Effective Date: 12/23/2020
MelaNow Online, LLC and its business partners, affiliates, subsidiaries, and agents (collectively, “Melanow”) welcomes you to its website (“Site”). These Site Terms of Use (“Agreement”) constitute a legally binding agreement between MelaNow and you, whether personally or on behalf of an entity you represent (“You”) so please read them carefully. By accessing or using this Site You acknowledge that You have read, understand, and agree to be bound by these terms and SIO’s Privacy Notice, which explains how MelaNow collects and shares the personal information and data you provide to SIO. If You do not agree to be bound by these terms You may not use this site or purchase any products.
I. USE OF SITE
To access this Site, or some of the resources it offers, You may be asked to provide certain details or other information. It is a condition of Your use of this Site that all the information You provide on this Site will be correct, current, and complete. If MelaNow believes the information You provide is not correct, current, or complete, MelaNow has the right to refuse You access to this Site or any of its resources and to terminate or suspend Your access at any time.
The right to purchase items from the Site is solely for personal use and not for any commercial use or use on behalf of any third party, except as explicitly permitted by MelaNow in its sole discretion
II. PROHIBITED USE OF THE SITE
You may only use this Site for purposes expressly permitted by this Agreement. As a condition of Your use of SIO’s Site, You warrant to MelaNow that You will not use the Site for any purpose that is unlawful or prohibited by this Agreement. For example, You may not (and may not authorize any party to) (i) co-brand this site, (ii) frame this Site, or (iii) use the Site for any commercial purpose without the prior written permission of an authorized representative of SIO. For purposes of this Agreement, “co-branding” means to display a name, logo, or trademark, in such a manner as is reasonably likely to give a user the impression that such party has the right to display, publish, or distribute this site or content accessible within this site. In addition, You may not use SIO’s Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.
III. INTELLECTUAL PROPERTY
Trademarks, service marks, logos, and copyrighted works (including the collection and arrangement of content) appearing in this Site are the property of MelaNow Online, LLC or the party that provided the trademarks, services marks, logos, and copyrighted works to SIO. Except as provided in this Agreement, MelaNow does not grant You any express or implied right to any patents, trademarks, copyrights, or trade secret information. In accordance with the Limited Liability section of this Agreement, as part of the use of this Site, You agree not to bring any claim against SIO, its affiliates, officers, directors, employees, agents, sponsors, third party content providers, licensors, licensees or the like for any claim of intellectual property infringement.
IV. HYPERLINKING/LINKED SITES
This Site may provide a link to other websites by allowing You to leave this Site to access third-party material (“Linked Site”). Certain areas of the Site may allow you to interact or conduct transactions with such Linked Sites, and, in certain situations, you may be transferred to a Linked Site through a link but it may appear that you are still on this Site. MelaNow is not related to, nor does it have discretion to alter, update, or control the content on a Linked Site. MelaNow has not reviewed Linked Sites and is not responsible for the content of those sites. The fact that MelaNow has provided a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers. You access any Linked Sites at Your own risk. MelaNow makes no representations or warranties about the content, completeness or accuracy of these Linked Sites. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this Site. MelaNow is not responsible for such provisions and expressly disclaims all liability related to such provisions.
V. INTERNATIONAL ACCESS; SANCTIONS & EXPORT POLICY
The Site is only intended for residents of the United States. However, the Site may be accessible from countries other than the United States. Any such access does not imply that the Site’s products or services will be made available outside the United States. If you access and use the Site outside the United States, you are responsible for complying with all applicable laws and regulations.
VI. DISCLAIMER OF WARRANTY
You expressly agree that use of the Site is at Your sole risk. Neither MelaNow nor its affiliates, any of their officers, directors, employees, agents, third-party content providers, sponsors, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site or as to the accuracy, completeness, reliability, or security of the materials. This Site and the information, content, and materials on this Site are provided on an “as is,” “where is,” and “where available” basis. MelaNow makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or to the content, information, or the materials on this Site. MelaNow expressly disclaims all warranties of any kind, express or implied, to the fullest extent permissible under applicable law, with respect to any of the materials, content, or information on this Site or your use of this Site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. You, and on behalf of Your agents, attorneys, employees, predecessors-in-interest, successors-in-interest, partners, associates, members, officers, directors, affiliates, subsidiaries, associations, shareholders, trusts, trustees, heirs, executors, assigns, and transferees, hereby fully release, discharge, waive, and absolutely forgive SIO, and each of its respective agents, attorneys, employees, predecessors-in- interest, successors-in-interest, partners, associates, members, officers, directors, affiliates, subsidiaries, associations, shareholders, trusts, trustees, heirs, executors, assigns, and transferees, from any and all lawsuits, demands, controversies, disputes, actions, causes of action, rights to accountings, fees, invoices, billings, proceedings, obligations, debts, liabilities, costs, disbursements, expenses, attorneys’ fees, damages and other claims of whatever character, nature and kind, in law or in equity, past, present or future, known or unknown, joint or several, suspected or unsuspected, arising from or relating to Your use of the Site and/or any works obtained therefrom (collectively, “Claim”). You covenant not to sue with respect to any Claim subject to the foregoing release, discharge or waiver.
You understand that MelaNow cannot and does not guarantee or warrant that files available on the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. MelaNow does not assume any responsibility or risk for Your use of the Internet.
VII. LIMITATION OF LIABILITIES
SIO, its subsidiaries, affiliates, licensors, service providers, attorneys, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including lost data, revenue or income, pain and suffering, emotional distress, or similar damages, even if MelaNow has been advised of the possibility of such damages.
The foregoing limitation applies to claims based on warranty, contract, tort (including negligence), liability, or any other legal theory. Some jurisdictions do not allow limiting liability for certain damages. In such jurisdictions, MelaNow ’s liability shall be limited to the extent permitted by law. In no event will the collective liability of MelaNow and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of the amount You have paid to MelaNow for the applicable goods or service out of which liability arose.
VIII. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SIO, its affiliates, agents, employees, sponsors, and licensors from and against all claims and expenses, including reasonable attorneys’ fees, arising out of, or related in any way, to Your User-Submitted Content (as defined in Sec. IX), use of the Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right. This includes, but is not limited to, defense and indemnification of MelaNow for any unlawful or unpermitted uploading of any information by a user. This indemnification shall survive any termination or suspension of Your use of this Site.
IX. SUBMISSIONS, REVIEWS, COMMENTS, AND OTHER SUBMITTED CONTENT
You may be able to post reviews, comments, photos, videos, other content, and submit suggestions, ideas, questions, or other material or information (collectively, “User-Submitted Content”) to the Site so long as the User-Submitted Content complies with our restrictions and guidelines provided in this section. All User-Submitted Content whether publicly posted or privately transmitted, is the sole responsibility of the person from which such user content originated. This means that You, and not SIO, are entirely responsible for all User-Submitted Content that You upload, post, e-mail, or otherwise transmit via this Site.
By submitting any User-Submitted Content, you represent and warrant that:
- You are the sole author and owner of the intellectual property rights thereto;
- content that you share is accurate;
- You are at least 18 years old and reside in the United States; and
- Use of the User-Submitted Content you supply does not violate this Agreement and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any User-Submitted Content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, false advertising or FTC endorsement and testimonial guidelines);
- That is, or may reasonably be considered to be, defamatory, libelous, obscene, hateful, racially or religiously biased or offensive, unlawfully threatening or harassing to any individual, partnership or corporation;
- That is political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages
- without clearly and conspicuously disclosing your relationship with MelaNow and all compensation or benefit you receive from SIO, if any; and
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
MelaNow reserves the right, but does not have the obligation, to monitor and edit or remove User-Submitted Content. MelaNow takes no responsibility and assumes no liability for any User-Submitted Content posted by you or any third party.
If you do post or submit User-Submitted Content, you grant MelaNow a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such User-Submitted Content throughout the world in any media for any purpose including, but not limited to, commercial marketing, compliance with laws and requests by governmental or regulatory agencies, and to protect or defend SIO’s rights or property. You also grant MelaNow and its sublicensees the right to use the name that you submit in connection with such User-Submitted Content.
X. CONSENT TO ELECTRONIC COMMUNICATION
You consent to receive electronic communications from MelaNow and agree that MelaNow may communicate with you by chat, email, or by posting a notice on the Site. You agree that MelaNow may treat specific actions by You (such as checking boxes to receive email updates, sending an email directly or through the Site, providing an email address in a chat conversation, or leaving a telephone message with an email address for customer service, etc.) as a request that MelaNow communicate personal or financial information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and You agree that when You request that we send You email You are authorizing MelaNow to transmit and disclose your information (including your personal or information) in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner. Your options, including your right to opt-out of receiving certain kinds of emails from SIO, are further described in our Privacy Notice.
- TERM AND TERMINATION
MelaNow reserves the right to terminate Your access to any part or the entire Site at any time without notice for any reason whatsoever. MelaNow also reserves the right, at all times, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. MelaNow reserves the right to seek all remedies available at law and in equity for any violation of this Agreement. Sections VI–XVIII shall survive the termination of this Agreement.
XII. NO AGENCY OR THIRD-PARTY BENEFICIARY
You agree that no agency, partnership, joint venture, employee-employer, or franchiser- franchisee relationship exists as a result of this Agreement or Your use of the Site. You acknowledge that You do not have authority or power to bind SIO. In no event shall MelaNow be liable for any representation, act, or omission made by You. The parties further agree that nothing in this Agreement is intended, or shall be construed, as creating any rights in third parties.
XIII. CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan without reference to its conflicts of laws provisions. You specifically consent to personal jurisdiction in Michigan in connection with any dispute between You and MelaNow arising out of this Agreement, use of this Site, or pertaining to the subject matter hereof. You agree the exclusive venue for any dispute between the MelaNow and You arising out of this Agreement or Your use of this Site will be in the state and federal courts in Oakland County, Michigan or the United States District Court for the Eastern District of Michigan respectively.
MelaNow makes no representation that the materials are appropriate or available for use outside the United States. This Site is for residents of the United States only. This Site is not intended for use by, or to provide any information to, users outside of the United States. MelaNow reserves the right to require proof of residence from any user accessing the Site and requesting information. You agree to comply with all laws and regulations applicable to Your use of this Site.
XIV. ENTIRE AGREEMENT, SEVERABILITY, AND WAIVER
This Agreement constitutes the entire agreement between MelaNow and You with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and MelaNow with respect to this Site. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. Any failure by MelaNow to enforce any provision of this Agreement shall not constitute a waiver of any rights under such provision or any other provision of this Agreement.
XV. MODIFICATIONS TO AGREEMENT
MelaNow may revise this Agreement at any time and You agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Site. It is Your responsibility to return to this Agreement from time to time to review the most current terms of Use. MelaNow does not, and will not, assume any obligation to notify You of changes to this Agreement.
You agree to be bound by any affirmation, assent, or agreement You transmit through this Site, including but not limited to any consent You give to receive communications from MelaNow solely through electronic transmission. You agree that, when in the future, You click on an “I agree”, “I consent” or other similarly worded button or entry field on this Site, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
XVI. VIOLATION OF TERMS OF USE
Any use of this Site in violation of the foregoing violates these Terms of Use and may result, among other actions, in termination or suspension of Your rights to use the Site. Any decision as to whether User Content violates these Terms of Use or SIO’s rules will be made in MelaNow ’s sole discretion.
XVII. SECURITY
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, MelaNow reserves the right to release Your details to system administrators at other sites to assist them in resolving security incidents. MelaNow reserves the right to investigate suspected violations of this Agreement.
MelaNow reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing SIO to disclose the identity of anyone posting, publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS SIO FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SIO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SIO OR LAW ENFORCEMENT AUTHORITIES.
XVIII. MISCELLANEOUS
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms of use on this Site will govern the items to which they pertain.