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User will be legally bound by this Agreement and should read it carefully. If User does not accept the terms of this Agreement, User should not use the Site.
In using the Site to order a Product, User must establish an account with MKF Collection that is accessible using a user name and password selected by User. User’s username and password must comply with whatever protocol is at any given time established by MKF Collection for user names and passwords, and must not be disclosed by User to third parties. User (a) is responsible for maintaining the confidentiality of User’s user name and password, and (b) must immediately notify MKF Collection in writing of any loss, or any unauthorized access, disclosure or use, of User’s user name or password. MKF Collection will not have any liability to User or any third party as a result of User’s failure to keep User’s username or password confidential and may at any time, in its sole discretion and without notice to User, terminate or temporarily disable User’s access to such account. In addition, MKF Collection may rely on any use of User’s user name or password, whether by User or a third party, as having been authorized by User, unless (a) User previously notified MKF Collection in writing of any loss, or any unauthorized access, disclosure or use, of User’s user name or password, (b) MKF Collection has had a reasonable opportunity of not less than five days to act on such notice and (c) Joey’s acting on such notice would have clearly avoided any third-party use of such account that was not authorized by User.
All right, title and interest in any content (including, but not limited to, all intellectual property rights therein) made available through the Site (collectively “Content”) belongs to, or is licensed by, MKF Collection, unless stated otherwise in writing by MKF Collection. User may access and use any Content solely in connection with User’s authorized use of the Site, and for no other purpose; provided, however, that User may not, in any case, use any Content for any purpose prohibited by (a) MKF Collection, in its sole discretion, after User receives notice of such prohibition, (b) this Agreement, or (c) any applicable law.
MKF Collection may rely on third parties to provide products, services and content in connection with the Site or this Agreement (individually a “Third-Party Vendor”), and MKF Collection will have no responsibility or liability with respect to any Third-Party Vendor or any Third-Party Vendor’s websites, products, services or content. A Third-Party Vendor may impose additional terms upon User’s use of such websites, products, services and content, and User will be bound by such terms just as though they are set forth in this Agreement in their entirety.
User is solely responsible and liable for (a) obtaining and maintaining all third-party equipment, software and services necessary to use the Site, (b) protecting access to, and security of, all equipment, software and services used to connect to the Site, (c) performing all of User’s obligations pursuant to this Agreement, (d) obtaining and maintaining appropriate licenses and rights for use of any third-party products (including, but not limited to, web-browser software), equipment or services in connection with using the Site, and for paying all fees associated therewith, (e) all fees payable pursuant to this Agreement as a result of the use by User or any third party of User’s account, user name or password, except as set forth in Section 3, (f) promptly reporting to MKF Collection in writing any defect or error in, shortcoming of, and other problem with, the Site, (g) User’s compliance with all applicable law in connection with all matters for which User is responsible hereunder and User’s use of the Site, and (h) obtaining through any third party any required approval, authorization, consent, license, permission and permit to use the site as contemplated herein.
MKF Collection may monitor User’s use of the Site to confirm that User is complying with User’s obligations pursuant to this Agreement or for other legitimate business purposes; provided, however, that MKF Collection has no obligation to do so and any such monitoring will be at MKF Collection’s sole discretion. MKF Collection will have no liability to User or any third party in connection with its monitoring (or not monitoring) such use.
The Site may contain links to other websites that are not maintained by MKF Collection. MKF Collection is not responsible for any content contained on such other websites or otherwise with respect to such other websites. No link on the Site to another website, or on another website to the Site is an endorsement, sponsorship or recommendation by MKF Collection of such other website and the link is provided only for User’s convenience. MKF Collection will have no responsibility or liability to User or any third party as a result of any link between the Site and another website.
This Agreement shall be in effect as of the date User accepts the terms of this Agreement and continue in effect until the earlier of (a) User’s permanently terminating User’s account on the Site or (b) MKF Collection’s sending notice to User that MKF Collection is terminating this Agreement, whether with or without cause. All provisions of this Agreement that, by their nature, are intended to survive termination of this Agreement shall survive any such termination and may be enforced by a party at any time after such termination, subject only to any applicable statute of limitations.
User shall indemnify, defend and hold harmless MKF Collection of all costs, damages, expenses, fines, liabilities, losses, penalties and other payments (including, but not limited to, fees and disbursements of counsel to MKF Collection) resulting of, or related to, (a) User’s failure to perform any obligation or assume any responsibility pursuant to this Agreement, (b) any warranty or representation made by User in this Agreement being untrue or misleading in any respect, (c) any unauthorized use of the Site by User, (d) any unauthorized use by a third-party of User’s account, user name or password, except as set forth in Section 3, (e) any products, services or content of Third-Party Vendors, or (f) except to the extent MKF Collection is grossly negligent or engages in intentional misconduct, any use of the Site.
THE SITE IS MADE AVAILABLE TO USER “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, MKF COLLECTION DISCLAIMS All IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to User.
MKF COLLECTION WILL NOT BE LIABLE TO USER OR ANY THIRD PARTY WITH RESPECT TO THE SITE, THIS AGREEMENT OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES. EXCEPT ONLY IN THE CASE OF ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY MKF COLLECTION, IN NO EVENT WILL ANY LIABILITY OF MKF COLLECTION WITH RESPECT TO THE SITE, THIS AGREEMENT OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY USER OR (B) $100. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT), EVEN IF THE POSSIBILITY OF ANY DAMAGES SHOULD HAVE BEEN FORESEEN BY MKF COLLECTION, AND EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to User.
Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If, however, any such provision is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.
MKF Collection may revise any provision of this Agreement at any time by (a) posting the revised provision so that it is accessible to User on the Site, or (b) notifying User of the revised provision in an email message or other notice sent to User at the address for User in MKF Collection’s records. Any such revision will be effective immediately upon the earlier of such posting, sending such email message or five days after such notice is placed in regular mail, with postage prepaid, as set forth in this Section. User is responsible for periodically checking this policy on the Site for revisions to this policy. Any other revision to this Agreement must be in a writing signed by MKF Collection and User.
This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws of the State of New York, without regard to its principles of conflict of laws. Any complaint of User relating to the Site or this Agreement must first be submitted to MKF Collection as set forth in Section 16, and MKF Collection must be given a reasonable opportunity of not less than 30 days to investigate and respond to such complaint. Upon MKF Collection’s completing such investigation and so responding, User and MKF Collection must then attempt, in good faith, to promptly resolve any remaining aspects of such complaint. If any aspect of such complaint remains unresolved after a reasonable period of time of not less than 30 days, and User desires to pursue other remedies, User may, within one year after MKF Collection received User’s initial complaint, commence litigation against MKF Collection in connection with the unresolved portion of such complaint only in a court located in New York City and having subject matter jurisdiction over such complaint. User consents to any such court being a proper venue for such complaint, and waives any right to object to such court being an improper venue, whether for inconvenience or otherwise. If any such complaint is submitted to a court as set forth herein, User (a) waives any right User may have to a jury trial, (b) consents to all findings of fact being determined by the presiding judge, and (c) waives any right to bring or join any claim against MKF Collection as a member or other participant in any class action or other similar form of litigation.
User must send notices to MKF Collection relating to the Site or this Agreement at www.MKF Collection.com. Any such notice will be effective upon actual receipt by MKF Collection. MKF Collection may send notices to User relating to the Site or this Agreement through e-mail, regular mail or a general posting on the Site. Any such notice by MKF Collection MKF Collection will be effective (a) immediately upon MKF Collection’s sending such notice to the address it has in its records for User in the case of e-mail, (b) five days after MKF Collection’s sending such notice to the address it has in its records for User, with postage prepaid, in the case of regular mail, and (c) immediately upon User’s entering the Site after such notice is posted on the Site.
No failure of MKF Collection to exercise, and no delay by MKF Collection in exercising, any right or remedy under this Agreement shall be a waiver of such right or remedy. No waiver of any such right or remedy shall be effective unless made in a writing signed by MKF Collection, and specifically referring to each such right or remedy being waived.
There are no third-party beneficiaries of this Agreement, and no provision of this Agreement can be enforced or relied upon by any third party.
This Agreement (a) inures to the benefit of, and is binding upon, User and MKF Collection and each of User’s and MKF Collection’s successors and assignees, except that User may not assign any of User’s rights or obligations under this Agreement without first obtaining the written consent of MKF Collection, and (b) constitutes the entire agreement between User and MKF Collection with respect to the subject matter of this Agreement, and supersedes all prior oral and written proposals, representations, understandings and agreements. Any attempt by User to assign to a third party any right or remedy hereunder will be null and of no effect. MKF Collection may, in its sole discretion, assign or otherwise transfer this Agreement to a third party (including, but not limited to, an affiliate of MKF Collection). To the extent there is any conflict or inconsistency between any provision of this Agreement and any provision contained on the Site (not including the Terms of Sale), the former will control.
User represents and warrants to MKF Collection that User (1) has carefully read this Agreement, (2) is entering into this Agreement on User’s own behalf, and (3) has sufficient capacity to enter into this Agreement.
In using the Site, User accepts the terms of this Agreement. If User does not accept such terms, User should not use the Site.
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