January 26, 2017

Terms of Service

Agreement Between User and Melon Cove

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this “Site”). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

Modification Of These Terms Of Use

Amonsin & Dinh LLC and/or its affiliates (“Melon Cove”) reserves the right to change the terms, conditions, and notices under which the Melon Cove Primal website offers, including but not limited to the charges associated with the use of the Melon Cove Primal website. You are responsible for regularly reviewing these terms and conditions.

Use Of Site. Personal And Non-Commercial Use Limitation.

Unless otherwise specified, the Melon Cove Primal website is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Melon Cove Primal website.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with Melon Cove Primal or to purchase Melon Cove Primal products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Melon Cove is strictly prohibited.

Harassment in any manner or form on the Site or any of the Melon Cove Primal website, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Melon Cove employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Copyrights And Trademarks.

The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Melon Cove. The collective work includes works that are licensed to Melon Cove. Copyright 2017. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to Melon Cove, or other respective owners that have granted Melon Cove the right and license to use such Marks.

“Meloncoveprimal.com” and other marks indicated on our website are trademarks or registered trademarks of “Melon Cove”, or its subsidiaries (collectively “Melon Cove”), in the United States and/or other jurisdictions. ‘Meloncoveprimal.com’s” graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of “Melon Cove”. “Melon Cove’s” trademarks and trade dress may not be used in connection with any product or service that is not ‘Melon Cove’s”, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ‘Meloncoveprimal.com”. All other trademarks, logo’s or slogans not owned by ‘Melon Cove” that appear on this website or products are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by “Melon Cove” unless otherwise stated.

Notices And Procedures For Making Claims Of Copyright Infringement.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Melon Cove respects the intellectual property of others, and we ask our users and visitors to do the same. Melon Cove Primal will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Melon Cove Primal will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Melon Cove Primal the following information. Please be advised that to be effective, the Notification must include ALL of the following:

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. a description of the copyrighted work 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, and email address and all other information reasonably sufficient to permit Melon Cove Primal to contact you;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By Mail:

PO BOX 477

Fulshear, TX 77441

By Email:

copyright@meloncoveprimal.com (Please include “Notice of Infringement” in the subject line.) 

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MELON COVE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Product Disclaimer

When you purchase merchandise from Melon Cove, you agree that you will use the purchased merchandise in a safe and legal manner, consistent with all applicable laws, safety rules, and good common sense. You further agree that you will take such steps as may be reasonably necessary or required by applicable law to keep any merchandise out of the hands of minors and untrained and/ or immature individuals.

When you purchase merchandise from Melon Cove, you agree to assume all risks related to and/or arising from your ownership and use of the merchandise and agree to indemnify and hold Melon Cove harmless from any and all claims brought by any person or entity against Melon Cove related to and/or arising from your ownership and/or use of the merchandise.

Melon Cove does its best to accurately represent the merchandise, through photo, price and copy. Occasionally we make mistakes. If such a mistake should occur, your order will be corrected as the facts may dictate

Term; Termination.

These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by Melon Cove Primal without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

User Participation.

Melon Cove Primal does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Melon Cove Primal is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Melon Cove Primal reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Melon Cove Primal at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Melon Cove Primal in accordance with Melon Cove Primal’s Privacy Statement.

Third-Party Links.

In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with Melon Cove Primal, Melon Cove Primal has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Melon Cove Primal. Melon Cove Primal has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Melon Cove Primal sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Melon Cove Primal seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. In some cases, Melon Cove Primal may earn a commission on third party links.

User Submissions.

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. Melon Cove Primal will have no obligations with respect to the Communications. Melon Cove Primal and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

Melon Cove Primal makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites.

Melon Cove Primal does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MELON COVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. MELON COVE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MELON COVE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation Of Liability.

IN NO EVENT SHALL MELON COVE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF MELON COVE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Each claim or statement about the effectiveness of Melon Cove Primal products and/or each claim or statement comparing the effectiveness of Melon Cove Primal products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.

You agree to indemnify, defend, and hold harmless Melon Cove Primal, its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

Applicable Laws.

Your use of this Site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Melon Cove Primal products) shall be in the state or federal courts located in Sugar Land, Texas. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Melon Cove Primal products) must be commenced within one (1) year after the claim or cause of action arises. Melon Cove Primal’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Melon Cove Primal may assign its rights and duties under this Agreement to any party at any time without notice to you.

Melon Cove Primal makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Texas do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Texas.

Typographical Errors.

In the event a Melon Cove Primal product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Melon Cove Primal shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Melon Cove Primal shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Melon Cove Primal shall issue a credit to your credit card account in the amount of the incorrect price.

By using this Site, you agree that Melon Cove Primal, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

Melon Cove Primal may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Subscription Service

Welcome to the terms and conditions (“Terms”) for our subscription ordering program. These Terms are between you and Melon Cove and/or its affiliates (“meloncoveprimal.com”, “we” or “us”), and govern your and our respective rights and obligations. The Terms constitute the entire agreement between you and Meloncoveprimal.com relating to Subscription Services. By placing a subscription order through Meloncoveprimal.com, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully.

Benefits

Meloncoveprimal.com reserves the right to change the subscription benefits, including the discount amounts and eligibility used to determine discount amounts, at any time in its sole discretion. All changes will apply to future orders, including for current subscriptions if needed.

Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, shipping charges). If the item is unavailable when we plan to ship it, you authorize us to provide you with store credit until we are able to ship out your order.

Your subscription will automatically create a new order according to your delivery schedule, until you cancel.

We may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.

Eligible Purchases

Subscription benefits are limited to items displaying the Subscription offer message. Subscription is only available to customers shipping to addresses in the United States. Some eligible items may only be available for shipping within the forty-eight (48) contiguous US states. Your participation in the Subscription program is personal to you, and you may not assign or transfer your Subscription or any of the benefits to any third party without our authorization.

Subscription discounts and any Subscription limited time special subscription promotions in effect apply only to eligible items displaying the offer message on the Subscription item information pages, and then only if you select the Subscription delivery method. Subscriptions are good while supplies last. Special limited time subscription promotions only apply during their effective dates.

All returns under Subscription are subject to the Meloncoveprimal.com Returns policy. Subscriptions are void where prohibited.

Payment; Renewal

The total cost charged to your payment method for each Subscription order will be the cost of the item on the day that order is processed less the Subscription discount, plus any applicable sales tax.

The charge for each Subscription item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your Subscription order with the payment method you used to create your subscription, you authorize us to update your subscription with another payment method in your account and to charge the payment method for your Subscription order.

Your subscription will remain in effect until it is cancelled. You can cancel at any time by contacting support@meloncoveprimal.com. If you cancel your subscription and then reactivate it, the discount applied to any subscription item may not be the same discount in effect at the time of cancellation. If the subscription discount percentage for such Subscribe & Save item changes, the new discount will be applied to your future shipments of that item.

Agreement Changes

We may, in our sole discretion, change these Terms, (including all applicable terms, conditions, limitations and requirements on the Meloncoveprimal.com website), without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTIONS.

 

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