UNDER NO CIRCUMSTANCE WE SHALL HAVE ANY ACCOUNTABILITY TO YOU FOR ANY LOSS OR DAMAGE AS A RESULT OF THE USE OF ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS COMPLETELY AT YOUR OWN RISK.
Our collection, use, disclosure, and processing of personal information about individuals will vary depending upon the circumstances. This privacy notice is intended to describe our overall privacy and data protection practices. In some cases, different or additional notices about our data collection and processing practices may be provided and apply to our processing of certain personal information.
SECTION 1 - WHY WE COLLECT YOUR INFORMATION
We use the information; we collect in various ways, including:
· To provide, operate, and maintain our website.
· To improve, personalize, and expand our website.
· To understand and analyze how you use our website.
· To develop new products, services, features, and functionality.
· To communicate with you, either directly or through one of our partners, including for user service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes.
· To send you emails.
· Find and prevent fraud.
SECTION 2 - OUR COLLECTION OF PERSONAL INFORMATION
Generally, we collect your personal information voluntarily. However, if you decline to provide certain personal information that is marked mandatory, you may not be able to access certain Services or we may be unable to fully respond to your inquiry.
Personal information that we collect and the process will vary depending upon the circumstances. We collect personal information directly from individuals, automatically related to the use of the Services, for example, some of the ways we collect information are as follows:
Information we collect directly. We collect information that you provide to us, such as:
· when you provide your contact information and send other personal information to us;
· when you complete or submit a form through Merit Drive, LLC, for example, "Contact Us" or "More Information" forms;
· When you sign up for a user account.
What Is Personal Data?
Personal data relates to a living individual who can be identified from that data. Identification can be by the data alone or in conjunction with any other data in the data controller’s possession or likely to come into such possession. The processing of your personal data is governed by applicable privacy laws.
Your Data Controller
We are the data controller with respect to processing your data. This means that we decide how your personal data is processed and for what purposes. We know that you care how data about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly.
You may choose to provide us with your e-mail address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you. You can stop receiving e-mails by following the unsubscribe instructions in emails that you receive. If you decide not to receive e-mails, we may still send you service-related communications.
If you revoke your consent for the processing of Personal Information, then we may no longer be able to provide you services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity.
You may, of course, decline to submit information through our website, in which case we may not be able to provide related services to you.
SECTION 3 - HOW WE USE YOUR PERSONAL INFORMATION
While the purposes for which we may process personal information will vary depending upon the circumstances, in general, we use personal information for the purposes set forth below. Where General Data Protection Regulation (GDPR) or other relevant laws apply, we have set forth the legal bases for such processing in parenthesis.
1. Providing support and services: including, for example, to provide services you request (and send related information), operate Merit Drive, LLC to communicate with you about your access to and use of our products and services; to deliver your products; to respond to your inquiries; to provide troubleshooting, fulfill your requests and provide technical support; and for other user service and support purposes.
2. Analyzing and improving our business: including better understand how users' access and use Merit Drive, LLC to evaluate and improve our products and business operations, and to improve our products, features, offerings, and services; to conduct surveys, and other evaluations, such as user satisfaction surveys; and for other research and analytical purposes.
3. Personalizing content and experiences: including to provide or recommend features, content, social connections, and referrals; tailor content we send or display on Merit Drive, LLC to offer customization and personalized help and instructions, and otherwise personalize your experiences.
4. Advertising, marketing, and promotional purposes: including to reach you with more relevant ads and to evaluate, measure, and improve the effectiveness of our ad campaigns; to send you newsletters, offers, or other information we think may interest you; to contact you about Merit Drive, LLC or information we think may interest you;
5. Defending our legal rights: including managing and responding to actual and potential legal disputes and claims, and to otherwise establish, defending or protecting our rights or interests, including in the context of anticipated or actual litigation with third parties.
6. Complying with legal obligations: including to comply with the law, our legal obligations and legal process, such warrants, subpoenas, court orders, and regulatory or law enforcement requests.
SECTION 4 - DISCLOSURE OF PERSONAL INFORMATION
We may disclose the personal information that we collect about you as set forth below or as otherwise described at the time of collection or sharing.
1. Service providers: We may disclose personal information with third-party service providers who use this information to perform services for us, such as hosting providers, instructors, advisors, consultants, and user service and support providers.
2. Third Parties: We may employ other companies and individuals to perform functions on our behalf. Examples include sending postal mail and e-mail, removing repetitive information from user lists, analyzing data, providing marketing assistance, processing payments, transmitting content, and providing user service. These third-party service providers have access to personal information needed to perform their functions but may not use it for other purposes.
3. Business transfers: We may disclose or transfer personal information as part of any actual or contemplated merger, sale, and transfer of our assets, acquisition, financing, or restructuring of all or part of our business, bankruptcy, or similar event, including related to due diligence conducted before such event where permitted by law.
4. Legally required: We may disclose personal information if we are required to do so by law (e.g., to law enforcement, courts, or others, e.g., in response to a subpoena or court order).
5. Protect our rights: We may disclose personal information where we believe it necessary to respond to claims asserted against us or, comply with legal process (e.g., warrants), enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation, and to protect the rights, property, or safety of us, our clients and users or others.
SECTION 5 - TRACKING, AND ANALYTICS
We may use the first-party and third-party cookies, pixel tags, plug-ins, and other tools to gather device, usage, and browsing information when users visit Merit Drive, LLC for instance, when you visit our website, our server may record your IP address (and associated location information) and other information such as the type of your internet browser, your Media Access Control (MAC) address, computer type (Windows or macOS), screen resolution, operating system name and version, device manufacturer and model, language, and the pages you view and links you select on the Services, as well as the date and time stamps associated with your activities on Merit Drive, LLC.
We use the information for security purposes, to facilitate navigation, to personalize and improve your experience while using the Services, to improve and measure our advertising campaigns, and to better reach users with relevant advertising both on Merit Drive, LLC and on third party websites. We may also gather statistical information about the use of the Services in order to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them.
SECTION 6 - COOKIES
We may use the following types of cookies:
· Security: These cookies allow us to secure access to your account.
· Preference: These cookies are used to store your preferences like language choice and display of search results.
· Analytics: We track traffic patterns so we can identify popular content and potential problems.
· Advertising: We use non-identifiable information about you to show you advertising on our services and third-party sites.
If you have disabled one or more cookies, we may still use information collected from cookies before your disabled preference was set. However, we will stop using the disabled cookie to collect any further information.
For more information, please refer to our Cookies Policy.
SECTION 7 - PIXEL TAGS AND OTHER SIMILAR TECHNOLOGIES
Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Websites to, among other things, track the actions of users of the websites (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Websites and response rates. We and our service providers may also use pixel tags in HTML emails to our users, to help us track email response rates, identify when our emails are viewed, track whether our emails are forwarded, and conduct analytics.
SECTION 8 - LOG FILES
Most browsers collect certain information, such as your IP address, device type, screen resolution, operating system version, and internet browser type and version. This information is gathered automatically and stored in log files.
SECTION 9 - THIRD-PARTY ANALYTICS TOOLS
Google Analytics uses performance cookies to track user's interactions. For example, by using cookies, Google can tell us which pages our users' view, which are most popular, what time of day our website is visited, whether visitors have been to our website before, what website referred the visitor to our website, and other similar information. All of this information is anonymized.
SECTION 10 - DO-NOT-TRACK SIGNALS
Please note that our website does not recognize or respond to any signal which your browser might transmit through the so-called 'Do Not Track' feature your browser might have. If you wish to disable cookies on our website, you should not rely on any 'Do Not Track' feature your browser might have.
SECTION 11 - SECURITY
We use technical, administrative, and physical controls in place to help protect Personal Information from unauthorized access, use, and disclosure. Even so, despite our reasonable efforts, no security measure is ever perfect or impenetrable. If the security of your account has been compromised, please immediately notify us at firstname.lastname@example.org .
SECTION 12 - DO NOT SELL MY DATA
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity, and our "legitimate interests" or the legitimate interest of others, as further described below. In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such Personal Data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection. From time to time, we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
SECTION 13 - DATA RETENTION
We will retain your personal information for the period necessary to fulfill the purposes outlined in this privacy notice unless a longer retention period is required or permitted by law. We may retain personal information for longer where required by our legal and regulatory obligations, professional indemnity obligations, or where we believe it is necessary to establish, defend or protect our legal rights and interests or those of others. With respect to the data and files we handle as a processor, we retain this personal information in accordance with our clients' instructions.
SECTION 14- GDPR DATA PROTECTION RIGHTS
We would like to make sure you are fully aware of all of your data protection rights. Every European user is entitled to the following:
1. Right to access: If you can prove your identity, you have the right to obtain information about the processing of your data. Thus, you have the right to know the purposes of the processing, the categories of data concerned, the categories of recipients to whom the data are transmitted, the criteria used to determine the data retention period, and the rights that you can exercise on your data.
2. Right to rectification of your personal data: Inaccurate or incomplete personal data may be corrected.
3. Right to erasure (or "right to be forgotten"): You also have the right to obtain the erasure of your personal data under the following assumptions:
· Your personal data are no longer necessary for the intended purposes;
· You withdraw your consent to the processing and there is no other legal ground for processing;
· You have validly exercised your right of opposition;
· Your data has been illegally processed;
· Your data must be deleted to comply with a legal obligation. The deletion of data is mainly related to visibility; it is possible that the deleted data are still temporarily stored.
4. Right to limitation of processing: In certain cases, you have the right to request the limitation of the processing of your personal data, especially in case of dispute as to the accuracy of the data, if the data are necessary for the context of legal proceedings or the time required to verify that you can validly exercise your right to erasure.
5. Right to object: You have the right to object at any time to the processing of your personal data for direct marketing purposes. We will stop processing your personal data unless it can demonstrate that there are compelling legitimate reasons for the processing which prevail over your right to object.
6. Right to data portability: You have the right to obtain any personal data which you have provided us in a structured, commonly used, and machine-readable format. You are then free to transfer this data to a similar service provider.
7. Right to withdraw your consent: You may withdraw your consent to the processing of your personal data at any time, for example for personalized marketing communication purposes.
SECTION 15- CCPA PRIVACY RIGHTS
Under the CCPA, among other rights, California consumers have the right to:
· Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
· Request that a business deletes any personal data about the consumer that a business has collected.
· Request that a business that sells a consumer's personal data, not sell the consumer's personal data.
SECTION 16- CALIFORNIA ONLINE PRIVACY PROTECTION ACT
According to CalOPPA we agree to the following:
· Users can visit our site anonymously.
SECTION 17- CHILDREN'S PRIVACY
We do not knowingly collect, maintain, or use Personal Information from our Website about children under the age of 13. We request that persons under the age of 13 not use our website without supervision from a responsible adult. We will never request Personal Information from a child under the age of 13 without verifiable parental consent. If We become aware that a child under the age of 13 has sent Personal Information to us without prior parental consent, we will remove his or her Personal Information from our files.
SECTION 18- HOW WE PROTECT YOUR INFORMATION
Our security measures do not guarantee that your information will not be accessed, disclosed, altered, or destroyed by a breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.
SECTION 19- THIRD-PARTY WEBSITES
SECTION 20- CHANGES TO THIS POLICY
We may amend this Policy at any time. If we make any material change in how we collect, use, disclose or otherwise process personal information, we will prominently post a notice regarding such change on the Services. Where required to do so by law, we may seek your prior consent to any material changes we make to this Policy.
Terms and Conditions
Welcome to Merit Drive, LLC and thank you for visiting our website!
When you use our products and services, you're agreeing to our terms. So please take a few minutes to read over the below mentioned Terms and Conditions before using our website.
IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.
These Terms and Conditions of Service and Use are hereby made effective or “we” or “us” or “our "or “Company”), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of Merit Drive, LLC, hereby amend and restate any such prior terms and conditions.
SECTION 1 - ACCEPTANCE
By clicking “I AGREE” and/or simply by using or accessing our services and this website, you hereby agree,
(a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,
(b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of Merit Drive, LLC, as each may be amended or supplemented from time to time in our sole discretion without notice;
(c) that your use of our products and our website shall comply with all applicable federal and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing our services.
SECTION 2- PROPRIETARY RIGHTS
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the site, and all materials and content related to our programs even if the materials or content are not accessed through the site. Your use of the site does not grant to you ownership of any content, software, code, data or materials you may access on the site.
SECTION 3- PROHIBITED CONDUCT
Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
1. Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
2. Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes, and similar marketing concepts;
3. Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
4. Not to solicit personal information of another person or request or obtain access to an account of another person;
5. Not to bully, intimidate, or harass any person;
6. Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
7. Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial-of-service attack;
8. Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
9. Not to facilitate or encourage any violations of these Terms and Conditions;
10. Not to issue chargeback disputes against us;
11. Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
12. Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;
13. Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof.
SECTION 4- PAYMENT AND PRICES
Prices for products are quoted on the item listing and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product. In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. We reserve the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalogue, please let us know.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force. If you dispute any payment made to us you must contact us immediately and provide full details of your claim.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by checking the order details. You may correct those input errors before placing your order by editing your shopping cart.
SECTION 5- REFUSAL OF YOUR ORDER
We make an earnest effort to make sure that products listed on our website is available in stock and that the prices shown are correct. In the unlikely event when we’re not able to send your order or replacement due to unavailability of the product in our warehouse, we will inform you within a maximum of 7 working days from the date you place the order.
While we will use our best efforts to fulfil all orders, we cannot guarantee the availability of any particular product displayed on the Site. We reserve the right to discontinue the sale of any product listed on the Site at any time without notice.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
SECTION 6- SHIPPING POLICY
After your purchase has been approved, it will take 2-4 weeks to process your order and will be delivered to your preferred location within 6 weeks.
We may provide shipping time estimations for all of our products. We will work to get your order to you as quickly as possible, but please note that our shipping lead times are all estimations and we cannot guarantee an order to arrive by a specific time. We encourage you to ship all items to a permanent address in order to ensure a successful delivery.
Estimated delivery dates are indicative & approximate values only and items can be shipped earlier or later also on case-to-case basis depending on availability of item and other factors.
We use courier companies which provide tracking information and keep you updated regarding the same after your placed order has been processed. All tracking numbers will be emailed once the order is processed. International shipments are subject to import taxes and duties by the destination country upon receipt which is the sole responsibility of the buyer.
Shipping costs will be calculated at the time of checkout and it may vary depending on weight, postal code, and shipping method. Shipping to remote locations may require additional time for delivery.
Please be reminded that you will have to sign acceptance for your ordered when it is delivered. If you are unavailable at the time of delivery, your order will be couriered to you on the next available working day.
If you are not available to accept delivery of your shipment, the assigned courier company will provide a notification card advising you of the process for redelivery. If three (3) attempts in total are made to deliver your order, it will be returned to us. Redelivery will be at the expense of the customer.
Certain products purchased during this time may be delayed due to business interruptions due to local regulations regarding COVID-19. We are doing our best to estimate any potential delays in shipments on our product pages. We appreciate your patience and understanding at this time.
In rare cases, delivery may take longer for orders coming from overseas due to:
· Bad weather
· Flight delays
· National holidays or Festivals
· Order fulfillment process
· Customs clearance procedures
· Other unforeseen circumstances
Delivery time is subject to factors beyond our control including unexpected travel delays from our courier partners and transporters due to weather conditions and strikes. We will keep you informed on the status of your order including delays if any.
No refund, returns, replacement & exchange will be entertained for this reason.
SECTION 7- ASSUMPTION OF RISK
As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of our website that cannot be foreseen that can influence or reduce results. You understand that any mention of any suggestion or recommendation on or through our website is to be taken at your own risk, with no liability on our part, recognizing that there is a rare chance that illness, injury or even death could result, and you agree to assume all risks.
By purchasing our products, you accept responsibility to check with a professional before using any products that may interfere with your medical conditions.
SECTION 8- LIMITED LICENSE FOR BLUEPRINTS
You may access and view the blueprints on the site on your computer or other internet compatible device for your personal, non-commercial use only. To the extent you need to download software or documentation to use the products we grant you a limited, non-assignable, non-transferable, revocable license to use the blueprint solely to utilize such products or services. Such license will terminate when you no longer use our services.
SECTION 9- PERSONAL RESPONSIBILITY
You aim to accurately represent the information provided to us on or through our website. You acknowledge that you are participating voluntarily in using our website and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this website, and you agree to use your own judgment and due diligence before purchasing anything from our website.
Proper use of products supplied by Merit Drive, LLC is the responsibility of the user. Merit Drive, LLC will not accept responsibility for damages, injury, or death resulting from misuse of any products purchased through store. You are ultimately responsible for your own actions and decisions. Please learn the proper use of products purchased from Merit Drive, LLC and understand its limitations.
When using products purchased from Merit Drive, LLC, you accept full responsibility for your safety, as well as the safety of others around you. You are personally responsible for learning the proper techniques and good judgment necessary for proper use of products purchased from Merit Drive, LLC. Reading and understanding any product information provided by Merit Drive, LLC IS NOT A SUBSTITUTE for qualified personal instruction and guidance.
SECTION 10- EXTERNAL LINKS
From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. site owners and content may change without notice and may occur before we have the opportunity to remove a link that may have gone 'bad'.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their "Terms of Service" before engaging in any business or uploading any information.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
SECTION 11- LIMITATIONS ON USE
You may not reproduce, resell, or distribute our products (including product blueprints) for any purpose unless you have been specifically permitted to do so under a separate agreement with Merit Drive, LLC. You may not sell or enable any third parties to resell the products purchased by You, display on any website or otherwise publish the services or any Content obtained from a Service or otherwise generate income from the services or use the services for the development, production or marketing of a service or product substantially similar to our services.
SECTION 12- INDEMNIFICATION
You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the site or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
SECTION 13- DISCLAIMER OF WARRANTIES
(a) THE SITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE SITE, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER PRODUCTS, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
(b) WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE SITE OR SERVICES (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE.
SECTION 14- LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
SECTION 15- TERMINATION
We may terminate, change, suspend or discontinue any aspect of the site or the site's products or services at any time. We may restrict, suspend or terminate your access to the site and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
SECTION 16- COMMUNICATION
If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us.
SECTION 17- WAIVERS
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
SECTION 18- FORCE MAJEURE
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
SECTION 19- GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with American laws, and the courts of South Carolina will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
©Merit Drive, LLC 2021.All rights reserved. All materials presented on this site are copyrighted and owned by Merit Drive, LLC, or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.
SECTION 21- MODIFICATIONS
We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the site and/or the products or services offered on or through the site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
You hereby accept the fact that you have read, understood and are willing to abide by the terms and conditions laid down in this agreement. You further agree that the terms and conditions set out under this agreement are fair, reasonable and just given the matters set out under this agreement and you waive any and all rights to have any claims against us on grounds set out above.
Merit Drive, LLC is provided on an as-is and as-available basis. You agree that your use of the site and our products will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non- infringement.
We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site.
Views expressed on our website is intended for informational purposes only and must never be considered a substitute for advice provided by a qualified professional. We make no warranties or representations of any kind concerning the accuracy or suitability of the information contained on this website.
The products and services available on this website are not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.
Our website is also not intended to be a substitute for professional training, nutrition, diet, health, wellness, fitness, training tips, eating disorders, related issues or any other form of advice. When in doubt, consult your primary care physician, registered dietician or another certified professional. Do not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information made available on this website.
We are not licensed medical care providers and our products do not cure any medical conditions. We represent no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.We have done our best to ensure that the information provided on our website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through our website should be understood as a recommendation that you should not consult with a professional to address your particular information. Merit Drive, LLC expressly recommends that you seek advice from a qualified professional.
Merit Drive, LLC shall not be held liable or responsible for any errors or omissions on our website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
Thank you for shopping at Merit Drive, LLC. If you are not completely satisfied with a purchase we invite you to review our policy on refunds and returns. The following terms are applicable for any products that You purchased with us.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Refund Policy:
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Merit Drive, LLC.
• Service refers to the website.
• Website refers to rollingrainbowchairs.com website.
• Product refers to the products offered for sale on the website.
• Orders mean a request by You to purchase products from Us.
Any product once received by you, can be returned to us for a refund or replacement within 30 days of delivery of the package if:
• You received a damaged/faulty product;
• You received a wrong product;
• Your product didn’t arrive;
• You are not satisfied with your product.
If you received a damaged product, please contact us with proof as below:
• The photos of original package with front and back sides.
• The photos or video of the defective product(s).
• The photos, video or screenshot showing the malfunction of the defective product.
We will usually offer you a refund or send a replacement on your shipping expense, as soon as the problem is confirmed.
Return of or refund for purchased Products shall not be entertained by Merit Drive, LLC if:
• The Product has been used or altered in any manner;
• The price tags, brand tags, box, original packaging material, and accompanying accessories have been damaged or discarded by the User;
• The product is not accompanied by the original invoice of purchase.
• The serial number/IMEI number/bar code of the Product, as applicable, does not match our records;
• The accessories delivered with the Product are not returned along with the Product, in an undamaged condition;
• There are any major stains, dents, scratches, tears or any other damage to the Products or any part thereof;
• The Product doesn’t reach us in sellable condition;
• Merit Drive, LLC is satisfied that the Product has been rendered used, defective or unusable;
We reserve the right to refuse returns of any product that does not meet the refund conditions in our sole discretion. We will usually offer you a refund or send a replacement as soon as we recieve the defective product from you. This process might take 14 days to a month depending upon the different scenarios.
You can cancel your order before the product has been shipped. Amount paid will be refunded back to the same mode which was chosen by you at the time of making the payment. Unfortunately, an order cannot be cancelled once the item has been shipped from our warehouse.
ONE-YEAR LIMITED WARRANTY
Merit Drive, LLC warrants to the original purchaser of this product product that it is free of defect in material and workmanship and that, when operated within the guidelines and restrictions of this manual, will remain so free of defect in material and workmanship for a period of One (1) year from the original date of purchase.
WARRANTY EXCLUSIONS Excluded from this warranty is failure due to negligence, abuse, accident, operation outside of rated limits, commercial or institutional use, damage / wear to upholstery or tires and improper maintenance or storage.
The product must not be modified in any way without the express written consent from us. Any such unauthorized modification could cause unreliable and / or unsafe operation and will void this warranty.
Where a failure occurs within the 1- year warranty period that is not excluded above, the failed components will be replaced with similar new or reconditioned components at sole option. All costs, such as labour, transportation, and loss of use, associated with the replacement of defective parts and components are not covered under this warranty. The foregoing warranty is exclusive and in lieu of all other warranties expressed or implied including, but not limited to, the implied warranty of merchantability and fitness for a particular purpose. We will not be liable for any consequential or incidental damages whatsoever.