Terms & Conditions
PLEASE READ CAREFULLY. Welcome to the Marti Rosenburgh Design 2 Inc. site. These Terms and Conditions (“Terms”) govern your access to and use of the Shopify site (“Site”). This Site is owned and operated by Marti Rosenburgh Design 2 Inc. or an affiliate controlled by, under common control with, or controlling Marti Rosenburgh Design 2 Inc. Please return to this Site and review these Terms and Conditions from time to time, as they may be amended without notice. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revisions on this Site. Some products and services accessible through this Site by us or third parties are subject to additional terms and conditions. To the extent that any provision of those additional terms and conditions conflicts with these Terms and Conditions, those additional terms and conditions shall prevail.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
YOUR USE OF THIS SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS.
Intellectual Property Rights
The materials contained in this web site are protected by all applicable copyright and trademark laws. All copyrights, trademarks, patents and other intellectual property rights in and on our website, and all content and software located on the site, shall remain the sole property of our company, its participating sellers, or their respective licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from the owner of this website.
You must not:
* Republish material from our website without prior written consent.
* Sell or rent material from our website.
* Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
* Redistribute any content from our website, including onto another website.
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.
You must not use our website to send unsolicited commercial communications.
You must not use the content on our website for any marketing related purpose without our express written consent.
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
The owner of this website may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
Marti Rosenburgh Designs 2 Inc. does not warrant that the contents of this Site are error-free. Information on this Site may contain technical inaccuracies and/or typographical or other types of errors and may be changed or updated at any time without notice. Marti Rosenburgh Designs 2 Inc. may also make improvements and/or changes in the products and/or programs described on this Site at any time without notice. Marti Rosenburgh Designs 2 Inc. will use reasonable efforts to place accurate and up-to-date information on this Site but makes no warranty of its accuracy, completeness and/or timeliness. You acknowledge that your use of any information available through this Site is at your own risk.
THIS SITE AND ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, MARTI ROSENBURGH DESIGNS 2 INC. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. MARTI ROSENBURGH DESIGNS 2 INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THIS SITE OR THE CONTENT OR MATERIALS ON THIS SITE OR ANY WEB SITES LINKED TO THIS SITE, INCLUDING, WITHOUT LIMITATION, THAT (1) USE OF THIS SITE OR ANY CONTENT OR MATERIALS ON OR FROM THIS SITE (INCLUDING ANY SOFTWARE, PRODUCT OR SERVICE) WILL BE UNINTERRUPTED, (2) THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (3) ANY ERRORS ON THIS SITE WILL BE CORRECTED, OR (4) THE SERVERS ON WHICH THIS SITE, CONTENT AND MATERIALS ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNLESS SPECIFIED IN ANY PRODUCT DESCRIPTION FOUND ON THIS SITE, EITHER BY MARTI ROSENBURGH, OR ANY SELLERS OFFERING ON THIS SITE, ALL GOODS AND PRODUCTS OFFERED FOR SALE ARE SOLD "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, MARTI ROSENBURGH DESIGNS 2 INC. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. MARTI ROSENBURGH DESIGNS 2 INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, ANY GOODS OR PRODUCTS SOLD ON THIS SITE, INCLUDING, WITHOUT LIMITATION, THAT THE GOODS AND PRODUCTS OFFERED FOR SALE ON THIS SITE (1) WILL BE FREE FROM DEFECTS, FITNESS OF USE FOR ANY PARTICULAR PURPOSES, OR (2) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.
EXCEPT AS EXPRESSLY SET FORTH BY ANY SELLER ON THIS SITE, MARTI ROSENBURGH DESIGNS 2 NEITHER BCOSF MEDIA OR ANY SELLER MAKES, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE GOODS AND PRODUCTS SOLD ON THIS SITE BY MARTI ROSENBURGH DESIGNS 2 OR ANY THIRD PARTY SELLER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE.
Some jurisdictions do not allow a disclaimer of some or any implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties, to the extent prohibited.
CODE OF CONDUCT.
You agree that you will use this Site (including features thereof and products or services offered thereon) only for its intended purpose. You agree to limit such uses to your personal, non-commercial use. You further agree not to: (i) use this Site, any content or other materials on this Site, or any products or services included on or available through this Site for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying this Site, including by means of disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of this Site are able to type, hacking or defacing any portion of this Site, introducing any virus, worm, bot, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or otherwise acting in a manner that negatively affects other users’ ability to engage in business on this Site; (iii) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (iv) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of this Site or any content or other materials on this Site.
Marti Rosenburgh Designs 2 Inc. has the right to terminate your use of this Site, or any portion of this Site, with or without notice, in its sole discretion, for any reason or no reason at all, including, but not limited to, if Marti Rosenburgh Designs 2 Inc. determines (in its sole discretion) that your use of or conduct on or related to this Site (i) violates these Terms and Conditions or any additional terms and conditions, (ii) is harmful to Marti Rosenburgh Designs 2 Inc., its customers or vendors, another user or any other party, or (iii) violates applicable law.
LIMITATION OF LIABILITY. IN NO EVENT WILL MARTI ROSENBURGH DESIGNS 2 INC., OR ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SPONSORS OR ADVERTISERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY USE OF THIS SITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DEFECTIVE PRODUCT, ANY LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, OR DAMAGE OR INJURY FROM ANY DEFECTIVE PRODUCT SOLD ON THIS SITE. MARTI ROSENBURGH DESIGNS 2 INC. DOES NOT TEST, EXAMINE, WARRANT, REPRESENT, APPROVE OR GUARANTEE ANY PRODUCT SOLD ON THIS SITE, AND ALL PURCHASES ARE SOLD AND AT YOUR OWN RISK. UNLESS SPECIFIED OTHERWISE BY ANY SELLER, PRODUCTS ARE SOLD “AS IS” AND NON-REFUNDABLE.
LIMITATION OF MONETARY LIABILITY.
In any event, MARTI ROSENBURGH DESIGNS 2 INC.’s maximum liability for any reason whatsoever, shall not exceed the amount you paid for any product sold on this Site, or $25.00, whichever is greater.
COPYRIGHT AND TRADEMARK.
All materials on this Site, including, without limitation, all copyrights, trademarks, artwork, images and other elements (collectively, the “Content”), are protected by copyrights, trademark laws and other intellectual property rights owned and controlled by us, the sellers, or by other parties that have licensed or otherwise provided their material to us or offered them for sale on this Site. Except as stated in these Terms, none of the Content on this Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, framed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Marti Rosenburgh Designs 2 Inc. or the copyright or trademark owner. You also may not, without Marti Rosenburgh Designs 2 Inc's permission, "mirror" any Content contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You may only download those materials from this Site that are expressly designated to be downloaded by users. Where a fee is required to download any materials, you may not download such materials without paying such fee. You agree not to use technical or other means to circumvent these Terms or any content protection technology used on this Site. Any unauthorized use, transmission, distribution, reproduction, reverse engineering, modification of any downloaded materials, or use thereof for an illegal purpose, is expressly prohibited.
There are inherent dangers in the use of any software available for downloading on the Internet, and Marti Rosenburgh Designs 2 Inc. cautions you to make sure that you completely understand the potential risks before downloading any of the software (including the potential infection of your system by computer viruses). You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software and assume all risks associated with any downloaded software.
SUBMISSION OF INFORMATION OR MATERIALS.
Marti Rosenburgh Designs 2 Inc. does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to Marti Rosenburgh Designs 2 Inc., you agree that the idea becomes and remains the sole and exclusive property of Marti Rosenburgh Designs 2 Inc. without further liability or compensation to you. Except for the details of your registration and product orders, you agree that any information or materials that you submit to Marti Rosenburgh Designs 2 Inc. via this Site or any email links provided on this Site will not be considered confidential or proprietary. All such materials shall be deemed the property of Marti Rosenburgh Designs 2 Inc., and your submission of information shall constitute an assignment to Marti Rosenburgh Designs 2 Inc. of all worldwide rights, titles, and interests in such information. Marti Rosenburgh Designs 2 Inc. will not be liable for any use or disclosure of such information. Marti Rosenburgh Designs 2 Inc. will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose, distribute, publicly perform and transmit such information to others without limitation or compensation. Marti Rosenburgh Designs 2 Inc. will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
PASSWORD AND USERNAME.
Access to some Content and other materials offered on this Site is password controlled and is accessible to registered users only. You certify that all information provided in the registration process is accurate and correct. If you are registering or making a purchase or conducting other transactions on behalf of your company, you represent and certify that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms necessary for access to password-controlled content). You are solely responsible for maintaining the confidentiality of your account information, including, without limitation, your username and password. You are solely responsible for any and all activities that occur under your username and password. You agree to notify Marti Rosenburgh Designs 2 Inc. immediately of any unauthorized use of your username, password or account or any other breach of security. Marti Rosenburgh Designs 2 Inc. will not be liable for any loss that you may incur as a result of someone else using your username, password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Marti Rosenburgh Designs 2 Inc. as a result of the misuse of your username, password or account.
LINKS TO THIRD PARTY SITES.
There are links on this Site that will permit you to travel to other, third-party sites over which Marti Rosenburgh Designs 2 Inc. has no control. These links are provided for your convenience only and your use of them is at your own risk. Marti Rosenburgh Designs 2 Inc. makes no representations whatsoever about the content of any of these other web sites, or about any of the links contained in the web sites that you may access through this Site. Marti Rosenburgh Designs 2 Inc. has not reviewed and does not endorse or accept any responsibility for the content, or use, of any such linked web sites.
JURISDICTION AND GOVERNING LAW.
This Site is maintained, controlled, operated and administered by Marti Rosenburgh Designs 2 Inc. from within the United States of America (“U.S.”). Marti Rosenburgh Designs 2 Inc. makes no representation that the Content or any other materials on this Site are appropriate for use at locations outside of the U.S. and access to this Site from countries where such Content or materials are illegal is prohibited. If you access this Site from a location outside of the U.S., you are responsible for compliance with all local laws. The use of this Site, the Content or any other materials on this Site, and these Terms are governed by the laws of the United States and the State of California, without regard to its conflict of laws provisions. Any legal proceeding arising out of the use of this Site, the Content or any other materials on this Site, or these Terms must be brought in ____, Florida and must be brought within one year after the claim or cause of action arises or it is barred. By using this Site, you irrevocably submit to the jurisdiction of the State and Federal courts located in Boca Raton, Florida. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms will continue in full force and effect.
INTERNATIONAL TRADE COMPLIANCE.
The goods licensed, sold, or accessed through this Site, which may include technology, software and services, are subject to the customs and export control laws and regulations of the U.S. and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received. Further, under U.S. law, such goods may not be sold, leased or otherwise transferred to restricted countries, or used by a restricted end-user or an end-user engaged in activities related to weapons of mass destruction including, without limitation, activities related to designing, developing, producing or using nuclear weapons, materials, or facilities, missiles or supporting missile projects, or chemical or biological weapons. You warranty that you are not located in, under the control of, or a national resident of any such country, on any such list or involved in any such activities. In addition, you acknowledge that it is your responsibility to comply with and abide by the aforementioned laws and regulations, and that any customer or vendor that you request Marti Rosenburgh Designs 2 Inc. to route product to directly has also been made aware of the associated export controls.
You may be given access to confidential information of Marti Rosenburgh Designs 2 Inc. or the sellers offering product on this Site or links from this Site. Confidential information includes, but is not limited to - all non-public information regarding Marti Rosenburgh Designs 2 Inc. or of its sellers, or any other third party who appears on our Site, their respective copyrights, trademarks, patents or other intellectual property or their products, quantity and prices of products purchased, design and development data, engineering details, drawings, sales and marketing plans, unannounced products, any information marked as "confidential" or "proprietary" or similarly marked, or any information that, if disclosed, might be competitively detrimental to Marti Rosenburgh Designs 2 Inc. its sellers or any other third party whose material appears on this Site. (“Confidential Information”). You may not disclose such Confidential Information to any third party without the written consent of Marti Rosenburgh Designs 2 Inc., its sellers or third-party owners. You must protect such Confidential information with at least the same degree of care that is accorded to your confidential Information, but in no event less than reasonable care. You may enter into separate non-disclosure agreements with Marti Rosenburgh Designs 2 Inc. governing specific disclosures. To the extent the terms governing a specific disclosure are more restrictive than the terms in this paragraph, the more restrictive terms will control for the specific disclosure.
Marti Rosenburgh Designs 2 Inc., its sellers or other third-party advertisers may from time to time send you emails. You acknowledge that such emails are sent with your consent and permission. If you do not wish to receive any promotional email from any of us, you can follow the opt-out directions set forth in such email.
By using this Site you agree to indemnify Marti Rosenburgh Designs 2 Inc., and its subsidiaries, partners, affiliates, agents, consultants, sponsors, sellers, advertisers and licensors, and their respective officers, directors, employees, shareholders, agents and representatives (collectively, the “Released Parties”), and hold the Released Parties harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of this Site or the Content or other materials on this Site, your breach of any term or condition contained in these Terms or any other agreement applicable to any specific functions or areas of this Site, or your submission of information or materials to Marti Rosenburgh Designs 2 Inc. by any means or from any person’s use of any account or password you maintain with Marti Rosenburgh Designs 2 Inc. or this Site, regardless of whether such use is authorized by you. By using this Site, or submitting any ideas and/or related materials to Marti Rosenburgh Designs 2 Inc., you are hereby agreeing to release the Released Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services obtained or used through this Site or to any disputes regarding use of ideas and/or related materials submitted to Marti Rosenburgh Designs 2 Inc.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES IN RELEVANT PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
QUESTIONS OR COMMENTS. If you have any questions or comments about these Terms, please contact us at email@example.com.
These Terms represent the entire agreement relating to the use of the Site. Marti Rosenburgh Designs 2 Inc’s failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
Last Updated: July 24, 2020.