Ming’s Medicinals Terms and Conditions 

Updated: 2/10/2020

 

Overview

This website is operated by Mings Medicinals LLC and your use of this site is governed by these Terms and Conditions.  Throughout the site, the terms “we”, “us” and “our” refer to Mings Medicinals LLC.  By accessing this site you are acknowledging that you have read and that you accept these terms.  The Terms and Conditions are subject to change at the discretion of our company.  Please check back regularly because access and/or use of the website constitutes your acknowledgement and acceptance of the changes and your agreement to be bound by them.  The changes could include new products, features or tools on the site.

 

Section 1 – Access to This Site

You must be eighteen (18) years of age or older to access this site.  If you are under eighteen years of age, you aren’t permitted to access this site for any reason.  Because of the age restriction for use of this site, no information obtained by this website falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.

If you are asked to provide certain information or registration details in order to access this site or some of the resources offered on the site, the information you provide must be complete, current and accurate as a condition of your use of this site.  If we believe your information does not meet this requirement, we have the right to refuse you access and to terminate or suspend your access at any time without notice.

 

Section 2 – Restrictions on Use

You may not use the site or any products or any services accessed from the site for an illegal purpose or in any manner that violates laws in your jurisdiction.  You may not use the site, nor may you authorize a third-party to use the site for any purpose except for the purposes expressly permitted by the site without our express prior written consent.  You may not reproduce, duplicate, copy, sell, resell or use any portion of the Products and Services including logos and trademarks, in a manner that is reasonably likely to give the impression that you or another third-party has a partnership with our company or has a right to display, publish, hyperlink to or distribute the content from our website.

 

Section 3 – Prohibited Use

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Section 4 – Proprietary Information

This site and it’s contents are proprietary information that belongs to our Company.  You cannot infringe on our rights by distributing, copying, modifying or linking to the site or its’ contents in a manner that is, or for a purpose that is prohibited.  Access to our site does not transfer any rights to you.

 

Section 5 – Accuracy, Completeness and Timeliness of Information

Material on this site is general information and shouldn’t be relied upon as the sole basis for making decisions.  Consulting other sources, including those more specific and detailed and subject matter experts (including physicians) is strongly encouraged.  This site contains hyperlinks and those links could be to third-party sources over which we have no control.  These links should be accessed at your own risk; we make no warranty regarding the accuracy or completeness of such content nor does such a link imply an endorsement or affiliation to our Company.  The linked sites may contain historical information that isn’t current.  We are not responsible for the information, it’s accuracy, completeness or timeliness. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date that the information was posted.  We are under no obligation to update such information after it is posted or to remove information from the site if it is not, or is no longer, accurate or complete.

 

Section 6 – Modifications to the Products, Services and Prices

Products and Services may be modified or discontinued without notice.  At our sole discretion, the number, description and pricing of Products and Services that we offer may change without notice.

 

Section 7 – Products or Services

Products, and when applicable, Services may be offered on limited basis.  We reserve the right, without obligation, to limit the sales of Products and Services to specific geographic regions and specific jurisdictions.   We also reserve the right to limit quantities that may be purchased.  We may exercise these rights on a case-by-case basis.  Offers made on this site for Products or Services are void where prohibited.

 

Section 8 – Accuracy of Billing and Account Information

You agree to provide current, accurate and complete information when opening an account or placing an order and to promptly update contact, billing and other information should it change.  We reserve the right to refuse any order, to limit quantities or cancel quantities purchased on a per-person, per-household or per-order basis. This may be based on orders having the same customer account, which are paid using the same credit/debit card or bank account, or have the same billing and/or shipping address.  We will attempt to contact you using information you provided when the order was placed.  We may cancel orders placed by dealers, resellers or distributors at our sole discretion.  By using this site and placing an order you acknowledge that the credit/debit card or bank account used for payment belongs to you.

 

Section 9 – Third-party Links

This site may be hyperlinked to other sites which are not maintained by, or related to, our Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Access to hyperlinks are  user’s own risk, and we make no representations or warranties about the content, completeness or accuracy of these links or the sites linked to this site. A hyperlink to a third-party site does not imply endorsement by our Company or subsidiary companies, of that site.

 

Section 10 – User Comments, Feedback and Other Submissions

You agree that any remarks, creative ideas, suggestions, proposals or other material (“Submissions”) submitted to us, either at our request or otherwise, become ours to use at our sole discretion.  You agree that we may edit, reproduce, publish, distribute, translate, create additional works based upon and otherwise use Submissions in any medium without restriction, royalties, expiration or revocation.  This applies to all Submissions to us regardless of whether submitted online via mail, email or any other means.  We are not obligated to treat any Submissions in a confidential manner except for personal information that is submitted via the site.  That information is handled in accordance with our Privacy Policy.  We are not obligated to respond or to compensate for Submissions.  Any Submissions that are determined at our sole discretion to be unlawful, obscene, defamatory, objectionable or that otherwise violates these Terms and Conditions will be removed.  You agree that your Submissions will not contain viruses or other malware.  You further agree to be solely responsible for the contents of your Submissions and to not mislead us as to the origin of the Submission or any references (ie links or email addresses) that your Submission contains.  We assume no liability for your Submissions nor for those of any third party.

 

Section 11 – Errors, Inaccuracies and Omissions

In no case shall Ming’s Medicinals LLC, our directors, officers, employees, affiliates, agents contractors, interns, suppliers, service providers or licensors be liable for any loss or damage of any kind incurred as a result of any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.  The content may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time.  We do not warrant or make any representation regarding use, or the result of use, of the content in therms of accuracy, reliability or otherwise.  You, and not us, assume the entire cost of all necessary repair or correction in the event of any loss or damage arising from the use of this site or its content.

 

Section 12 – Disclaimer of Warranties; Limitation of Liability

Use of this site is AT YOUR OWN RISK.  The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use.  There is no representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.  We cannot and do not guarantee or warrant that files available for downloading will be free of viruses, worm or other code that may manifest contaminating or destructive properties.  We do not guarantee, represent or warrant that your use of this site will be uninterrupted, timely, secure or error free.  You are responsible for implementing procedures and checks to satisfy your own requirements for accuracy of data input and output and data backups.  In no case shall Ming’s Medicinals LLC, our directors, officers, employees, affiliates, agents contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product including but not limited to any errors or omissions in any content.  The same shall not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if our Company has been advised of the possibility of such damages.  In no event will the collective liability of our Company and its directors, officers, employees, affiliates, agents contractors, interns, suppliers, service providers or licensors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the grater of $100 or the amount you have paid to the company for the applicable content, product or service out of which the liability arose. In those states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

 

Section 13 – Indemnification

You agree to indemnify, defend and hold harmless our Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“Indemnified Parties”), from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You agree that Indemnified Parties will have no liability in connection with any breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses and attorney’s fees of the Indemnified Parties in connection therewith.

 

Section 14 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Section 15 – Entire Agreement

These Terms and Conditions constitute the entire agreement among the parties relating to this subject matter.   Notwithstanding the foregoing any additional terms and conditions on this site will govern the items to which they pertain superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).  We may revise these Terms and Conditions at any time by updating this posting. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

 

Section 16 – Governing Law

These Terms and Conditions will be governed and interpreted pursuant to the laws of Colorado, United States of America, notwithstanding any principles of conflicts of law.  You specifically consent to personal jurisdiction in Colorado in connection with any dispute between you and Company arising out of these Terms and Conditions or pertaining to the subject matter hereof.  The parties to these Terms and Conditions each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions or pertaining to the subject matter of these Terms and Conditions will be in the state and federal courts in Colorado.

 

Section 17 – Changes to Terms of Service

You can review the most current version of the Terms and Conditions at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions at any time by updating this posting.  It is your responsibility to check our website periodically for changes.  Your continued use of or access to our website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

 

Section 18 – Contact Information

Questions about the Terms and Conditions should be sent to us at support@mingsmedicinals.com.