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Terms & Conditions
Introduction
Terms of Use
Introduction
Terms of Use
Last updated February 16, 2025
Agreement to Terms
These Terms of Use establish a legally binding agreement between you, whether acting on your own behalf or as a representative of an entity (“you”), and MY DEME, LLC, doing business as My Deme and/or MyDeme.com (“My Deme,” “MyDeme.com,” “we,” “us,” or “our”). This agreement governs your access to and use of the website at https://www.mydeme.com, as well as any affiliated sites, media forms, mobile websites, or apps connected to or related to it (collectively, the “Site”). The Site offers an online marketplace for goods, products, and services, including wholesale and retail general merchandise (the “Marketplace Offerings”).
To ensure a secure environment for buying and selling through the Site, all users must accept and comply with these Terms of Use, including the User & Service Agreement posted on the Site, which is incorporated by reference. By accessing the Site and/or the Marketplace Offerings, you confirm that you have read, understood, and agree to abide by all of these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND MUST IMMEDIATELY STOP USING THEM.
Additional terms and conditions or documents may be posted on the Site from time to time and will be incorporated into these Terms of Use by reference. We reserve the right to modify or update these Terms of Use at our discretion and for any reason. Any changes will be reflected by updating the “Last updated” date of these Terms. You waive the right to receive individual notice of each change. It is your responsibility to review these Terms periodically to stay informed of updates. By continuing to use the Site after changes are posted, you accept the revised Terms.
The information on the Site is not intended for distribution or use in any jurisdiction where such use would violate local laws or regulations, or where it would require us to register within that jurisdiction. If you access the Site from outside such jurisdictions, you do so at your own risk and are solely responsible for ensuring compliance with local laws, where applicable.
The Site is intended solely for individuals who are at least 18 years old. Persons under 18 are not permitted to use or register for the Site or access the Marketplace Offerings.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the Site and the Marketplace Offerings are proprietary to us. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”), along with the trademarks, service marks, and logos contained within (the “Marks”), are owned or controlled by us or licensed to us and are protected by U.S. copyright and trademark laws, as well as international copyright laws and conventions. The Content and Marks are provided on the Site “AS IS” solely for your personal, informational use. Except as explicitly outlined in these Terms of Use, no part of the Site, Marketplace Offerings, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written consent.
If you are eligible to use the Site, you are granted a limited license to access and use the Site, and to download or print portions of the Content to which you have properly gained access, but only for your personal, non-commercial use. All rights not expressly granted to you are reserved by us in relation to the Site, Content, and Marks.
USER REPRESENTATIONS
By using the Site or the Marketplace Offerings, you represent and warrant that:
1. All registration information you provide will be true, accurate, current, and complete.
2. You will maintain the accuracy of such information and update it promptly as necessary.
3. You have the legal capacity to agree to and comply with these Terms of Use.
4. You are not a minor in your jurisdiction of residence.
5. You will not access the Site or the Marketplace Offerings through automated or non-human means, such as a bot, script, or similar method.
6. You will not use the Site for any illegal or unauthorized purpose.
7. Your use of the Site or Marketplace Offerings will not violate any applicable laws or regulations.
If any of the information you provide is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any current or future use of the Site (or any part thereof).
You may not use the Site or Marketplace Offerings for any unlawful or unauthorized purposes. Prohibited Marketplace Offerings include, but are not limited to, intoxicants, illegal drugs, alcohol, gambling items, pornography, graphic adult content, and other adult products. Posting unauthorized products or content may result in immediate account termination and a lifetime ban from using the Site.
As a service provider, we make no representations regarding the safety, effectiveness, accuracy, availability, pricing, ratings, reviews, or legality of any information on the Site or any Marketplace Offerings presented. You understand and agree that the content on the Site is not intended to be relied upon and you agree to hold us harmless from any errors, omissions, or misrepresentations. We do not endorse or recommend any specific Marketplace Offerings, and the Site is provided for informational and advertising purposes only. USER REGISTRATION
You may be required to register with the Site in order to access the Marketplace Offerings. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
MARKETPLACE OFFERINGS
We strive to accurately display the colors, features, specifications, and details of the Marketplace Offerings available on the Site. However, we do not guarantee that these details will be accurate, complete, reliable, current, or free of errors. Additionally, the colors and features displayed on your device may not accurately reflect the actual products. All Marketplace Offerings are subject to availability, and we cannot ensure that they will be in stock. Some Marketplace Offerings may only be available online through the Site, with limited quantities and subject to our Return Policy for exchanges or returns.
We reserve the right to limit the quantity of Marketplace Offerings available for purchase on the Site. Descriptions and prices of Marketplace Offerings are subject to change without notice at our discretion. We also reserve the right to discontinue any Marketplace Offering at any time for any reason. We do not guarantee that the quality of any Marketplace Offering will meet your expectations or that any errors on the Site will be corrected.
**PURCHASES AND PAYMENT**
We accept the following forms of payment:
– PayPal
– Stripe
– Gift Card (see Gift Card Terms & Conditions)
– Bitcoin
You agree to provide accurate, complete, and current purchase and account information for all orders made through the Site. You also agree to promptly update your account and payment details, including email address, payment method, and payment card expiration date, to ensure we can process your transactions and contact you as needed. Sales tax will be added to purchases where required, and we may change prices at any time. All payments will be processed in U.S. currency or converted into U.S. currency.
You agree to pay the total amount due, including the price of the Marketplace Offerings and any applicable shipping fees, based on the prices in effect at the time of your order. By placing an order, you authorize us to charge your selected payment method for these amounts. If your order involves recurring charges, you consent to us charging your payment method on a recurring basis until you cancel the applicable order. We reserve the right to correct any pricing errors, even if payment has already been processed.
We reserve the right to refuse any order placed through the Site. We may limit or cancel the quantities of items purchased per person, household, or order at our discretion. These restrictions may apply to orders made under the same customer account, payment method, or billing/shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be made by dealers, resellers, or distributors.
RETURN/REFUNDS POLICY
Before making any purchases, please take a moment to review our Return Policy available on the Site.
PROHIBITED ACTIVITIES
You may only access or use the Site for its intended purpose. The Site may not be used for any commercial activities, unless explicitly authorized or approved by us.
As a user of the Site, you agree not to:
1. Systematically collect data or other content from the Site to create or compile, directly or indirectly, a database, compilation, or directory without our written permission.
2. Make any unauthorized use of the Marketplace Offerings, including collecting usernames or email addresses of users through electronic means for unsolicited emails, or creating accounts through automated methods or under false pretenses.
3. Bypass, disable, or interfere with security features on the Site, including those that prevent or restrict the use or copying of Content or impose limitations on the use of the Site or its Content.
4. Engage in unauthorized framing or linking to the Site.
5. Attempt to deceive, defraud, or mislead us or other users, particularly to gain access to sensitive account information such as passwords.
6. Misuse our support services or submit false abuse or misconduct reports.
7. Engage in automated actions on the Site, such as using scripts to send comments or messages, or using data mining, robots, or similar extraction tools.
8. Interfere with, disrupt, or impose excessive strain on the Site or its connected networks or services.
9. Attempt to impersonate another user or person, or use another user’s username.
10. Sell or transfer your profile.
11. Use information obtained from the Site to harass, abuse, or harm others.
12. Decompile, disassemble, or reverse-engineer any software that is part of the Site.
13. Attempt to bypass any measures designed to prevent or restrict access to the Site or any portion of it.
14. Harass, annoy, intimidate, or threaten any of our employees or agents involved in providing the Marketplace Offerings.
15. Remove or alter copyright or other proprietary rights notices from any Content.
16. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or any other code.
17. Upload or transmit viruses, Trojan horses, or any other disruptive material, including spamming or excessive use of capital letters, that interferes with the Site’s operation or others’ use of it.
18. Upload or transmit material that functions as a passive or active information collection mechanism, such as clear graphics interchange formats (“gifs”), web bugs, cookies, or similar devices (also known as “spyware” or “passive collection mechanisms”).
19. Use, launch, or distribute any automated system, such as a spider, robot, scraper, or offline reader, to access the Site or any unauthorized script or software.
20. Disparage, tarnish, or otherwise harm, in our judgment, the reputation of the Site or us.
21. Use the Site in any way that violates applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may provide you with the opportunity to chat, contribute to, or participate in blogs, message boards, online forums, and other features. You may also be able to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, videos, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively, “Contributions”). These Contributions may be visible to other users of the Site and Marketplace Offerings, as well as through third-party websites. Therefore, any Contributions you submit may be treated as non-confidential and non-proprietary.
By creating or making available any Contributions, you represent and warrant that:
1. The creation, distribution, transmission, public display, or performance of your Contributions, as well as the accessing, downloading, or copying of your Contributions, do not and will not infringe on the proprietary rights (including but not limited to copyright, patent, trademark, trade secret, or moral rights) of any third party.
2. You are the creator and owner of your Contributions, or you have obtained the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Site, and other users of the Site to use your Contributions in accordance with these Terms of Use.
3. You have obtained the written consent, release, and/or permission of every identifiable individual in your Contributions to use their name or likeness in a way that allows for the inclusion and use of your Contributions as contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, offensive, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten any person, or to promote violence against a specific individual or group.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not infringe upon the privacy or publicity rights of any third party.
11. Your Contributions do not solicit personal information from anyone under 18 or exploit minors in a sexual or violent manner.
12. Your Contributions do not violate laws related to child pornography, or any laws meant to protect the health or well-being of minors.
13. Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical disabilities.
14. Your Contributions do not violate, or link to material that violates, any provision of these Terms of Use or any applicable laws or regulations.
Any violation of these Terms of Use through your Contributions may result in actions such as termination or suspension of your rights to use the Site and the Marketplace Offerings.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site, you automatically grant, and represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, whether commercial, advertising, or otherwise. This includes the right to prepare derivative works or incorporate your Contributions into other works, and to grant sublicenses for any of the foregoing uses. The use and distribution of your Contributions may occur in any media format or channel, now known or later developed.
This license applies to any form, media, or technology now known or hereafter created and includes our right to use your name, company name, franchise name (if applicable), and any trademarks, service marks, trade names, logos, and personal or commercial images you provide. You waive all moral rights in your Contributions and warrant that such rights have not been asserted elsewhere in your Contributions.
We do not claim ownership over your Contributions. You retain full ownership of all your Contributions and any associated intellectual property or proprietary rights. We are not liable for any statements or representations made in your Contributions. You are solely responsible for your Contributions and agree to release us from any and all responsibility, and refrain from taking any legal action against us in relation to your Contributions.
We reserve the right, at our sole discretion, to (1) edit, redact, or otherwise modify any Contributions; (2) re-categorize Contributions to more appropriate sections of the Site; and (3) pre-screen, refuse, or delete any Contributions at any time, for any reason, without notice. We are under no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide areas on the Site for you to leave reviews or ratings. When posting a review, you must adhere to the following guidelines:
1. You should have firsthand experience with the person/entity being reviewed.
2. Your reviews must not include offensive profanity, or any abusive, racist, offensive, or hate-filled language.
3. Your reviews must not contain discriminatory remarks based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
4. Your reviews must not reference illegal activities.
5. You should not be affiliated with competitors when posting negative reviews.
6. You should not make conclusions about the legality of conduct.
7. You may not post false or misleading statements.
8. You may not organize campaigns encouraging others to post reviews, whether positive or negative.
We reserve the right to accept, reject, or remove reviews at our sole discretion. We have no obligation to screen or delete reviews, even if others find them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our views or the opinions of our affiliates or partners. We are not liable for any review or any claims, liabilities, or losses arising from reviews.
By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content associated with the review.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information you provide to us regarding the Site or the Marketplace Offerings (“Submissions”) are non-confidential and will become our exclusive property. We will own all rights, including intellectual property rights, and will have the unrestricted right to use, modify, and distribute these Submissions for any lawful purpose, whether commercial or otherwise, without any obligation to provide acknowledgment or compensation to you. By submitting, you waive any moral rights to these Submissions and confirm that they are either original to you or that you have the right to submit them. You agree that there will be no recourse against us for any actual or alleged infringement or misappropriation of any proprietary rights in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain links to other websites (“Third-Party Websites”) or provide access to content such as articles, photographs, text, graphics, designs, music, videos, information, applications, software, and other materials originating from third parties (“Third-Party Content”). We do not investigate, monitor, or verify the accuracy, appropriateness, or completeness of any Third-Party Websites or Third-Party Content. Therefore, we are not responsible for any Third-Party Websites accessed through the Site, nor for any Third-Party Content available on, through, or downloaded from the Site, including the content, accuracy, reliability, privacy practices, or policies of the Third-Party Websites or the Third-Party Content. The inclusion of links or access to Third-Party Websites or Content does not imply our endorsement or approval of such sites or content.
If you decide to visit a Third-Party Website or use/install any Third-Party Content, you do so at your own risk, and these Terms of Use no longer apply. You should review the terms, policies, and privacy practices of any Third-Party Website or content you access from the Site. Any purchases made through Third-Party Websites are between you and the third-party seller, and we are not responsible for such transactions.
You agree that we do not endorse the products or services offered on Third-Party Websites, and you will hold us harmless from any issues arising from your purchase of such products or services. Additionally, you agree to hold us harmless for any losses, damages, or harm resulting from any interaction with Third-Party Websites or Third-Party Content.
ADVERTISERS
We allow advertisers to display advertisements and other promotional content in certain areas of the Site, such as sidebar or banner ads. If you are an advertiser, you are fully responsible for any advertisements you place on the Site, as well as any services or products associated with those ads. Additionally, as an advertiser, you represent and warrant that you have all necessary rights and authority to place ads on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
As an advertiser, you agree that your ads are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions, and you understand and accept that there will be no refund or compensation in the event of a DMCA takedown. We simply provide space for advertisements and do not have any other relationship with advertisers.
SITE MANAGEMENT
We reserve the right, but are not obligated, to: (1) monitor the Site for any violations of these Terms of Use; (2) take appropriate legal action against anyone who, at our sole discretion, violates the law or these Terms of Use, including reporting such users to law enforcement authorities; (3) at our sole discretion and without limitation, refuse or restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any part thereof; (4) at our sole discretion and without notice or liability, remove or disable files and content that are excessively large or burdensome to our systems; and (5) manage the Site in a way that protects our rights and property and ensures the proper functioning of the Site and the Marketplace Offerings.
PRIVACY POLICY
Our website address is [https://mydeme.com](https://mydeme.com).
Comments: (1) When visitors leave comments on the site, we collect the data displayed in the comments form, as well as the visitor’s IP address and browser user agent string to help detect spam. An anonymized string created from your email address (called a hash) may be provided to the Gravatar service to check if you are using it. You can view the Gravatar service’s privacy policy [here](https://automattic.com/privacy/). Once your comment is approved, your profile picture will be visible to the public in connection with your comment.
Media: (2) If you upload images to the website, please avoid uploading images with embedded location data (EXIF GPS). Visitors to the website may be able to download and extract any location data from images on the site.
Cookies: (3) If you leave a comment, you may opt to save your name, email address, and website in cookies for convenience so you don’t have to re-enter your details for future comments. These cookies will last for one year. If you visit our login page, we will set a temporary cookie to check if your browser accepts cookies. This cookie does not contain personal data and is discarded when you close your browser. When you log in, we will set additional cookies to save your login information and screen display preferences. Login cookies last for two days, while screen options cookies last for one year. If you select “Remember Me,” your login will persist for two weeks. If you log out of your account, the login cookies will be removed. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie contains no personal data and only indicates the post ID of the article you edited. It expires after one day.
Embed Content from Other Websites: (4) This Site may include embedded content (e.g., videos, images, articles, etc.). Embedded content from other websites behaves the same way as if the visitor has directly visited the other website.
Who We Share Data With: (5) If you request a password reset, your IP address will be included in the reset email.
How Long We Retain Your Data: (6) If you leave a comment, the comment and its metadata are retained indefinitely. This helps us recognize and automatically approve any follow-up comments, instead of holding them in a moderation queue.
Your Rights Over Your Data: (7) If you have an account on the site or have left comments, you can request an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. However, this does not include data we are required to keep for administrative, legal, or security purposes.
Where Your Data Is Sent: (8) Visitor comments may be checked through an automated spam detection service.
We take data privacy and security seriously. By using the Site or the Marketplace Offerings, you agree to comply with our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please note that the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or Marketplace Offerings from a region outside of the United States with different laws or regulations regarding personal data collection, use, or disclosure, you agree that your data will be transferred to the United States and processed according to U.S. laws.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any content on or through the Site infringes upon a copyright you own or control, please promptly notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material in question. Please note that under federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Therefore, if you are unsure whether the material on the Site infringes your copyright, we recommend that you first consult with an attorney.
All Notifications must comply with the requirements of the DMCA (17 U.S.C. § 512(c)(3)) and include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works are involved, a representative list of such works on the Site;
3. Identification of the material that is alleged to be infringing or the subject of infringing activity, along with information sufficient to allow us to locate the material;
4. Information that allows us to contact the complaining party, such as an address, phone number, and, if available, an email address;
5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly infringed.
Counter Notification
If you believe that your own copyrighted material has been removed from the Site due to an error or misidentification, you may submit a written counter-notification to [us/our Designated Copyright Agent] using the contact details provided below (a “Counter Notification”). To be considered an effective Counter Notification under the DMCA, your Counter Notification must include the following information:
1. Identification of the material that was removed or disabled and the location where it appeared prior to removal or disabling;
2. A statement consenting to the jurisdiction of the Federal District Court in which your address is located, or, if outside the United States, any judicial district in which we are located;
3. A statement agreeing to accept service of process from the party that filed the original Notification or their agent;
4. Your name, address, and telephone number;
5. A statement made under penalty of perjury asserting that you have a good faith belief that the material was removed or disabled due to a mistake or misidentification;
6. Your physical or electronic signature.
If we receive a valid, written Counter Notification that meets the above requirements, we will restore the removed or disabled material, unless we first receive notice from the party who filed the original Notification stating they have filed a court action to prevent you from engaging in infringing activity related to the material.
Please be aware that if you materially misrepresent that the content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification is considered perjury.
Designated Copyright Agent
Kenneth Weaver
Attn: Copyright Agent
4915 Paleo Pines Circle
Fort Pierce, FL 34951
United States
TERM AND TERMINATION
These Terms of Use will remain in full effect while you continue to use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, RESTRICT ACCESS TO AND USE OF THE SITE AND MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY INDIVIDUAL FOR ANY REASON OR NO REASON WHATSOEVER. This includes, but is not limited to, actions taken due to a breach of any representation, warranty, or covenant in these Terms of Use or any applicable law or regulation. We may terminate your access to or participation in the Site and Marketplace Offerings or delete your account and any content or information you’ve posted at any time, without warning, and at our sole discretion.
If your account is terminated or suspended for any reason, you are prohibited from creating a new account using your own name, a fake name, a borrowed name, or a third-party’s name, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedies.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove any content on the Site at any time or for any reason, at our sole discretion, without prior notice. However, we are under no obligation to update any information on the Site. Additionally, we reserve the right to modify or discontinue all or part of the Marketplace Offerings at any time, without notice. We will not be liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the Site or Marketplace Offerings.
We cannot guarantee that the Site and Marketplace Offerings will be available at all times. Technical issues, such as hardware or software problems, or necessary maintenance, may lead to interruptions, delays, or errors. We reserve the right to change, update, suspend, or discontinue the Site or Marketplace Offerings at any time, for any reason, and without notice. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Site or Marketplace Offerings during any downtime or discontinuation. Nothing in these Terms of Use obligates us to maintain, support, or provide updates or fixes for the Site or Marketplace Offerings.
GOVERNING LAW
These terms will be governed by and interpreted in accordance with the laws of the United States. Both MY DEME, LLC and you irrevocably agree that the courts of Florida will have exclusive jurisdiction to resolve any disputes arising in connection with these terms.
DISPUTE RESOLUTION
You agree to submit any disputes related to these Terms or the relationship established by this Agreement to the exclusive jurisdiction of the Florida courts. MY DEME, LLC. also reserves the right to initiate proceedings in the courts of the country where you reside, or, if these Terms are entered into as part of your trade or profession, in the state where your principal place of business is located.
CORRECTIONS
The Site may contain typographical errors, inaccuracies, or omissions that could affect the Marketplace Offerings, including descriptions, pricing, availability, and other details. We reserve the right to correct any such errors, inaccuracies, or omissions and to update or modify the information on the Site at any time, without prior notice.
NOTICE OF NON-AFFILIATION AND DISCLAIMER
We are not affiliated with, authorized by, endorsed by, or in any way officially connected to Apple Inc., its subsidiaries, or its affiliates. The official Apple website can be found at [www.apple.com](https://www.apple.com). The names “Apple” and “Apple Inc.,” along with related logos, trademarks, and images, are the registered trademarks of their respective owners.
DISCLAIMER
The Site and the Marketplace Offerings are provided on an “as-is” and “as-available” basis. You agree that your use of the Site and our services is at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, related to the Site and the Marketplace Offerings, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations regarding the accuracy or completeness of the Site’s content or the content of any linked websites. We assume no liability for:
1. Errors, mistakes, or inaccuracies in content and materials.
2. Personal injury or property damage resulting from your access to and use of the Site.
3. Unauthorized access to or use of our secure servers and/or personal or financial information stored therein.
4. Any interruption or cessation of transmission to or from the Site or Marketplace Offerings.
5. Bugs, viruses, or other harmful components that may be transmitted through the Site by any third party.
6. Errors or omissions in content and materials, or for any loss or damage incurred from the use of any content posted, transmitted, or made available via the Site.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any linked website, or any website or mobile application featured in any banner or advertising. We will not be a party to or responsible for monitoring any transaction between you and third-party product or service providers. As with any purchase, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event shall we, or our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits, lost revenue, loss of data, or any other damages arising from your use of the Site or the Marketplace Offerings, even if we have been advised of the possibility of such damages. Notwithstanding any other provisions in these terms, our liability to you for any cause of action, regardless of the form of the action, will be limited to the lesser of the amount you paid to us during the six (6) months preceding the cause of action or $0.00 USD. Certain U.S. state laws and international laws may not permit limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers or limitations above may not apply, and you may have additional rights.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party arising from: (1) your Contributions; (2) your use of the Marketplace Offerings; (3) any breach of these Terms of Use; (4) any violation of the representations and warranties outlined in these Terms of Use; (5) your violation of a third party’s rights, including intellectual property rights; or (6) any harmful actions towards another user of the Site or Marketplace Offerings with whom you interacted via the Site.
Notwithstanding the above, we reserve the right to take exclusive control of the defense of any matter for which you are required to indemnify us, at your expense, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification once we become aware of it.
USER DATA
We will retain certain data that you transmit to the Site to manage the performance of the Marketplace Offerings, as well as data related to your use of the Marketplace Offerings. While we regularly perform routine backups, you are solely responsible for any data you transmit or for any activities you undertake using the Marketplace Offerings. You agree that we will not be held liable for any loss or corruption of such data, and you hereby waive any right to take action against us arising from any loss or corruption of that data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By visiting the Site, sending us emails, and completing online forms, you engage in electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, whether via email or on the Site, fulfill any legal requirement for such communications to be in writing.
YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You waive any rights or requirements under any laws or regulations that may require an original signature, the delivery or retention of non-electronic records, or payment or credit grants by any means other than electronic methods.
CALIFORNIA USERS AND RESIDENTS
If you are unable to resolve any complaint with us to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use, along with any policies or operational guidelines posted by us on the Site or in relation to the Marketplace Offerings, represent the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use does not waive that right or provision. These Terms of Use are enforceable to the fullest extent allowed by law. We may assign any or all of our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act due to circumstances beyond our reasonable control. If any part of these Terms of Use is found to be unlawful, void, or unenforceable, that provision will be deemed severable, and it will not affect the validity or enforceability of the remaining provisions. These Terms do not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms of Use will not be interpreted against us simply because we drafted them. You also waive any defenses you may have related to the electronic nature of these Terms and the absence of physical signatures.
CONTACT US
To address any complaints regarding the Site or the Marketplace Offerings, or if you need further information about using the Site or Marketplace Offerings, please contact us at:
MY DEME, LLC.
4915 Paleo Pines Circle
Fort Pierce, FL 34951
United States
Phone: (831) 245-3363