TERMS & CONDITIONS of Use

(updated 8/28/2023)

Welcome to www.martymason.com . This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

These Terms & Conditions — Site Use and In-Store Purchases (“Terms of Use”) govern your purchases of MIA Designs, Inc. (“Marty Mason”), including Martymason.com, its related subdomains and microsites, and any Marty Mason mobile applications, if developed (collectively, the “Site”). Our Stores and this Site are operated by MIA Designs, Inc, as a service to our customers on behalf of all Marty Mason affiliates. PLEASE BE ADVISED USING THIS SITE IN ANY MANNER, WHETHER BY BROWSING, PARTICIPATING IN AN ONLINE ACTIVITY OR PROMOTION, OR MAKING A PURCHASE (“SERVICES”), CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS OF USE, AS WELL AS  THE MARTY MASON PRIVACY POLICY. Any interaction you have with the Site through the use of browsers, applications, programs, or other tools, whether installed by you or a third party, shall be deemed to be your use of this Site. Marty Mason reserves the right to update or modify these Terms of Use at any time, without prior notice. By using this Site following any such
change, you agree to follow and be bound by the Terms of Use as modified. As such, Marty Mason recommends you review these Terms periodically and each time you visit the Site. For purposes of these Terms of Use, unless otherwise specified herein, “Marty Mason,” “our,” “we,” or “us” refers to MIA Designs, Inc., as well as any of their respective present or future affiliates or subsidiaries, and any persons or entities (including agents, representatives, or employees) related to Marty Mason or its present or future affiliates or subsidiaries. Each of you and Marty Mason are sometimes referred to herein individually as a “party” and together as “parties.”

IF, AT ANY TIME, YOU DO NOT AGREE TO OR CANNOT COMPLY WITH ANY OF THESE TERMS OF USE, YOU SHOULD NOT, AND ARE NOT ALLOWED TO, ACCESS OR USE THIS SITE OR MAKE PURCHASES FROM MARTY MASON, AS APPLICABLE. MARTY MASON OFFERS THE SITE AND SERVICES TO YOU CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THESE TERMS OF USE. YOUR USE OF THE SITE AND YOUR SHOPPING IN OUR STORES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON YOUR REMEDIES. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND MARTY MASON. IN THE EVENT OF A VIOLATION OF THESE TERMS OF USE, MARTY MASON RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE BY LAW AND IN EQUITY.

USE OF THIS SITE

All materials you see and hear on this Site, including, for example, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (individually or collectively, the “Content(s)”) — are intended solely for your personal, non-exclusive, and non-commercial use. You may access, view, download, print, or copy the Contents displayed on the Site for your personal, non-commercial use only; provided, however, that you (a) retain all copyright, trademark or other proprietary designations contained on all Contents; (b) do not modify or alter the Contents in any way; and (c) do not provide or make available the Contents to any third party. No right, title or interest in any accessed, viewed, downloaded, printed, or copied Content is transferred to you as a result of your use of this Site. MIA Designs, Inc. owns and reserves all right, title, and interest in and to the intellectual property rights in any Content you may access on this Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Contents or this Site without first obtaining written permission from Marty Mason.

Marty Mason may terminate, change, suspend, or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. Marty Mason also reserves the right to block or deny access to the Site to anyone at any time for any reason.

By your use of this Site, you represent and warrant that you are at least eighteen (18) years of age. If you are not at least eighteen (18) years of age, then do not use this Site without the consent of your parent or legal guardian; provided, however, that if you are under thirteen (13) years of age, then you may not use this Site under any circumstances.

To the fullest extent permissible by applicable law, you agree to indemnify and hold Marty Mason harmless from and against any damages or losses of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit, or demand of any third party due to, arising out of, or related to (a) your access to the Site, (b) your use of the Site, (c) any User Content submitted by you, or (d) your breach of these Terms of Use.

COMPLIANCE WITH ALL LAWS & SITE SECURITY

You agree to use this Site only for lawful purposes. You are expressly prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for you or logging onto a server or an account for which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail-bombing, or crashing; or (d) sending or relaying unsolicited email, including promotions and/or advertising of products or services. You further agree not to misrepresent your identity while making purchases from Marty Mason or using the Site or interfere or attempt to interfere with the proper working of this Site.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IF YOU DISAGREE WITH THESE TERMS OF USE, AS MAY BE AMENDED FROM TIME TO TIME, YOUR SOLE AND EXCLUSIVE REMEDY IS TO (A) DISCONTINUE USING THE SITE AND STOP SHOPPING FROM MARTY MASON, (B) NOT MAKE A PURCHASE, AND/OR (C) RETURN ANY ELIGIBLE PURCHASE WITHIN FOURTEEN (14) DAYS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND/OR YOUR PURCHASE IN OUR STORE OR ON THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MARTY MASON WILL NOT BE LIABLE TO ANY PARTY FOR ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES FOR SOLICITATIONS, ADVERTISING PURCHASES IN OUR STORE OR THIS SITE, OR FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEBSITES INCLUDING, WITHOUT LIMITATION, DAMAGES, LOSSES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA, OR DAMAGES RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR RELIANCE ON THE INFORMATION PRESENT. THIS LIMITATION OF LIABILITY APPLIES WHETHER A CLAIM IS BASED IN CONTRACT, NEGLIGENCE, STATUTE, OR TORT, EVEN IF MARTY MASON OR SITE SERVICE PROVIDERS ARE EXPRESSLY ADVISED ABOUT, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU SHALL DEFEND, INDEMNIFY, AND HOLD MARTY MASON AND SITE SERVICE PROVIDERS HARMLESS AGAINST ANY SUCH DAMAGES OR LOSSES. FOR PURPOSES HEREOF, “SITE SERVICE PROVIDERS” SHALL MEAN THIRD-PARTY SERVICE PROVIDERS THAT PROVIDE SITE SERVICES TO MARTY MASON THAT CONTRIBUTE TO THE FUNCTIONALITY OF THE SITE.

THE LIMITATIONS OF LIABILITY ABOVE ARE BINDING IN THE STATE OF GEORGIA. HOWEVER, IN SOME OTHER JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY OF MARTY MASON AND SITE SERVICE PROVIDERS UNDER SUCH CIRCUMSTANCES FOR DISPUTE(S) THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000).

DISCLAIMER OF WARRANTY

MARTY MASON PROVIDES ACCESS TO THIS SITE TO MARTY MASON CUSTOMERS AND PROSPECTIVE CUSTOMERS “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT ON ALL USES/PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MARTY MASON DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE AND/OR GIFT CARD(S) UTILIZED TO PURCHASE MERCHANDISE OFFERED. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE MERCHANDISE. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MARTY MASON DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR, OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MARTY MASON FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY, OR DAMAGE AS TO THE ACCURACY OR COMPLETENESS OF EACH MERCHANDISE ITEM INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY, AND SIZES. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MARTY MASON FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY, OR DAMAGE FOR ANY THEFT OR LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY DATA OR COMMUNICATIONS SENT TO, FROM, OR STORED ON THIS SITE.

JURISDICTION; RISK OF LOSS; CHOICE OF LAW; FORUM

Marty Mason controls this Site from its offices within the State of Georgia. THE USE OF THIS SITE SHALL BE LIMITED TO THE BOUNDARIES OF THE CONTINENTAL UNITED STATES, HAWAII, ALASKA, AND APO/FPO MILITARY ADDRESSES. The risk of loss and title to items passes to the purchaser upon delivery.

Marty Mason does not imply that the materials published on this Site are appropriate for use outside of the United States. Notwithstanding the foregoing, if you access this Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with all applicable domestic and local laws, regulations, or equivalents thereof.

THESE TERMS OF USE, AS WELL AS ANY SOLICITATIONS, ADVERTISING, PURCHASES, AND/OR RETURNS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISIONS.

Unless you and Marty Mason agree otherwise, to the fullest extent permitted by law, the state and federal courts that encompass Fulton County, Georgia, shall have exclusive jurisdiction over any disputes (except for claims brought in small claims court) over any claim between you and Marty Mason, including an action challenging the enforceability of any term of these Terms of Use. You and Marty Mason consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to (a) inconvenient forum or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.

PRICING & PRODUCT INFORMATION

While Marty Mason strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. Marty Mason reserves the right to correct any errors, inaccuracies, or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price, with incorrect information, or discounted in error, Marty Mason shall have the right, in its sole discretion and to the fullest extent permissible by applicable law, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, Marty Mason will issue a credit to your credit card as your sole and exclusive remedy if permissible under applicable law. We apologize for any inconvenience this may cause you.

PRICING & RETURNS

You agree that you are responsible for all charges incurred in connection with any purchase on our Site, including, without limitation, all taxes, shipping, handling, and processing charges or other fees. Marty Mason will issue a refund of the purchase price for any product returned to us within fourteen (14) days of purchase, provided the product is returned unused, in its original packaging, and with the original tags attached. Refunds will be made to the same payment source you paid with. In the event of a returned item, you will not be refunded any shipping costs.

SHIPPING

Marty Mason strives to provide accurate estimates of shipping time at the time of purchase. However, shipping times may vary depending upon the inventory availability, delivery location, and carrier demand. Marty Mason does not warranty or represent that products will be delivered on a date certain. Upon Marty Mason’s tender of an order to a carrier, Marty Mason will provide you with tracking information is not responsible for misdelivered products as a result of your error in providing accurate shipping information, and refunds will not be issued to you if a product is lost due to your error in providing such accurate shipping information.

COLORS

Marty Mason attempts to display the colors of our merchandise shown on this Site as accurately as possible. However, because a monitor’s display may vary the colors shown, we cannot guarantee that your monitor will accurately depict the actual color of the merchandise.

PROHIBITION OF RESELLERS AND QUANTITY LIMITS

Marty Mason offers merchandise to consumers through this Site. Marty Mason is a retailer, not a wholesaler. Marty Mason does not sell to resellers, and resellers are prohibited from purchasing product, enrolling in and/or participating in any program or offer sponsored in whole or in part by Marty Mason. If any of Marty Mason terms and conditions for any of its programs, offerings, or product purchases are violated or abused, as determined in Marty Mason sole discretion, Marty Mason reserves the right, without prior notice, to: (a) reject an order or otherwise limit the quantity of items purchased per person, per household or per order; (b) terminate, close, and/or deactivate any account; and (c) prohibit further purchases, participation in, and access to any Marty Mason platforms, sites or programs.

USER REVIEWS, COMMENTS, & SUBMISSIONS

Marty Mason welcomes your feedback regarding this Site, as well as your reviews, comments, photos, videos, audio, and other content that you submit through or to the Site (“User Content”), as long as the User Content is appropriate for a family audience and otherwise complies with these Terms of Use, as well as other Marty Mason guidelines specific to the activity or forum, as applicable. By posting or submitting your User Content to our Site, you expressly agree NOT to submit User Content which: (i) is harmful, threatening, abusive, harassing, tortious, deceptive, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or otherwise objectionable; (ii) violates any law, regulation, or right of any third party, including, without limitation, copyright, trademark, patent, privacy, or publicity rights or any other proprietary rights; and/or (iii) contains malware, commercial solicitations, political campaigning, mass mailings, or “spam” of any kind.

You acknowledge and agree that Marty Mason has the right (but not the obligation) to do any or all of the following at any time: (a) monitor User Content; (b) remove or refuse to post any User Content; and/or (c) disclose User Content to any third party, and the circumstances surrounding submission.

You alone, and not Marty Mason, are responsible for ensuring you have the rights to grant the license described in these Terms of Use and for Marty Mason to post the User Content, including, but not limited to, any copyright rights to images or other content, and the right to publish the images of people, landscapes, and/or other creative works within the User Content. When you post or submit User Content, you grant to Marty Mason a non-exclusive, fully paid-up, perpetual, worldwide, irrevocable, royalty-free, transferable, and sub-licensable right and license to use, display, disclose, perform, reproduce, transmit, copy, modify, delete, adapt, publish, translate, creative derivative works from, sell, and distribute such User Content and to incorporate the User Content into any form, product, marketing, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. Accordingly, do not send, post, or submit any User Content that you do not wish to license to Marty Mason, including any confidential information or any original creative materials, such as product ideas or original artwork. To the extent you submit your name, username, nickname, or other personal identifier along with your User Content, you grant to Marty Mason the right (but not the obligation) to use such identifier, or portion thereof, with such User Content. To the fullest extent permissible by applicable law, you agree to indemnify and hold Marty Mason harmless from all claims arising out of your breach of the Terms of Use or in connection with your User Content.

As a visitor to our Site, please be advised that Marty Mason does not endorse or take responsibility for the opinions, advice, information, or statements made by third-party visitors to our Site, whether through User Content or otherwise. To the fullest extent permissible by applicable law, Marty Mason shall not be liable, directly or indirectly, to anyone for any damage or losses of any nature arising from or out of User Content. You alone, and not Marty Mason, shall bear sole liability for any such damages or losses arising from User Content submitted by you. If you believe that any User Content violates your copyright, contact support@martymason.com.

COPYRIGHTS AND TRADEMARKS

“Marty Mason”, as well as related product and service names, design marks, and slogans, are registered trademarks of MIA Designs, Inc.. Unless otherwise noted, all Content, format, and imagery of the Site are protected as copyrights, trademarks, service marks, trade names, or other intellectual property owned, controlled, or licensed by Marty Mason, one of its affiliates, or by third parties who have licensed certain intellectual property rights to Marty Mason and are protected by U.S. and international intellectual property laws and treaty provisions. Unauthorized use of the Content is a violation of law and these Terms of Use. No rights in any trademark, service mark, or trade name are granted to you in connection with your use of this Site. Without limiting the foregoing, please be advised that Marty Mason has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines may constitute a violation of Marty Mason intellectual property rights and/or may rise to the level of unfair competition.

Marty Mason, its suppliers, and licensors expressly reserve all intellectual property and other proprietary rights in all content, format, imagery, text, programs, products, processes, technology, and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Marty Mason or any third party’s intellectual property rights. All rights reserved. Further, the Content, format, and imagery of the Site are copyrighted under United States law and protected by worldwide copyright laws, treaty provisions, and other protections afforded intellectual property. Unauthorized duplication is a violation of law and these Terms of Use.

ENTIRE AGREEMENT

These terms and conditions serve as the entire understanding and agreement, and supersede all prior understandings and agreements of the parties, regarding the subject matter of the Terms. Except as provided above with respect to the Arbitration Agreement, if any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should endeavor to replace the invalid or unenforceable provision with a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading allowable under the law consistent with the intention of the invalid or unenforceable provision.

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