
The website and all content contained herein (including, without limitation, photographs, images, text, graphics, artwork, button icons, software, audio clips, video clips, designs, logos, trademarks, trade dress, the layout and arrangement of the website and software and code used to design and develop the website) are protected by copyrights, trademarks, patents, intellectual property rights and other applicable laws, and are the exclusive property of MILL CITY MERCANTILE, INC. (“MILL CITY MERCANTILE”) and/or its subsidiaries, affiliates, licensors or third party content providers.
The names and marks MILL CITY MERCANTILE, MCM and all other marks depicted on the website, whether registered or unregistered, are trademarks or service marks of MILL CITY MERCANTILE, INC. and/or its subsidiaries, affiliates, licensors or third party content providers. Except as otherwise described herein, you shall have no right or license to use any trademark, logo or service mark displayed on the website without the owner’s prior written permission, which we may withhold in our sole and absolute discretion.
You agree that MILL CITY MERCANTILE may send electronic mail to you for the purpose of advising you of changes or additions to this website, about any of our products or services, or for such other purpose(s) MILL CITY MERCANTILE deems appropriate.
USE OF WEBSITE:
You may copy, electronically download or print hard copies of pages from the website solely for personal, non-commercial purposes related to placing an order or shopping with MILL CITY MERCANTILE.
When copying, downloading or printing content for your personal, non-commercial use, be advised that;
(i) You do not obtain any right, title or interest in the content.
(ii) You agree not to alter or delete any copyright, trademark or other intellectual property right notice that appears on the content.
(iii) You agree not to modify, alter or create derivative works from the content.
(iv) We do not represent or warrant that such use will not infringe the rights of any third parties not affiliated with us and we may revoke your ability to use the content in any fashion at any time in our sole discretion.
Any other use of the website, including, without limitation, accessing, modifying, deleting, downloading, copying, displaying, performing, publishing, distributing or transmitting the website or its content, in whole or in part, for any public or commercial purpose (without our prior written permission) or any unlawful purpose is strictly prohibited.
Your use of the website may not disrupt the operation of the website or our business or result in unauthorized access to the website, our network or data belonging to us or a third party. We reserve the right to terminate, limit or restrict your access to and use of the website at any time without notice. You will remain liable for any orders or charges made or incurred by you prior to any such termination.
CONTENT YOU SUBMIT:
You are responsible for any content you may submit via the website and certify that you own or have the authorization to use such material and that such material is accurate and appropriate. Except for information necessary to place an order, any comments, suggestions, ideas or other submissions sent to us will be deemed nonconfidential, and you hereby grant us and our affiliates a worldwide, irrevocable, royalty-free, nonexclusive and sub-licensable license to use, display, exhibit, distribute, reproduce, develop, market, broadcast, perform, transfer or otherwise exploit such content, and create derivative works therefrom, in any medium now known or later created.
You may not misrepresent yourself or the origin of any content you submit via the website by providing false names, contact information or other personal identifying information. You may not upload to, distribute or otherwise publish via the website any content that;
(i) is false, misleading, fraudulent, libelous, defamatory, obscene, indecent, offensive, threatening or otherwise illegal or inappropriate;
(ii) violates the intellectual property, privacy or other right of another;
(iii) constitutes a commercial, political or personal solicitation;
(iv) contains any form of malicious software (e.g., viruses, worms, malware, or other destructive code).
You agree to indemnify and hold us, our officers, directors, employees and affiliates harmless from any damages, claims or causes of action arising from or related to your violation of the foregoing. We may remove any content you submit at any time for any reason.
Nothing contained on the website shall constitute a binding offer to sell any products displayed herein and all orders are subject to our acceptance.
Any time after receipt of your order, we may, in our sole discretion, accept or decline all or part of your order or any future orders. We will issue a credit to your original form of payment if you were previously charged.
If a product is listed at an incorrect price, we may refuse or cancel orders placed for such product, in accordance with applicable law, and will issue a credit to your original form of payment if you were previously charged.
You may not purchase our products with the intent of engaging in commercial resale activities.
Please be advised that different assortments of merchandise may be found on the website and our retail store partners.
THIRD PARTY SITES:
BY YOUR USE OF THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
THE WEBSITE, ITS CONTENT AND THE INFORMATION AND SERVICES AVAILABLE ON OR THROUGH IT, ARE PROVIDED "AS IS" WITH ANY AND ALL FAULTS, AND MILL CITY MERCANTILE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING OR COMMUNICATION WITH US.
THE INTERNET IS AN UNPREDICTABLE MEDIUM AND PROBLEMS FREQUENTLY OCCUR. SUNSET & BOWERY DOES NOT WARRANT THAT THE WEBSITE’S OPERATIONS OR CONTENT WILL BE UNINTERRUPTED, SECURE OR FREE OF ERROR. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR EQUIPMENT, OR LOSS OF DATA ARISING FROM YOUR USE OF THE WEBSITE, INCLUDING THE DOWNLOAD OF MATERIALS FROM THE SITE.
THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY:
BY YOUR USE OF THE WEBSITE, YOU ACKNOWLEDGE, AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND UNDERSTAND AND ASSUME THE RISKS OF SENDING INFORMATION VIA AND CONDUCTING TRANSACTIONS OVER THE INTERNET.
YOU ACKNOWLEDGE AND AGREE THAT MILL CITY MERCANTILE AND/OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR THIRD PARTY CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO THE WEBSITE AND YOUR USE OF THE WEBSITE, YOUR USE OF A SITE LINKED TO FROM THE WEBSITE, THE PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE (EXCEPT AS PROVIDED IN OUR RETURN POLICY, THE UNAUTHORIZED ACCESS TO, LOSS OF OR USE OF DATA, ANY FAILURES OF PERFORMANCE, ERRORS OR OMISSIONS, NETWORK OR INTERNET DELAYS OR FAILURES OR THE ACTIONS OF THIRD PARTIES WHO USE THE SITE, WHETHER SUCH DAMAGES, CLAIMS OR CAUSES OF ACTION ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE AND EVEN IF WE ARE NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES.
THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION.
YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MILL CITY MERCANTILE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE IS TO DISCONTINUE YOUR USE OF THE WEBSITE. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THIS LIMITATION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
APPLICABLE LAW AND FORUM SELECTION:
You agree and consent to personal jurisdiction in any federal or state court within the Commonwealth of Massachusetts. You agree that any claim or cause of action you may have with respect to MILL CITY MERCANTILE, our officers, directors, employees and affiliates or the website must be commenced within one (1) year after the claim or cause of action arose.
You agree that no failure or delay by us in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.