Updated: September 2020
Major Trading controls and operates this site from its offices within the United States. Claims relating to, including the use of, this site and the materials contained herein are governed by the laws of the United States and the State of California, without regard for its conflicts of law provisions.
Arbitration Procedure. Any such binding arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. One arbitrator shall be appointed in accordance with the rules of the AAA. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Award. The arbitrator’s decision and award shall be in writing, and counterpart copies thereof shall be delivered to each of the parties simultaneously. In rendering such decision and award, the arbitrator shall not add to, subtract from or otherwise modify the provisions of this agreement or any agreement entered into pursuant hereto. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees. Under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waive any and all rights to have damages multiplied or otherwise increased.
LIMITATION OF OTHER PROCEEDINGS AND CLASS ACTION WAIVER
Each party agrees that it will not file (nor will it cause any other person or entity to file) any suit, motion, petition, or otherwise commence any legal action or proceeding which may be submitted to arbitration pursuant to this Agreement. Upon the entry of an order dismissing or staying any such action or proceeding in a court, the party which filed such action or proceeding shall promptly pay to the other party the attorneys’ fees, costs, and expenses incurred by such other party prior to the entry of such order. Moreover, BY AGREEING TO ARBITRATION IN ACCORDANCE WITH THIS PROVISION, YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY ACTION AGAINST MAJOR TRADING REGARDING ANY CLASS CLAIM YOU MAY HAVE AGAINST MAJOR TRADING, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
Except as provided above with respect to jurisdiction in Los Angeles, California and Manhattan, New York, New York, nothing in this arbitration provision shall be construed as consent by Michael & Michelle Enterprises or its affiliates to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Michael & Michelle Enterprises Services or this Agreement.
SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS
The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Michael & Michelle Enterprises or its subsidiaries and affiliates ("Michael & Michelle Enterprises") or are the property of their respective owners. The name Michael & Michelle Enterprises and the Michael & Michelle Enterprises logo are registered marks.
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:
(1) placing an order with Michael & Michelle Enterprises; or
(2) using this Site as a shopping resource, provided you do not modify the Site and that you retain, without modification, all copyright and other proprietary notices contained in the Contents.
Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of Michael & Michelle Enterprises or the applicable copyright owner.
Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws, and, without the prior written permission of Michael & Michelle Enterprises, is strictly prohibited.
DISCLAIMER OF WARRANTY
MICHAEL & MICHELLE ENTERPRISES IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH MICHAEL & MICHELLE ENTERPRISES BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, MICHAEL & MICHELLE ENTERPRISES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL MICHAEL & MICHELLE ENTERPRISES BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (COLLECTIVELY, “DAMAGES”), INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF MAJOR TRADING’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
In an effort to provide our customers with the most current information, Michael & Michelle Enterprises will, from time to time, make changes in the Contents and in the products or services described on this Site.
You agree to indemnify and hold Michael & Michelle Enterprises (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses or damages relating to defending such claims, arising out of or related to a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.
ABOUT OUR PRICES
We may revise the pricing for products and services we offer. When you place your order, we estimate applicable tax and include that estimate in the total for your convenience. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION AND SUBMISSIONS PROVIDED BY YOU
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Major Trading ("Transmissions") shall be and remain Michael & Michelle Enterprises' property. By submitting any Transmissions to Michael & Michelle Enterprises, you represent and warrant that:
you are the sole author and owner of the Transmission and any intellectual property rights thereto;
all "moral rights" that you may have in such Transmission have been voluntarily waived by you;
all Transmissions that you post are accurate;
you are at least 13 years old; and
You further agree and warrant that you shall not submit any Transmission:
that is known by you to be false, inaccurate or misleading;
that infringes any third party's intellectual property rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation;
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
that contains any computer viruses, worms or other potentially damaging computer programs or files.
For any Transmission, you grant Michael & Michelle Enterprises a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email address in connection with your Transmission, you agree that Michael & Michelle Enterprises and its third-party service providers may use your email address to contact you about the status of your Transmission and other administrative purposes.
In using this Site, you agree to the following:
(a) you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of this Site;
(b) you will not to violate or attempt to violate the security of this Site, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; or (iii) attempt to transmit any "virus", "Trojan horse" or other software destruction or disruption device; and
(c) you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of this Site.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to firstname.lastname@example.org . You may also contact us by writing to Michael & Michelle Enterprises, 659 South 6th Ave, City of Industry, CA 91746 Attn: Customer Relations or by calling (626) 333-6011. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Michael & Michelle Enterprises Recurring Offers
Redeeming Reoccurring Text Offer
Unless otherwise noted, the prices and offers advertised through Michael & Michelle Enterprises Recurring Offers are valid only at www.MICHAELMICHELLE.SHOP are good for one-time use only, are not transferable, are not for resale or auction and cannot be combined with other offers or promotions. We reserve the right to limit quantities sold to each customer. Limit 1 coupon per customer. Void where prohibited.
Message & Data Rates May Apply
You acknowledge that any text messages you receive from Michael & Michelle Enterprises are distributed via third-party mobile network providers. As a result, Michael & Michelle Enterprises cannot control certain factors relating to message delivery. You further acknowledge that neither Michael & Michelle Enterprises nor your wireless carrier is liable for delayed or undelivered text messages.