Cedar Elements Website Terms of Use

Last Modified: 08/01/2015

Welcome to the website (“Site”) of Cedar Elements, a product group developed and owned by M&N International Group, Inc. (“M&N”, “we”, or “us”).  By accessing and using this Site, you agree to follow these terms of use (“Terms of Use”) and M&N’s Privacy Policy, which is incorporated herein by reference.  Please read these Terms of Use carefully.  This Site is offered and available only to persons who are at least 18 years of age (19 in Alabama or Nebraska and 21 in Mississippi).

Changes to these Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately upon their posting to this Site. By continuing to access and use the Site, you agree to be bound by any revised Terms of Use

Trademarks

The graphics, logos, page headers, button icons, scripts, and service names included in or made available through this Site, including but not limited to the trademarks “Cedar Elements” and the “Cedar Elements” Logo, are trademarks or trade dress owned by M&N (“M&N Marks”).  All other trademarks or registered trademarks appearing on the Site are the property of their respective owners.  M&N Marks may not be used in connection with any product or service other than those of M&N, and may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits M&N or the Site.  You gain no right to use any M&N Marks or those of any other entity by virtue of your use of this Site.

Site Access and Security Codes

If you create a user account with or make purchases via our Site, you will be asked to provide certain information, including certain personally identifiable information (“Personal Information”).  You agree that the information you provide shall be truthful, you will not submit information which is false and you will not impersonate any third party in providing such information.  We will handle any Personal Information which you provide to us in accordance with the terms of our Privacy Policy.  You are not required to provide any Personal Information to us, but that may limit your ability to access and use certain resources available on our Site.

If you choose, or are provided with, a user name, password, or any other security codes or questions (“Security Codes”) as part of our security procedures, you agree to keep the Security Codes strictly confidential and not to disclose the Security Codes to any other person.  You should use particular caution when accessing your account from a public or shared electronic device so that others may not view or record your Security Codes or Personal Information.  We reserve the right to disable any Security Codes at any time in our sole discretion and for any reason, including for any violation of these Terms of Use.

This Site and its Content are provided as a convenience to our customers.  We reserve the right to suspend, restrict or terminate all or a portion of your access to or use of the Site at any time, without prior notice.

Ownership and Use of Content

The Content provided on this Site is furnished for general informational purposes for the convenience of our customers and users.  The Site and all of its content, features and functionality including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations (“Content”) are owned by M&N or its licensors and are protected by the copyright, trademark and other intellectual property laws (“Intellectual Property Laws”).

Subject to your compliance with these Terms of Use, M&N grants you the limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Content that we may make available from time to time on the Site. You may not copy, modify, reproduce or publicly display, transmit, distribute or use the Content for any purpose other than personal, non-commercial use.  This limited license does not include any resale or commercial use of any M&N product, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copyright of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of M&N without express written consent.  You may not use any metatags or any other “hidden text” using M&N Marks without the express written consent of M&N.  Unauthorized use of the Content may violate Intellectual Property Laws.  All rights not expressly granted to you in these Terms of Use are reserved and retained by M&N or its licensors, suppliers, publishers, rightsholders, or other content providers.  No information on this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of M&N.  If you fail to comply with these Terms of Use, your authorization to use this Site automatically terminates.

Prohibited Uses of the Site

As a user of this Site, you agree not to:

  1. use the Site in any manner that could disable, overburden, damage, or impair the Site or its functionality or interfere with any other party’s access to or use of the Site;
  2. use any automatic device, process or means to access the Site for any purpose, including monitoring or copying any material on the Site; attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site, the Site’s server, or any server, computer or database connected to the Site;
  3. use any device, software or routine that interferes or attempts to interfere with the proper functionality of the Site;
  4. use the Site for sending spam;
  5. provide content or introduce any virus, Trojan horse, worm, or other malware which is malicious or technologically harmful;
  6. attack the Site via a denial-of-service attack or distributed denial-of-service attack; or
  7. otherwise attempt to interfere with the content or proper functionality of the Site.

Third Party Content

This Site may include content provided by third parties.  All statements or opinions expressed in the content provided by third parties are solely the opinions and the responsibility of that third party.  The third-party content does not necessarily reflect the opinion of M&N.  We are not responsible or liable to you or any third party for the accuracy of any content provided by any third parties.

User Submissions

In providing or posting any material, information, idea or content (“User Submission”) to our Site, you represent and warrant to M&N that you own or have the legal right to use such content, that the content is true and accurate, and that such content will not cause harm to any third party.  User Submissions will be treated as non-confidential and non-proprietary.  By providing any User Submission, you grant M&N, its affiliates, and service providers, and each of their and our respective licensees, successors and assigns, the nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, perform, display, distribute, adapt, publish, translate, prepare derivative works from, and disclose to third parties any such User Submissions for any purpose.  M&N, its affiliates and service providers may share your User Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing our products and services.  We assume no responsibility for reviewing unsolicited ideas for our business, such as product or advertising ideas.  By submitting any User Submissions to our Site, you waive any right to compensation of any type for such User Submissions.

Users are prohibited from: (a) posting or transmitting to or from this Site any unlawful, fraudulent, threatening, libelous, defamatory, obscene, scandalous, inflammatory, objectionable, abusive, pornographic, or profane content, or any other content that could give rise to any civil or criminal liability as determined in the sole discretion of M&N’ or (b) posting any content that is confidential, proprietary, invades the privacy or publicity rights of others or violates the Intellectual Property Rights of any third party.  You agree to indemnify the M&N for any and all damages resulting from your User Submissions that violate these Terms of Use.  M&N reserves the right to prohibit further User Submissions by any user for violation of these Terms of Use.

Links to Other Websites

Links to third party websites from our Site are provided solely as a convenience to our customers.  If you use these links, you will leave this Site.  M&N has not reviewed those third party websites, does not control and is not responsible for any of those websites or their content.  M&N does not endorse or make any representations about such third party websites, or any information, software, content or other products or materials available on those third-party websites.  If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk.

Infringement Notification

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the M&N copyright agent the written information specified below:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest,
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, facsimile number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
  6. A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

The M&N Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

email: info@mnintl.com or
Attn: Copyright Agent
Cedar Elements
c/o M&N International Group, Inc.
8 Goodyear
Suite 110
Irvine, CA 92618

Pricing and Payment

If you wish to purchase any product or service made available through the Site (each, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to M&N the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf.  The receipt by you of an order confirmation does not constitute M&N’s acceptance of an order. Prior to M&N’s acceptance of an order, verification of information and approval of the order may be required, including without limitation verification of payment. M&N reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from M&N, for any reason. M&N reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

M&N reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

The risk of loss and title for all products purchased by you and shipped by M&N via the Site pass to you upon M&N’s delivery to the carrier for shipment.

“AS-IS” CONTENT – WARRANTY DISCLAIMER

ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES PROVIDED, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ON THIS SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND UNLESS OTHERWISE SPECIFIED IN WRITING.  M&N EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.  M&N FURTHER MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE CONTENT.

THE CONTENT MAY BE OUT OF DATE, AND M&N MAKES NO COMMITMENT TO UPDATE THE CONTENT.  CONTENT AVAILABLE ON THIS SITE MAY REFER TO PRODUCTS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY OR LOCAL AREA.  CONSULT M&N DIRECTLY FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES THAT ARE CURRENTLY AVAILABLE TO YOU. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER MALWARE OR DESTRUCTIVE CODE.  M&N WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE.  M&N EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH CONTENT.  WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE, POSTING OF CONTENT OR YOUR DOWNLOAD OF CONTENT FROM THE SITE.

LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES EXCLUSION

IN NO EVENT SHALL M&N, ITS SUPPLIERS, AFFILIATES, LICENSORS, OR OTHER THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR THE RESULTS OF YOUR USE OF THIS SITE OR ANY OF ITS CONTENT, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED OR ANY DAMAGES RESULTING FROM LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS BY OPERATION OF LAW.

Indemnification

You agree to defend, indemnify, and hold harmless M&N, its affiliates, licensors and services providers, and their respective officers, directors, employees, contractors, agents, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or related to your violation of these Terms of Use or your use of the Site, or its Content, including but not limited to your User Submissions.

Applicable Laws

These Terms of Use are governed by the laws of the State of California, without reference to its conflicts of law principles.  Any lawsuit, or other legal proceeding arising out of, or related to, the subject matter of these Terms of Use, the use of the Site or the Content shall be instituted exclusively in the federal courts or state courts in California with jurisdiction in Orange County, Wisconsin.  We also retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

This Site is administered by M&N based in Irvine, California.  M&N makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited.  You may not use or export or re-export the content at this Site or any copy or adaptations in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.  If you choose to access this Site from outside the United States, you do so-on your own initiative and are responsible for compliance with applicable local laws.

General

No waiver by M&N of any term or condition set forth in these Terms of Use shall be deemed a waiver of such term or condition or any other term or condition, and any failure of M&N to assert a right under these Terms of Use shall not constitute a waiver of such right.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.  These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and M&N with respect to your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties.