rules, policies and procedures that may be published from time to time through the Site (including our
Conditions”) govern (a) the use of the Site; (b) the sale of products or services offered on the
Site; and (c) the Site content that may appear or be offered on the Site (collectively, the “Services”).
Please read the Terms and Conditions carefully.
By using the Services, you (a) acknowledge that you have read, understand, and expressly agree to be legally bound by these Terms and Conditions; (b) agree to follow these Terms and Conditions and all applicable laws and regulations governing our Services; and (c) represent and warrant that you (i) are at least 18 years old, (ii) are a resident of the United States or lawfully consent to U.S. jurisdiction for all purposes related to the Services as if a resident, and (iii) have the right, authority, and capacity to enter into these Terms and Conditions (either on behalf of yourself or the entity you represent if you are using the Services on behalf of an entity). If you are under age 13, you may not, under any circumstances or for any reason, use the Services. If you do not agree with the foregoing, you are not authorized to use the Services in any manner.
These Terms and Conditions are a legal agreement between you and Design Milk Holdings ("Design Milk Everyday", "us", or "we"), which is providing you the Site, products, and/or Services. These Terms and Conditions constitute the entire agreement between you and Design Milk Everyday regarding the subject matter hereof. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you, and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. Any offer by Design Milk Everyday is conditioned on your acceptance of these Terms and Conditions.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE AND/OR THE SERVICES INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
Permitted Use and Restrictions
For purposes of these Terms and Conditions, the term “Content” includes,
without limitation, information, data, text, photographs, videos, audio clips, written posts and
comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made
accessible on or through the Services. For the purposes of these Terms and Conditions, “Content”
also includes all User Content (as defined below).
Subject to the terms and conditions of this agreement, we hereby grant you a limited, revocable, non-sublicensable, non-transferable and non-exclusive license to access and use the Site and Content (by displaying it on your internet browser) only for the purpose of using the Services, and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
As a condition of use, you promise not to use the Services for any purpose that is
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload to, distribute, or otherwise publish through the Services any Content, information, or other material that (i) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, right of publicity or other proprietary rights of any person or company or violates any law or contractual duty; (ii) is libelous, abusive, threatening, defamatory, vulgar, obscene, indecent, pornographic, or is otherwise inappropriate as determined by us in our sole discretion; (iii) could give rise to any civil or criminal liability under U.S. or international law; (iv) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code, software files, programs or properties intended to (A) disrupt, damage, alter or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (B) limit or interfere with the proper function of any software, hardware, or telecommunications equipment; (v) you know is false, misleading, untruthful or inaccurate; (vi) impersonates any person or entity, including any of our employees or representatives; (vii) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (viii) includes anyone’s identification documents or sensitive financial information; (ix) is intended to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (x) interferes with or disrupts servers or networks connected to the Services or violates the regulations, policies or procedures of such networks; (xi) harasses or interferes with another user's use and enjoyment of the Site; or (xii) constitutes any illegal activities.
You shall not: (a) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (c) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (d) run any form of auto-responder or “spam” on the Services; (e) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (f) harvest or scrape any Content from the Services; or (g) otherwise take any action in violation of our guidelines and policies.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these Terms and Conditions, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of us, our users and the public.
Unless we allow "guest" purchases, you will need to establish an account with us (“Account”)
to use certain features of the Services (e.g., to order products and services from the Site). You may
only create one account with us, and Design Milk Everyday reserves the right to immediately terminate any additional
accounts created by you. During the account registration process you will be asked to select a unique
password. You are solely responsible for protecting and maintaining the security and confidentiality of
the password and account, and are fully responsible for all activities that occur under the password.
You must provide accurate and complete information and keep your Account information updated. By logging
into the Site or otherwise using the Services, you represent and warrant that: (a) you are the customer
who registered for the services; (b) that you are using the services only for permitted purposes; and
(c) you are not a competitor of Design Milk Everyday, or agent thereof. You will immediately notify us of any
unauthorized use of the password or account or any other breach of security. You agree to exit from your
account at the end of each session. You may never use another person’s user account or
registration information for the Services without permission. Please contact
us to notify us of any change in your eligibility to use the Services, any potential unauthorized
use(s) of your account, or any breach of security; however, we have no obligation to investigate the
authorization or source of any such access or use of the Services.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING THE
PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE
SERVICES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND
TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED
THROUGH SUCH ACCESS OR USE.
If you create an account, you represent and warrant that: (a) you will not select or utilize a user name of another person with intent to impersonate that person; (b) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; (c) you will not select or utilize a user name that Design Milk Everyday in its sole discretion deems offensive; and (d) you are not a competitor of Design Milk Everyday, or an agent thereof.
You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
Availability of Content
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (a) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all; and (b) to remove or block any Content from the Services.
Ordering Products and Services
You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through our Site.
Prices; Colors; Availability
All prices listed on the Services are subject to change. In the event a product is listed at an
incorrect price or with incorrect information due to typographical error or error in pricing or product
information received from our suppliers, we shall have the right, prior to the acceptance of your order
pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or
not the order has been confirmed and your credit card charged. If your credit card has already been
charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit
card account in the amount of the charge.
Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.
The availability of products and other items on the Services may change at any time, without notice.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy will be one of the following: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.
For each product or service you order through the Services, you agree to pay the price applicable for
the product or service (including any sales taxes, surcharges and any delivery fees for the delivery
service you select) as of the time you submitted the order. Unless you and Design Milk Everyday have agreed to an
alternate billing arrangement in writing signed by Design Milk Everyday, Design Milk Everyday will automatically bill your credit
card submitted as part of the order process for such price. All prices are non-refundable. Without
limiting other remedies, we reserve the right to charge a late fee on all past due
payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or
the highest rate allowed by law. You will pay for all collection costs, attorneys’ fees, and court
costs incurred in the collection of past due amounts.
We use a third-party payment processor (the “Payment Processor”) to process your payments. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor.
Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not
included in the price of the Products.
We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within New York. Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges (except for taxes on Design Milk Everyday's net income), on orders shipped to any other state or on orders shipped outside the United States.
Shipping and Delivery
Design Milk Everyday, in conjunction with our service providers, will attempt to deliver a product within the requested range of days provided at the time the order was placed. You acknowledge that delivery date estimates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient's address. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site or Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site or Services is inaccurate at any time without prior notice (including after you have submitted your order). If your credit card has already been charged, a credit will be issued to your credit card.
User Content From Other Users, Links, Search Results, Advertising and
Our Site may contain (a) User Content provided by other users; (b) links to other sites operated by
third parties; (c) advertisements and/or sponsorships provided by third parties; and (d) stores,
services, or product lines offered by third parties ((a), (b) , (c), and (d) are collectively,
"Third-Party Materials"). We have no control over, are not responsible for, and assume no liability
regarding any Third-Party Materials or the applicable third parties. We are not responsible for any acts
or omissions of such third parties. We do not review, approve, endorse, guarantee, warrant, or make any
representations with respect to Third-Party Materials or the applicable third parties. For example, we
do not guarantee, warrant or represent that the Third-Party Materials are accurate, legal and/or
inoffensive or that these third party sites do not contain viruses or other features that may adversely
affect your computer. You use all Third-Party Materials and interact with such third parties at your own
risk. We are not obligated to be involved in any disputes between you and any such third parties. When
carefully review the applicable third party privacy statements and other terms and conditions of use.
You hereby release us, our subsidiaries, affiliates, directors, officers, employees, contractors, agents, suppliers, content providers, partners, representatives and successors (the “Design Milk Everyday Parties”) from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties. In connection with the foregoing, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 OR ANY OTHER SIMILAR LAW OF ANY JURISDICTION, WHICH STATES IN SUBSTANCE: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
The Site may be accessed from countries other than the United States. The Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use the Site or Services outside the United States you are responsible for complying with your local laws and regulations.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately
terminate your Account or revoke any or all of your rights granted under these Terms and Conditions at
any time, with or without cause, which may result in the forfeiture and destruction of all information
associated with your membership. Upon any termination of your Account or these Terms and Conditions, you
shall immediately cease all access to and use of the Site and Services, and we shall, in addition to any
other legal or equitable remedies, immediately revoke all password(s) and account identification issued
to you and deny your access to and use of the Services in whole or in part. All provisions of these
Terms and Conditions which by their nature should survive termination shall survive termination,
including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers,
indemnity, limitations of liability, and payment obligations. Termination shall not affect the
respective rights and obligations (including without limitation, payment obligations) of the parties
arising before the date of termination.
If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services.
You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content and the Services as herein described, including but not limited to the Design Milk Everyday Software and all HTML and other code contained in this Site, shall remain at all times vested in Design Milk Everyday and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site and the Services are protected by federal and state laws, common laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by Design Milk Everyday and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
Design Milk Everyday has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (https://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.Procedure for Reporting Copyright Infringement:
If you believe that material or content residing on or accessible through Design Milk Everyday websites, application,
or services infringes a copyright, please send a notice of copyright infringement containing the
following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Design Milk Everyday is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at:
Design Milk Holdings, LLC Attn: Copyright Department 939 N High Street, Suite 205 Columbus, OH 43201 email: firstname.lastname@example.org
Claims and Remedies
WITH RESPECT TO ANY OF OUR PRODUCTS, SERVICES OR SITE CONTENT, OUR SOLE AND EXCLUSIVE OBLIGATION OR LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WILL BE, IN OUR DISCRETION, TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER EQUIVALENT PRODUCT ITEMS, AS SOON AS REASONABLY POSSIBLE.
THE APPLICABLE CLAIM MUST BE BROUGHT WITHIN THIRTY (30) DAYS AFTER DELIVERY FOR PERISHABLE PRODUCTS AND ONE HUNDRED EIGHTY (180) DAYS AFTER DELIVERY FOR NON-PERISHABLE ITEMS, OR WE SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH PRODUCT ITEMS.
Disclaimer of Warranties
We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to
take any action regarding: (a) which users gain access to the Services; (b) what Content you access via
the Services; or (c) how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. The Site and/or the Services may contain, or direct you to websites containing, information or Content that some people may find offensive or inappropriate.
FROM TIME TO TIME, DESIGN MILK EVERYDAY MAY OFFER HEALTH AND WELLNESS RELATED PRODUCTS. YOU SHOULD ALWAYS SPEAK WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT OR USING ANY HEALTH RELATED PRODUCT. Design Milk Everyday does not warrant, and shall have no liability for, information provided in the Services regarding recommendations concerning products for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration unless otherwise indicated. Health and wellness related products on this Site and Services are not intended to diagnose, treat, cure or prevent disease. Content provided on the Services is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Design Milk Everyday makes no guarantee or warranty, express or implied, with respect to any health or wellness related products or services sold, including any warranty of merchantability or fitness for a particular purpose.
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, OUR SERVICES (INCLUDING OUR SITE CONTENT) MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SERVICES (INCLUDING OUR SITE AND SITE CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR SERVICES (OR SITE OR SITE CONTENT) WILL BE ERROR-FREE, TIMELY, SECURE, VIRUS FREE, OR UNINTERRUPTED, OR THAT THE USE OF OUR SERVICES WILL PROVIDE ANY SPECIFIC RESULTS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SERVICES (INCLUDING OUR PRODUCTS, SITE, AND SITE CONTENT) INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. THE DESIGN MILK EVERYDAY PARTIES DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL DESIGN MILK EVERYDAY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES OR A LINKED SITE, OR A USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SERVICES OR A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.
Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DESIGN MILK EVERYDAY AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: (I) INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITE, SERVICES, OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE (EVEN IF DESIGN MILK EVERYDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).; OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO DESIGN MILK EVERYDAY FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO DESIGN MILK EVERYDAY IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50).
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.
Basis of Bargain
THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN DESIGN MILK EVERYDAY AND YOU. DESIGN MILK EVERYDAY WOULD NOT BE ABLE TO PROVIDE THE SITE (INCLUDING THE PRODUCTS, SERVICES, AND SITE CONTENT) ON AN ECONOMICALLY ACCEPTABLE BASIS WITHOUT SUCH LIMITATIONS. THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY INURE TO THE BENEFIT OF DESIGN MILK EVERYDAY'S SUPPLIERS.
You shall defend, indemnify, and hold harmless the Design Milk Everyday Parties from all third party liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (a) your use or misuse of, or access to, the Site, Services or Content; (b) your User Content; (c) your violation of these Terms and Conditions; or (d) infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Applicable Law: The Terms and Conditions and any legal action against us shall be governed in
all respects by the laws of the State of New York and as those laws apply to agreements entered into and
to be performed entirely within New York, without regard to conflict of law provisions.
Forum and Jurisdiction: You agree that any claim or dispute arising from or relating to the subject matter of these Terms and Conditions must be resolved by an appropriate federal or state court located in the County of County of Columbus, Ohio. You agree to submit to the personal jurisdiction of the courts located in the County of New York, New York for the purpose of litigating any claim or dispute you have with or bring against Design Milk Everyday. Notwithstanding the foregoing, to the extent Design Milk Everyday believes that you have in any manner violated (or you threaten to violate) Design Milk Everyday's intellectual property rights, you agree that Design Milk Everyday is entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any appropriate jurisdiction.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action not covered by the section entitled "Disclaimer of Warranties" herein arising out of or related to use of the Site, products or Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Entire Agreement and Severability
These Terms and Conditions (including any supplemental terms, rules, policies, or procedures posted or provided by us) are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be eliminated to the minimum extent necessary and shall not affect the validity and enforceability of any remaining provision.
Other General Provisions
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions. As used herein, the term "including" means "including without limitation." Our failure to enforce any right or provision shall not operate as a waiver of such right or provision. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. Neither party is the agent or partner of the other party, and neither party has any authority of any kind to bind the other in any respect. These Terms and Conditions may not be assigned by you without our prior written consent and any attempted assignment in violation of the foregoing shall be null and void. We may assign, transfer or delegate any of our rights and obligations under these Terms and Conditions to any third party without your prior written consent. The terms of these Terms and Conditions shall be binding upon permitted assignees. Unless otherwise specified in these Term and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com.
You may contact us at the following address:
Design Milk Holdings, LLC
939 North High Street, Ste. 205
Columbus, OH 43201