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PLEASE READ THIS MARCUS YORK AGREEMENT CAREFULLY
By using the MarcusYork.net, LLC website (the "Site"), you agree to follow and be bound by these Terms and Conditions (the "Terms") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms, the words "you" and "your" refer to each Client or Site visitor, "we", "us" and "our" refer to MarcusYork.net, LLC
It is your responsibility to review these Terms and Conditions periodically. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site. We may revise these Terms and Conditions at any time without notice to you. If you have any questions about these Terms and Conditions, please contact our customer service department at email@example.com.
YOU AGREE THAT BY USING THE SITE AND REGISTERING FOR AN ACCOUNT YOU ARE AT LEAST 18 YEARS OF AGE, OR VISITING THE SITE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.s
USE OF THE WEBSITE
Subject to the terms and conditions of this Agreement, MarcusYork.net hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of registration for an account, and shopping for personal items sold or offered on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by MarcusYork.net in advance and in writing. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by MarcusYork.net in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by MarcusYork.net in advance and in writing. MarcusYork.net reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if MarcusYork.net believes that client conduct violates applicable law or is harmful to Marcus York's interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of MarcusYork.net. Product representations expressed on this Site are not made by MarcusYork.net.
MarcusYork.net may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and MarcusYork.net has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify MarcusYork.net of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
This Site is owned and operated by MarcusYork.net, LLC All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Marcus York or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Marcus York, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Marcus York's intellectual property rights, whether by estoppel, implication or otherwise. You must contact our Customer Service department at firstname.lastname@example.org if you have any questions about obtaining such licenses. Marcus York does not sell, license, lease or otherwise provide any of the materials other than those specifically identified as being provided by Marcus York. Marcus York reserves any rights not expressly granted herein.
To request a credit refund, please or go to the "My Account" dashboard or contact our Customer Service department. All refunds are subject to our Refund Policy. In order to be eligible for a refund of store credit beyond 30 days, you must send an email to our claims department at: email@example.com
We will analyze your case and provide an answer by email within 10 business days.
Store credit refunds are at the sole discretion of MarcusYork.net.
Paying By Credit Card
For your convenience, when you place your first order, we will save your credit or debit card information and use it for all future purchases, unless you elect not to do so. We accept the following credit cards at this time: VISA, MasterCard, American Express and Discover Card. If your payment method on file reaches its expiration date and you do not edit or update your credit card information, you must provide updated payment information in order to complete your purchase. We encourage you to consistently update your payment method information.
Using Store Credits
Store credits can be used to do any type of purchase on Marcus York website. If you don't have enough store credits to make a product purchase, you can add a complement using your regular credit card. Additional fees such as international shipping, processing fees and taxes, if applicable, are additional and cannot be paid with credits. You cannot exchange credits for any other form of currency—they have no cash value. Marcus York reserves the right to change these terms and conditions at our discretion, and may terminate the credits program at any time. Refunds are at the sole discretion of MarcusYork.net.
SHIPPING, RETURNS AND EXCHANGES
Free shipping, free exchanges and easy return to and from addresses within the U.S of any merchandise ordered through the Site are subject to the Marcus York Shipping, Exchange and Return policies. Customers with addresses outside of the U.S and are welcome to purchase alternative shipping methods at their expense that allows tracking or insurance on the package. Please note that Marcus York does is not responsible for packages sent without tracking information. There is no exchange possible on any merchandise given away for free during a promotional operation. All products returned for a refund are subject to a $2.95 restocking fee, to be deducted from the amount refunded to the card used for purchase. Returns for a credit will not be charged the $2.95 restocking fee.
Replacement of products and credits to your account for shipped merchandises claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation your registration and refusal of service.
RISK OF LOSS
The risk of loss and title for items purchased by you pass to you upon Marcus York's delivery of the items to the carrier pursuant to the Marcus York Shipping Policy.
You may be charged local sales tax, if applicable.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations. Marcus York is not responsible for additional fees such as international shipping, processing fees and taxes, if applicable. Shopper must cover any applicable fees at the time of delivery, to accept the order.
Any order can be cancelled for 30 minutes after your purchase through the "My Account" dashboard. Passed this 30 minutes time period, the order is already processed and we are then unable to cancel it. Marcus York strives to ship orders swiftly and efficiently, so once placed, all orders are immediately transferred to our warehouse to be fulfilled. This is why we cannot cancel it when they are already processed and shipped. Don't hesitate to reach out to us for more information.
DEMAND FOR ARBITRATION
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. MarcusYork.net is committed to resolving all disputes in a fair, effective, and cost-efficient manner. Accordingly, our Terms and Conditions (the "Terms") provide that disputes will be resolved in binding arbitration or small claims court. MarcusYork.net's arbitration provision, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible. Among other things, it specifies that MarcusYork.net will bear all costs of arbitration (unless a customer's claims exceed $25,000 or an arbitrator determines that the claims are frivolous), and that, under certain circumstances (explained in the arbitration provision), MarcusYork.net will pay a premium if a customer receives an arbitration award greater than the value of MarcusYork.net's settlement offer, and will pay the customer's reasonable attorney's fees. As part of MarcusYork.net's commitment to a fair, effective, and cost-efficient resolution of all disputes, MarcusYork.net has made its current arbitration provision available to all current and former customers. MarcusYork.net will abide by the terms of its current arbitration provision in all instances. Customers whose Terms include arbitration provisions that differ from the current arbitration provision may arbitrate pursuant to the terms of either arbitration provision at their discretion. Similarly, former customers whose Terms did not include an arbitration provision may arbitrate their disputes under the current arbitration provision.
DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer's satisfaction by email our Customer Service department at firstname.lastname@example.org. In the unlikely event that Marcus York's Customer Service department is unable to resolve your complaint to your satisfaction or if MarcusYork.net has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $25,000, MarcusYork.net will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from MarcusYork.net to the same extent or more as you would in court. Under certain circumstances (as explained below), MarcusYork.net will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) his or her reasonable attorney's fees if the arbitrator awards you an amount greater than what MarcusYork.net offered you to settle the dispute.
(a) MarcusYork.net and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
For the purposes of this Arbitration Agreement, references to "MarcusYork.net "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and MarcusYork.net are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to MarcusYork.net should be addressed to: Notice of Dispute, General Counsel, MarcusYork.net, LLC, 499 7th Avenue (Fashion Tower), 19th Floor, South, 10018, New York, NY (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If MarcusYork.net and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MarcusYork.net may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by MarcusYork.net or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or MarcusYork.net is entitled.
(c) After MarcusYork.net receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $25,000. (Currently, the filing fee is $125 for claims under $10,000, but this is subject to change by the arbitration provider. If you are unable to pay this fee, MarcusYork.net will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
The arbitrator is bound by these Terms. Unless MarcusYork.net and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving MarcusYork.net. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which MarcusYork.net was a party. Except as otherwise provided for herein, MarcusYork.net will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse MarcusYork.net for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $25,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of MarcusYork.net's last written settlement offer made before an arbitrator was selected, then MarcusYork.net will:
If MarcusYork.net did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws MarcusYork.net may have a right to an award of attorney's fees and expenses if it prevails in an arbitration, MarcusYork.net will not seek such an award.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND MARCUS YORK.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS S IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and MarcusYork.net agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(g) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY MARCUS YORK ON AN "AS IS" BASIS. MARCUS YORK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MARCUS YORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. MARCUS YORK DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARCUS YORK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW MARCUS YORK'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO MARCUS YORK DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO MARCUS YORK'S LIABILITY.
MARCUS YORK DISCLAIMS ALL RESPONSIBILITY FOR DELAY CAUSED BY CIRCUMSTANCES OUTSIDE OUR CONTROL INCLUDING NATURAL DISASTERS, POWER OUTAGES, TECHNICAL DIFFICULTIES, FIRE, OR ANY OTHER FREAK OCCURRENCE THAT PREVENTS OUR SERVICE FROM RUNNING NORMALLY AND SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN RESPECT TO DELAY OR LOSS.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Marcus York shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Marcus York shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Marcus York shall immediately issue a credit to your credit card account in the amount of the charge.
All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2015, MarcusYork.net, LLC ALL RIGHTS RESERVED. Marcus York respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Customer Services.
Marcus York, MarcusYork.net, the logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Marcus York. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
You agree that Marcus York's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Marcus York shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Marcus York may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Marcus York shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Marcus York of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
LINKS TO THIRD PARTY SITES
This Site may contain links to websites controlled by parties other than Marcus York (each a "Third Party Site"). Marcus York may work with certain partners and affiliates whose sites are linked with Marcus York. Marcus York is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. Marcus York makes no guarantees about the content or quality of the products or services provided by such sites. Marcus York is not responsible for webcasting or any other form of transmission received from any Third Party Site. Marcus York is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Marcus York of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Marcus York is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
Promotional offers cannot be combined unless specifically stated.