TERMS OF WEBSITE USE AND PRODUCT SALE
Moses Appliances LLC, Inc.
Welcome to themoses.com (this “Site”). Moses Appliances LLC, Inc. (“Moses”, “we”, “our” or “us”) provides access to this Site and the materials made available on or through this Site, including, but not limited to, all products, data, text, images, sounds, videos and other content (collectively, “Moses Appliances LLC Services”) subject to the terms and conditions set forth below (these “Terms of Use”).
BY ACCESSING THIS SITE AND USING MOSES APPLIANCES LLC SERVICES, YOU ARE ACKNOWLEDGING THAT (1) THESE TERMS OF USE CONSTITUTE AN AGREEMENT BETWEEN YOU AND MOSES APPLIANCES LLC, EVEN THOUGH THESE TERMS OF USE ARE ELECTRONIC, AND (2) YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS SITE OR THE MOSES APPLIANCES LLC SERVICES.
A. TERMS OF USE.
1. GENERAL CONDITIONS
This Site and the Moses Appliances LLC Services are owned and operated by Moses Appliances LLC. Moses Appliances LLC grants you a limited, nonexclusive, nontransferable license to access this Site and the Moses Appliances LLC Services for your personal, non-commercial use. The design of this Site, this Site as a whole, the Moses Appliances LLC Services, and all materials that are part of this Site or the Moses Appliances LLC Services are protected by copyright, trademark and other intellectual property or proprietary laws. You have no right of ownership or title in this Site and the Moses Appliances LLC Services, and you must comply with all applicable laws and regulations when you use this Site and the Moses Appliances LLC Services. No further use of this Site and the Moses Appliances LLC Services may be made without the prior written authorization of Moses Appliances LLC. Any unauthorized use of this Site and the Moses Appliances LLC Services may violate copyright, trademark, and other intellectual property or proprietary laws, the laws of publicity and privacy, and communications regulations and statutes.
Any information you provide to Moses Appliances LLC in connection with your use of this Site or the Moses Appliances LLC Services may not: (a) be false, inaccurate or misleading, (b) contain any malware, viruses, Trojan horses, worms, or other automatic devices that are intended to damage, detrimentally interfere with or intercept any data or information from this Site or the Moses Appliances LLC Services, and (c) infringe any third party’s intellectual property or other proprietary rights.
Moses Appliances LLC operates this Site and the Moses Appliances LLC Services from within its offices in the United States. Use of this Site and the Moses Appliances LLC Services may not be legal by certain persons or in certain countries. If you use this Site or the Moses Appliances LLC Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction.
You agree to use this Site and the Moses Appliances LLC Services for personal, non-commercial use only. You may not (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute or otherwise commercially exploit or make this Site or the Moses Appliances LLC Services available to any third party, other than as expressly permitted by these Term of Use or (ii) try to use, or use this Site or the Moses Appliances LLC Services in violation of these Terms of Use.
2. INTELLECTUAL PROPERTY RIGHTS
Moses Appliances LLC shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to you to use this Site or the Moses Appliances LLC Services under these Terms and Conditions do not convey any additional rights in this Site or any Moses Appliances LLC Services, or in any Intellectual Property Rights associated therewith.
3. DISCLAIMER OF WARRANTIES
THIS SITE, THE MOSES APPLIANCES LLC SERVICES AND THE INFORMATION PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
MOSES APPLIANCES LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE QUALITY, SAFETY OR EFFICACY OF ANY PRODUCT, INCLUDING THE DEVICE, AND/OR SERVICE THAT IS DISCUSSED, PROMOTED, OBTAINED, OR PURCHASED WITHIN OR VIA THIS SITE OR THE MOSES APPLIANCES LLC SERVICES WILL MEET YOUR EXPECTATIONS.
4. LIMITATION OF LIABILITY
MOSES APPLIANCES LLC IS NOT LIABLE FOR ANY PERSONAL INJURY OR ILLNESS, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THIS SITE OR THE MOSES APPLIANCES LLC SERVICES, INCLUDING ANY PRODUCTS OR DEVICES. IN NO EVENT SHALL MOSES APPLIANCES LLC BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, THE MOSES APPLIANCES LLC SERVICES, OR ANY PRODUCTS OR DEVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOSES APPLIANCES LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF MOSES APPLIANCES LLC TO YOU SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO MOSES APPLIANCES LLC IN THE PREVIOUS TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED PURSUANT TO THE AGREEMENT OF THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TERMS OF USE.
Moses Appliances LLC also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site or the Moses Appliances LLC Services, or your downloading of any materials, data, text, images, video, or audio from this Site
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In such jurisdictions, Moses Appliances LLC’s liability will be limited to the greatest extent permitted by law.
5. ERRORS AND SYSTEM UNAVAILABILITY
This Site and the Moses Appliances LLC Services may contain technical inaccuracies or typographical errors. Moses Appliances LLC may correct such inaccuracies or errors in its sole discretion. In addition, Moses Appliances LLC may schedule system downtime for maintenance and other purposes. In the event that any unplanned system outages occur, Moses Appliances LLC shall not be liable for the resulting unavailability of this Site and the Moses Appliances LLC Services or for any resulting loss of data or transactions.
6. INDEMNIFICATION
You agree to defend, indemnify and hold Moses Appliances LLC, its affiliates, subsidiaries, service providers, other end users, distributors, licensors, officers, directors, employees, agents and affiliates, harmless from and against any claims, actions or demands, including, but not limited to, reasonable legal and professional services fees, arising or resulting from your violation of any of these Terms of Use, any User Content (defined below) you post via your user account or the Site generally, or your violation of any law, regulation or third-party right or negligent actions in connection with your use of this Site. Moses Appliances LLC will provide you with notice of any such claim, suit, or proceeding.
7. ACCOUNTS
For certain aspects of the Site or the Moses Appliances LLC Services, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Moses Appliances LLC in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. Moses Appliances LLC may refuse to grant a particular username to you for any reason, including, without limitation, in the event Moses Appliances LLC determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
8. USER CONTENT
The content posted by users via the Site (“User Content”) is the intellectual property of the specific users of the Site who post such User Content and their licensors, if any. Moses Appliances LLC does not claim any ownership rights in such User Content. By posting User Content via the Site, however, you hereby grant to Moses Appliances LLC a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.
Moses Appliances LLC does not generally monitor or otherwise remove User Content after it is posted on the Site except under certain limited circumstances as required or permitted by law or otherwise in the sole discretion of Moses Appliances LLC. In the event you would like to request that Moses Appliances LLC remove your User Content from the Site, please contact Moses Appliances LLC at info@themoses.com Please note however, that if Moses Appliances LLC agrees, in its sole discretion to remove your User Content, such User Content may not be completely removed or may otherwise still be available to others in the following circumstances: (a) your User Content has been incorporated into derivative works or compilations created by Moses Appliances LLC or other parties; (b) such User Content has been retained in Moses Appliances LLC’s data backup systems or for archival purposes; or (c) to the extent such User Content has been sold to or downloaded by other persons and such persons retain your User Content.
In the event that you post any User Content via the Site, you hereby represent and warrant to Moses Appliances LLC: (1) you are owner of such User Content or otherwise have the right to grant Moses Appliances LLC the licenses or assignments granted pursuant to these Terms of Use; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses or assignments; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true and accurate.
9. COMMENTS AND FEEDBACK
Moses Appliances LLC welcomes any comments and/or feedback regarding this Site or the Moses Appliances LLC Services. However, Moses Appliances LLC will not treat such comments and/or feedback as propriety or confidential. By providing comments and/or feedback to Moses Appliances LLC, you are granting to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into this Site or the Moses Appliances LLC Services, or to otherwise use, any comments and/or feedback we receive from you. You hereby represent and warrant that, as between Moses Appliances LLC and you, you are solely responsible for the content and information contained in any comments and/or feedback you send to Moses Appliances LLC, including, but not limited to, its truthfulness and accuracy.
10. LINKS
The Site may contain links to third party websites. Access to any such websites is at your own risk and Moses Appliances LLC is not responsible for the accuracy, availability or reliability of any goods, services or content thereon. Moses Appliances LLC is not liable for any injury, damage or loss arising from or related to your use of any such website. Moses Appliances LLC provides links to third party websites merely as a convenience and not as an endorsement.
11. PRIVACY POLICY
When you use this Site and the Moses Appliances LLC Services, you are also subject to Moses Appliances LLC’s Privacy Policy.
12. APPLICABLE LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law rules. You and Moses Appliances LLC expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Seattle, Washington, for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use.
13. SEVERABILITY
These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. BY ACCESSING AND USING THIS SITE AND THE MOSES APPLIANCES LLC SERVICES, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND THAT THE TERMS OF USE WILL APPLY TO AND GOVERN YOUR USE OF THIS SITE AND THE MOSES APPLIANCES LLC SERVICES AND YOUR ORDERS AND USE OF ANY PRODUCTS FROM MOSES APPLIANCES LLC.
14. UPDATES TO TERMS OF USE
Moses Appliances LLC reserves the right to amend these Terms of Use periodically without notice to you. Any amendments to these Terms of Use will be considered effective immediately upon the date they are posted to this Site. If you have any questions or concerns regarding these Terms of Use, please contact us by e-mail at info@themoses.com.
Moses Appliances LLC reserves the right to delete modify or supplement the content of this Site at any time for any reason without notification to anyone. Moses Appliances LLC may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound
B. TERMS OF SALE
1. PRODUCT AVAILABILITY AND INFORMATION
Product availability on this Site is not guaranteed as it may be low in stock. In the event that any Moses Appliances LLC product is out of stock by the time we process your order, we will notify you by e-mail of such unavailability.
The prices displayed on this Site are quoted in U.S. dollars. Applicable shipping and handling charges and state and/or federal taxes are not included. For more information on pricing and ordering Moses Appliances LLC products through this Site generally, please refer to www.themoses.com
2. NO RISK RETURN POLICY
Our Satisfaction Guarantee means that you can trust Moses Appliances LLC to deliver high quality products to you at affordable prices. Our no-risk return policy means that you can order a Moses Appliances LLC product, test it out, and, if you’re not satisfied, you can initiate the return authorization process within 30 days from the date of purchase. Please note that Return Authorization numbers must be requested within 30 days from date of purchase, and the product must be received by Moses Appliances LLC (original packaging must be included) within 45 days from date of purchase. If you wish to return a product for a refund, you must follow the steps outlined below:
a. Send us an email at info@themoses.com with the following information:
(i) Invoice or order number from your email receipt, and
(ii) The reason for returning the product, which adequately describes your individual experience using the product;
b. A customer service representative will review your return request and issue a Return Authorization Number and provide the address for returning the product by email;
c. Once we receive the returned product within the 45-day return period, we will issue a refund for the full purchase price of the product (excluding any extra shipping charges) paid by you at the time of purchase.
d. You are solely responsible for the cost of shipping the returned product.
e. You must satisfy the above requirements in order to receive a Return Authorization number. Any products returned without a valid Return Authorization number will not be eligible for a refund nor will Moses Appliances LLC return them to you.
3. SHIPPING AND PAYMENT
When you place your order, you can choose your shipping method. Expedited shipping can take approximately 1-7 business days, and Regular USPS shipping can take 1-2 weeks. If using a coupon code, please note that only one coupon code can be used per order.
We use the applicable countries’ most efficient means of postal service to deliver your item.
We will make commercially reasonable efforts to prepare your order within 1-2 business days and then ship it to you according to your chosen delivery method. Your overall expected delivery date will depend on the delivery method chosen.
You assume all responsibility of any goods F.O.B (i.e. upon pickup by your selected carrier).
We accept the following forms of payment: Visa, MasterCard, AMEX, Discovery Card or PayPal. Payments can be made online or by phone. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms and Conditions to determine your rights and liabilities as a cardholder. YOU, AND NOT MOSES APPLIANCES LLC, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Moses Appliances LLC of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Moses Appliances LLC does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Moses Appliances LLC or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
4. ORDER ACCEPTANCE
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. Moses Appliances LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason. Moses Appliances LLC further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item, provided, however, that Moses Appliances LLC will not charge you for items not supplied. Your order will be deemed accepted by Moses Appliances LLC upon shipment of products. Title to goods and all risk of loss passes to you upon delivery to the common carrier.
5. ONLY LICENSED HEALTH CARE PROVIDERS CAN PLACE ORDERS
If you are a resident of the United States, the United States Food and Drug Administration requires that you must have a valid prescription (“Prescription”) from a physician, dentist or other licensed health care provider for certain products. You further represent and warrant to Moses Appliances LLC that by placing an order for a product, the information you enter into the Site is valid, true and identifies you as a licensed health care provider.
6. NOT MEDICAL ADVICE
The content of this Site and the Moses Appliances LLC Services, including, but not limited to, text, graphics, images, information obtained from Moses Appliances LLC and other material (“Content”) is for informational purposes only. The Content has not been evaluated by the FDA and is not intended to be a substitute for professional medical advice, prevention, diagnosis or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. You should consult with your physician before undertaking any treatment described on this Site and the Moses Appliances LLC Services, and Moses Appliances LLC does not recommend self-management of one’s health care. Reliance on any information provided by or via this Site or the Moses Appliances LLC Services is solely at your own risk. Information obtained by using this Site is not exhaustive and does not cover all diagnoses, ailments or physical conditions or their treatment or treatment options. The Content is compiled from numerous sources. Moses Appliances LLC and its affiliates, directors, officers, employees, licensors, suppliers, agents and independent contractors, do not directly or indirectly practice medicine or provide medical services. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. You are solely responsible for compliance with the laws applicable to your domicile.