Terms & Conditions
Last Updated: September 10, 2023
Acceptance of Terms
Please read this Terms & Conditions Agreement (the "Terms") carefully. By accessing, browsing, or using the Mister website available at www.mrsfc.com or any website with links to this agreement (the "Website") in any way or by clicking an "I ACCEPT" or similar button, you represent and warrant that:
You have read, understood, and agree to be bound by these Terms.
You are of legal age to form a binding contract with Mister.
You have the authority to enter into these Terms on behalf of yourself or the company you work for, and you can bind that company to these Terms.
If you do not agree to be bound by these Terms, you may not access or use this Website.
These Terms include the following important notices:
Class Action Waiver: These Terms include a class action waiver.
Waiver of Jury Trials: These Terms waive the right to a jury trial.
Binding Arbitration: Most disputes will be resolved through binding arbitration on an individual basis.
Limitation of Remedies: These Terms limit the remedies available to you in the event of a dispute.
Changes to Terms
Please note that these Terms are subject to change by Mister at its sole discretion at any time. When changes are made, Mister will make a new copy of the Terms available on the Website. The "Last Updated" date at the top of the Terms will reflect the latest version. If we make any material changes and have your email address, we will send an email to you at the last email address you provided to us. Any changes to the Terms will be effective immediately for new users of the Website and will be effective for existing users upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an email notice of such changes. Mister may require you to provide consent to the updated Terms in a specified manner before further use of the Website is permitted. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s). Please regularly check the Website to view the then-current Terms.
1. USE OF THE WEBSITE
The Website, its content, information, services, goods, and products available on the Website (referred to as "Mister Properties") are protected by copyright and other intellectual property laws worldwide. Subject to the Terms, Mister grants you a limited license to reproduce parts of Mister Properties solely for the purpose of using the Website for your personal needs. Unless otherwise specified by Mister in a separate license, your right to use any Mister Properties is subject to the Terms.
1.1 CERTAIN RESTRICTIONS
The rights granted to you under the Terms are subject to the following restrictions:
(a) You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit Mister Properties or any portion of Mister Properties.
(b) You shall not frame or employ framing techniques to enclose any trademark, logo, or other Mister Properties (including images, text, page layout, or form) belonging to Mister.
(c) You shall not use any metatags or other "hidden text" using Mister's name or trademarks.
(d) You shall not modify, translate, adapt, merge, create derivative works, disassemble, decompile, reverse compile, or reverse engineer any part of Mister Properties, except to the extent that these restrictions are expressly prohibited by applicable law.
(e) You shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or similar) to "scrape" or download data from any web pages within the Website. However, we grant operators of public search engines revocable permission to use spiders for copying materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, excluding caches or archives of such materials.
(f) You shall not access Mister Properties to develop a similar or competitive website, application, or service.
(g) Except as expressly stated herein, no part of Mister Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
Any future release, update, or addition to Mister Properties shall be subject to the Terms. Mister, its suppliers, and service providers reserve all rights not granted in the Terms. Unauthorized use of Mister Properties terminates the licenses granted by Mister pursuant to the Terms.
2.1 REGISTERING YOUR ACCOUNT
To access certain features of MISTER Properties, you will need to become a Registered User. For the purposes of these Terms, a "Registered User" is someone who creates an account with MISTER ("Account") either by registering directly with MISTER through the Website or by logging into the Website using their social networking service account ("Third-Party Account"). When you log in with your Third-Party Account, you confirm that you have the right to share your Third-Party Account login information with MISTER and grant MISTER access to your Third-Party Account, without violating any terms and conditions set by the Third-Party Account provider. This access includes using the information, photographs, and other materials stored in your Third-Party Account ("Third-Party Account Content") on MISTER Properties via your Account. Unless otherwise specified in these Terms, all Third-Party Account Content will be considered your content for all purposes of these Terms. Depending on the privacy settings you have chosen for your Third-Party Account, personally identifiable information you post to your Third-Party Account may be accessible via your Account on MISTER Properties. Please note that if a Third-Party Account becomes unavailable or MISTER's access to it is terminated by the third-party service provider, your Account Content may no longer be available on MISTER Properties.
YOU SHOULD BE AWARE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDER ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THAT THIRD-PARTY SERVICE PROVIDER, AND MISTER DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDER IN VIOLATION OF THE PRIVACY SETTINGS YOU HAVE SET FOR THAT THIRD-PARTY ACCOUNT.
MISTER does not review any Content for accuracy, legality, or non-infringement, and MISTER is not responsible for any Third-Party Account Content.
2.2 REGISTRATION DATA
When registering for the Services, you agree to:
(1) Provide true, accurate, current, and complete information about yourself ("Registration Data").
(2) Maintain and promptly update the Registration Data to ensure it remains true, accurate, current, and complete.
You represent that you are at least thirteen (13) years old (or meet the minimum age requirement applicable in your jurisdiction) and that you are not prohibited from using MISTER Properties under the laws of the United States, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone. If you suspect unauthorized use of your password or any other security breach, you must notify MISTER immediately and log out of your Account at the end of each session. If you provide false, inaccurate, outdated, or incomplete information, or if MISTER has reasonable grounds to suspect this, MISTER has the right to suspend or terminate your Account and deny any current or future use of MISTER Properties (or any portion thereof). You may not create an Account using false identity or information or on behalf of someone else. You may not have more than one Account at any given time, nor create an Account or use MISTER Properties if you have been previously removed or banned from any MISTER Properties.
2.3 YOUR ACCOUNT
Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or property interest in your Account, and all rights in and to your Account are and shall forever be owned by and inure to the benefit of MISTER.
3. ORDER AND ACCEPTANCE
3.1 ORDER ACCEPTANCE PROCESS
Every part of an order submitted by you to MISTER constitutes an offer to purchase merchandise. If you place an order through the Website, you will receive an email confirmation from MISTER, acknowledging receipt of your order (usually within minutes). If you do not receive this confirmation email, please contact MISTER Customer Service before attempting to place another order for the same merchandise. Please note that MISTER's confirmation of your order's receipt does not constitute acceptance of your order. MISTER is considered to have accepted your order only when the requested merchandise has been shipped, and a shipment confirmation email has been sent.
3.2 ORDER ISSUES
(a) If MISTER rejects your order due to errors in pricing and/or other merchandise information, you will be notified at the email address you provided. Once the error has been corrected, MISTER will ask whether you'd like to resubmit your order to purchase the relevant merchandise. If MISTER has confirmed your order by sending a shipment confirmation email, you will not be required to pay a price greater than what was displayed on the Website when you placed your order. If MISTER delivers merchandise different from the description on the Website when you placed your order, you may request a return or exchange. For further details, please review the MISTER Returns Policy.
(b) While it is unlikely, MISTER reserves the right to refuse any order for any reason, including, but not limited to:
(i) Insufficient or erroneous billing, payment, and/or shipping information.
(ii) Orders that cannot be processed due to inaccurate information provided, such as incorrect credit card or debit card details, expiration date, security code, or other incorrect payment information.
(iii) Suspected fraudulent activity.
(iv) Delayed shipment or unavailability of merchandise.
(c) MISTER may refuse to accept any order if fraudulent activity is suspected. Additionally, MISTER may decline to process any subsequent order from a customer with a history of placing fraudulent orders.
(d) MISTER may refuse any order associated with a previous credit card dispute.
3.3 ORDER CANCELLATION
If an item of merchandise is delayed from the MISTER fulfillment center, becomes unavailable, or if there is an error on the Website concerning the order (e.g., a price or merchandise description error), MISTER may cancel the order. In such cases, MISTER will contact you to inform you of the situation.
3.4 RESTRICTIONS ON RESALE
To protect MISTER's intellectual property rights, any suspected resale of merchandise for personal and/or business profit is strictly prohibited. MISTER will not accept any order that is deemed to indicate reselling. MISTER reserves the right to cancel any subsequent order from a customer suspected of reselling.
4. PAYMENT TERMS
All prices are quoted in the specified currency. To make a purchase, you must provide a valid credit card (Visa, MasterCard, or any other accepted issuer) ("Payment Provider"). Your Payment Provider agreement governs your use of the designated credit card. You hereby authorize MISTER to immediately charge your credit card for all fees and charges due under these Terms or credit your credit card for any refunds owed, without the need for additional notice or consent. You agree to promptly notify MISTER of any changes to your billing address or the credit card used for payment. MISTER reserves the right to change prices and billing methods at any time, either by posting changes on the MISTER Properties or by emailing you.
Payments made to MISTER are subject to refund in accordance with MISTER's refund policy.
MISTER's fees exclude any applicable Sales Tax. If any products or services, or payments for them, are subject to Sales Tax in any jurisdiction and you have not remitted the required Sales Tax to MISTER, you are responsible for paying such Sales Tax, related penalties, or interest to the relevant tax authority. You agree to indemnify MISTER for any liability or expense incurred concerning such Sales Taxes. You will provide official receipts issued by the relevant taxing authority upon our request. For this section, "Sales Tax" means any sales or use tax and any other tax measured by sales proceeds.
4.4 DISCOUNTS AND PROMO CODES
MISTER may, at its sole discretion, create discounts and promotional codes redeemable for credit in your Account or other features, subject to additional terms established on a per-promotional code basis ("Promo Codes"). Each Promo Code may only be used once per person. Only Promo Codes sent to you through official MISTER communication channels are valid. You agree that Promo Codes:
(i) Must be used for the intended audience and purpose, and in a lawful manner.
(ii) May not be duplicated, sold, transferred, or made available to the general public unless expressly permitted by us.
(iii) May be disabled by us at any time without liability.
(iv) May only be used as per the specific terms we establish.
(v) Are not valid for cash.
(vi) May expire before use.
You must notify us in writing within seven (7) days of receiving your credit card statement if you dispute any charges. Failure to do so will be considered a waiver of your dispute. Billing disputes should be sent to the following address:
Mister SFC (Unit 302)
1375 E. Grand Ave #103
Arroyo Grande, CA 93420
4.6 THIRD-PARTY PAYMENT SERVICES PROVIDER
4.7 LINKS TO OTHER WEBSITES AND SERVICES
The Website and MISTER Properties may contain links or references to other websites, services, and Third-Party Payment Services Providers. MISTER is not responsible for these Linked Services, their information, materials, or any transmissions received from them. Inclusion of a link does not imply endorsement by MISTER, and MISTER does not investigate, verify, or monitor Linked Services. Linked Services are provided for your convenience, and you access them at your own risk.
5. RESPONSIBILITY FOR CONTENT
5.1 TYPES OF CONTENT
You acknowledge that all Content, including MISTER Properties, is the sole responsibility of the party from whom it originated. This means that you, not MISTER, are entirely responsible for all Content you upload, post, email, transmit, or otherwise make available through MISTER Properties ("Your Content"). You and other Users of MISTER Properties are similarly responsible for all Content they make available through MISTER Properties ("User Content").
5.2 NO OBLIGATION TO PRE-SCREEN CONTENT
MISTER is not obligated to pre-screen Content, including User Content, but reserves the right to pre-screen, refuse, or remove any Content at its sole discretion. You hereby provide your irrevocable consent to such monitoring
6.1 Mister PROPERTIES
You acknowledge and agree that Mister, along with its licensors and suppliers, retains all rights, title, and interest in Mister Properties. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated into or accompanying Mister Properties.
Mister's stylized name and other related graphics, logos, service marks, and trade names used on or in connection with Mister Properties are the trademarks of Mister and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in Mister Properties belong to their respective owners.
6.3 OTHER CONTENT
With the exception of Your Content, you acknowledge that you have no right or title to any Content that appears on or in Mister Properties.
6.4 YOUR CONTENT
Mister does not claim ownership of Your Content. However, by posting or publishing Your Content on or in Mister Properties, you represent that you own or have obtained a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, and display Your Content (in whole or in part) worldwide and/or incorporate it into other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
6.5 LICENSE TO YOUR CONTENT
Subject to any applicable account settings you select, you grant Mister a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing Mister Properties to you and to our other users. Please be aware that other users may access, use, modify, and reproduce any of Your Content that you submit to any "public" area of Mister Properties. You represent and warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above.
You agree that you, and not Mister, are responsible for all of Your Content that you Make Available on or in Mister Properties.
You acknowledge that submitting any ideas, suggestions, documents, and/or proposals to Mister ("Feedback") is done at your own risk, and Mister has no obligations, including obligations of confidentiality, with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant Mister a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit any and all Feedback, and to sublicense these rights, in connection with the operation and maintenance of Mister Properties.
7. USER CONDUCT
As a condition of use, you agree not to use Mister Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party):
(a) Take any action or
(b) Make Available any Content on or through Mister Properties that:
(i) Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity.
(ii) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane.
(iii) Constitutes unauthorized or unsolicited advertising, junk or bulk email.
(iv) Involves commercial activities and/or sales without Mister's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes.
(v) Impersonates any person or entity, including any employee or representative of Mister.
(vi) Interferes with or attempts to interfere with the proper functioning of Mister Properties or uses Mister Properties in any way not expressly permitted by the Terms.
(vii) Attempts or engages in any potentially harmful acts directed against Mister Properties, including but not limited to violating or attempting to violate any security features of Mister Properties, introducing viruses, worms, or similar harmful code, or interfering with use by any other user, host, or network, including by overloading, "flooding," "spamming," "mail bombing," or "crashing" Mister Properties.
Mister may, but is not obligated to, monitor or review the Website at any time. Without limiting the foregoing, Mister reserves the right, in its sole discretion, to remove any content for any reason (or no reason), including if such content violates the Terms or any applicable law. While Mister does not generally monitor user activity, if Mister becomes aware of any possible violations by a user of any provision of the Terms, Mister reserves the right to investigate such violations.
In the event that Mister determines, in its sole discretion, that you have breached any portion of the Terms or demonstrated inappropriate conduct, Mister reserves the right to:
(i) Warn you via email at any email address you have provided.
(ii) Notify and/or send any content you have provided to the appropriate law enforcement authorities.
(iii) Pursue any other action it deems appropriate.
If illegal activity is suspected as a result of the investigation, Mister reserves the right to refer the matter to, and cooperate with, any applicable legal authorities. Mister may take these actions without prior notice to you. You agree that all terminations shall be made at Mister's sole discretion.
MISTER will utilize your personal information exclusively in accordance with the terms of our privacy notice, accessible at https://mrsfc.com/pages/policy, and you provide your consent for such utilization.
You agree to indemnify and hold the MISTER Parties harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) related to or arising from: (a) your use of, or inability to use, MISTER Properties; (b) your violation of the Terms; (c) your infringement of any rights of another party; (d) your Feedback; or (e) your violation of any applicable laws, rules, or regulations. MISTER reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such an event, you will fully cooperate with MISTER in asserting any available defenses. These provisions in this section will continue to be in effect even after the termination of the Terms or your access to MISTER Properties.
11. DISCLAIMER OF WARRANTIES
11.1 STANDARD WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF MISTER PROPERTIES IS AT YOUR SOLE RISK. MISTER PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. MISTER PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MISTER PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT:
(1) MISTER PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF MISTER PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) ANY ERRORS IN MISTER PROPERTIES WILL BE CORRECTED. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
11.2 LIFETIME WARRANTY
At Mister SFC, we are committed to providing jewelry of the highest quality, which is why we offer a Lifetime Guarantee for all Gold Plated/Vermeil jewelry purchases. This guarantee covers damage, fading, or malfunction of your jewelry under normal use and entitles you to a one-time replacement of the affected piece. If the item is no longer available in our inventory, you can exchange it for a comparable or lower-value item. Please note that this Warranty is void in cases of user-inflicted damage, such as scratches, intentional breakage, water/chemical damage, loss, theft, and similar incidents.
Warranty Replacement Process
Approved warranty claims will incur a nominal Shipping and Handling fee of $11.99. Warranty replacements may take 3-5 business days to be approved. Once approved for repair or replacement, it may take up to 7-10 business days to process your request.
During the warranty period, if a product defect arises, follow the provided instructions to initiate the product return process. Mister SFC reserves the right, in accordance with applicable law, to:
Repair the product using new or refurbished components.
Replace the product with an equivalent new item.
Partially or fully reimburse you with store credit.
For replacement products, the remaining warranty duration of the original item applies. When store credit is issued, ownership of the returned product transfers to Mister SFC.
Limited Warranty for Solid 14kt Gold
Solid 14kt Gold items are nonrefundable and come with a limited warranty available upon request. Contact us at firstname.lastname@example.org for more details.
Sale items do not come with a lifetime warranty.
The Lifetime Warranty only applies to specific situations outlined in our policy. It does not cover loss, theft, intentional damage, or third-party damage. Failure to provide a photograph of the defective item will void the warranty.
Mister SFC reserves the right to reject claims if the warranty is abused.
Obtaining Warranty Service
For detailed instructions on obtaining warranty service or inquiries regarding product coverage, please contact Mister SFC's customer service at email@example.com.
Exceptions and Restrictions
This Lifetime Warranty applies exclusively to jewelry items produced by Mister SFC, excluding 14kt gold, sale items, collectibles, and toys. It does not cover damage resulting from:
Abuse and misuse
Avoid exposing your Mister SFC items to harsh chemicals or environments, including but not limited to liquid silver polish, swimming pools, hot tubs, saltwater, and spas. We recommend not sleeping while wearing the jewelry. Refer to the cleaning and care instructions for guidance on preserving and safeguarding your Mister SFC product.
This limited warranty and the remedies described herein replace all other warranties, remedies, and conditions, whether oral or written, express or implied.
To the extent permitted by law, Mister SFC expressly disclaims all statutory or implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose, as well as warranties against concealed or latent defects.
Mister SFC is not liable for direct, special, incidental, or consequential damages arising from warranty breaches or under any other legal theory. No Mister SFC retailer, representative, or employee is authorized to modify, extend, or add to this limited warranty.
Certain states may not allow restrictions on the duration of implied warranties or the exclusion or limitation of incidental or consequential damages. As a result, the exclusions and limitations mentioned here may not apply in all cases. This warranty provides specific legal rights that may vary from state to state. When applicable laws do not permit the disclaimer of certain rights, this Limited Warranty does not infringe upon those rights.
12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY MISTER PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH MISTER PROPERTIES. THIS INCLUDES DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT MISTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS.
THIS APPLIES TO ANY THEORY OF LIABILITY, INCLUDING WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO MISTER PROPERTIES SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE AMOUNT RECEIVED BY MISTER AS A RESULT OF YOUR USE OF MISTER PROPERTIES OR (B) ONE HUNDRED DOLLARS ($100). YOU AND MISTER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, MISTER PROPERTIES, OR ANY CONTENT POSTED ON MISTER PROPERTIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MISTER AND YOU. SOME STATES' LAWS MAY NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS.
13. TERM AND TERMINATION
The Terms begin on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use MISTER Properties, unless terminated earlier in accordance with the Terms.
If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, if we are required to do so by law (e.g., where the provision of any of MISTER Properties is, or becomes, unlawful), or if we choose to discontinue MISTER Properties (in part or in whole), we have the right to suspend or terminate any MISTER Properties provided to you immediately and without notice. If we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. In the event that we determine, in our sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated inappropriate conduct, we reserve the right to:
(i) warn you via e-mail (to any e-mail address you have provided to us) that you have violated the Terms; (ii) notify and/or send any content you have provided to us to, and/or fully cooperate with, the proper law enforcement authorities for further action; and/or (iii) pursue any other action which we deem to be appropriate. If, as a result of the investigation, we believe that illegal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in MISTER Properties in our possession in connection with your use of MISTER Properties to: (i) comply with applicable laws, legal processes, or governmental requests; (ii) enforce the Terms; (iii) respond to your requests for customer service; or (iv) protect the rights, property, or personal safety of MISTER, its users, or the public, and to comply with the requests of all law enforcement or other government officials, as we, in our sole discretion, believe to be necessary or appropriate.
We reserve the right, in our sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you. You agree that all terminations shall be made in our sole discretion, and that we shall not be liable to you or any third party for enforcing this provision. If you wish to terminate the Services provided by MISTER, you may do so by: (a) notifying MISTER at any time and (b) closing your Account for all of the Services that you use.
Your notice should be sent, in writing, to:
Mister SFC (Unit 302)
1375 E. Grand Ave #103
Arroyo Grande, CA 93420
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service
14.1 DISPUTE RESOLUTION
Please carefully read this Arbitration Agreement as it forms a part of your contract with Mister and affects your rights. This agreement outlines the procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) related to the Terms or the use of any product or service provided by Mister that cannot be resolved informally or in small claims court shall be resolved through binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be conducted in English. This Arbitration Agreement applies to you and Mister, as well as to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns of Mister, and to all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may initiate arbitration, the party must first send the other party a written Notice of Dispute ("Notice") detailing the nature and basis of the claim or dispute, as well as the requested relief.
A Notice to Mister should be sent to:
Mister SFC (Unit 302)
1375 E. Grand Ave #103
Arroyo Grande, CA 93420
Upon receipt of the Notice, you and Mister may attempt to resolve the claim or dispute informally. If a resolution is not reached within thirty (30) days after the Notice is received, either party may commence arbitration. Any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator determines the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated with an established alternative dispute resolution provider ("ADR Provider") offering arbitration as outlined in this section. The arbitration shall be governed by the rules of the chosen ADR Provider, except to the extent that such rules conflict with the Terms. The arbitration will be conducted by a single, neutral arbitrator. Claims or disputes seeking an award of less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the discretion of the party seeking relief. For claims or disputes seeking an award of Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held within 100 miles of your residence, unless you reside outside of the United States, or unless otherwise agreed by the parties. In case of residence outside the U.S., the arbitrator shall provide reasonable notice of the date, time, and place of any oral hearing. The arbitrator's award may be entered in any court of competent jurisdiction. If the arbitrator awards you an amount greater than Mister's last settlement offer made prior to arbitration initiation, Mister will pay the greater of the award or $2,500. Each party shall bear its own costs, including attorney's fees, and disbursements arising from the arbitration and shall equally share the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. In the case of non-appearance-based arbitration, the proceedings may occur via telephone, online, or solely based on written submissions, depending on the preference of the party initiating arbitration. Personal appearances by the parties or witnesses are not required, unless both parties agree otherwise.
(e) Time Limits. If either you or Mister pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed by the ADR Provider's rules for the relevant claim.
(f) Authority of Arbitrator. In arbitration, the arbitrator will determine the rights and liabilities of you and Mister, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator may award monetary damages and any non-monetary remedy or relief available to an individual under applicable law and the Terms. The arbitrator will issue a written award and statement of decision, outlining the essential findings and conclusions on which the award is based, including any damages awarded. The arbitrator will have the same authority to grant relief on an individual basis as a judge in a court of law. The arbitrator's award is final and binding on both you and Mister.
(g) Waiver of Jury Trial. By accepting these Terms, both parties waive their constitutional and statutory rights to go to court and have a trial before a judge or jury. Instead, all claims and disputes will be resolved through arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than the rules applicable in a court, and they are subject to very limited review by a court.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND MAY NOT BE ARBITRATED ON A CLASS BASIS. CLAIMS OF MULTIPLE CUSTOMERS OR USERS MAY NOT BE ARBITRATED JOINTLY
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Mister.
(m) Small Claims Court. Notwithstanding the foregoing, either you or Mister may bring an individual action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets
(p) Jurisdiction. If, in any situation where the preceding Arbitration Agreement allows the parties to engage in litigation in a court of law, both parties explicitly consent to the exclusive jurisdiction of the courts situated in New York County, New York, for this purpose.
15. GENERAL PROVISIONS
15.1 GOVERNING LAW
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
15.2 ELECTRONIC COMMUNICATIONS
The communications between you and Mister use electronic means, whether you visit Mister Properties or send Mister e-mails, or whether Mister posts notices on Mister Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Mister in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mister provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
You hereby release Miister Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from third-party websites or your use of Mister Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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 Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Mister’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
15.5 FORCE MAJEURE
Mister shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
If you believe that Mister has not adhered to the Terms, please contact Mister by emailing us at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
Where Mister requires that you provide an e-mail address, you are responsible for providing Mister with your most current e-mail address. In the event that the last e-mail address you provided to Mister is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, Mister’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
You may give notice to Mister at the following address:
Mister SFC (Unit 302)
1375 E. Grand Ave #103
Arroyo Grande, CA 93420
Such notice shall be deemed given when received by Mister by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
15.10 ENTIRE AGREEMENT
The Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
End of Terms