1. Introduction

In these Terms of Use (“Terms”), we refer to Mepiie and its corporate affiliates as "Mepiie" or "we" or "us." We refer to end users as "you" and the entity that lists and sells product of Mepiie (“Product”) as "Merchant."

 

2. Privacy

Our Privacy Policy provides information about how we collect, use, and disclose your personal information. Your purchases are fulfilled by Merchant. In order to fulfill your purchases, Merchant needs information about you, such as your mailing address. Merchant may be located in your country or region or elsewhere. You acknowledge that when you make a purchase, Mepiie treats it as a request from you to share your information (including your name, street address, and phone number) with the relevant Merchant to facilitate shipping or the provision of Product to you, and that such sharing may cause a transfer of personal data from one region to another. You acknowledge and agree that Mepiie may access, preserve, and disclose your account or user information as described in our Privacy Policy, including without limitation, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any of your acts violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Mepiie, its users, or the public.

 

3. Communications

Mepiie may communicate with you using email or autodialed or prerecorded calls and text messages, at any telephone number that you provide us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) poll your opinions through surveys or questionnaires; or (v) as otherwise necessary to service you or enforce these Terms, our policies, applicable law, or any other agreement we may have with you. If you would like to receive marketing via mobile texts and alerts, you may sign up to do so. By signing up, you provide your consent to receive recurring autodialed marketing texts or other mobile messages from or on behalf of us at the mobile number you've provided. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to be removed from the Mepiie marketing text list, you can follow the instructions provided in those messages or reply STOP to any Mepiie SMS/text. If you have any questions, you may contact at info@mepiie.com. Mepiie may route communications with you through a third-party service provider, and we or the service provider may record or monitor telephone conversations you have with Mepiie or its agents for quality control and training purposes, or for our own protection. You consent to such recording and monitoring. Mepiie may also track communications between you and Merchant (using a service provider or through other methods) so that Mepiie and the Merchant can access certain details about your communications with Mepiie or Merchant. As part of this process, Mepiie and Merchant will receive and store data about your communication, including the date and time of the communication, your contact information, and the content of the communication. You consent to these practices by Mepiie and the service provider. The information is subject to our Privacy Policy.

 

4. License

Mepiie is a trademark registered in the U.S. Patent and Trademark Office. All rights reserved.

 

5. Refunds, Exchanges and Related

We want you to be satisfied with your purchases. If you have a problem with an order or purchase, please contact the applicable Merchant. You agree that: (i) if you wish to resolve any problems with your order, including the contents of Product or the delivery, condition, performance, or quality, you must seek that remedy directly from the applicable Merchant. If you accept a refund, your ability to seek another remedy from the applicable Merchant may be affected. Mepiie cannot refund, reimburse, cover, or otherwise be responsible for any fees, including without limitation those not paid to Mepiie, such as customs, taxes, or any return shipping costs you may incur in the refund process.

 

6. Warranty Disclaimer

Neither Mepiie nor its Merchant makes any representations or warranties concerning any content contained in or accessed, and we will not be responsible or liable for the accuracy, intellectual property compliance, legality, or decency of material contained in or accessed through the services. Both Mepiie (and Merchant) make no representations or warranties regarding suggestions or recommendations of Product offered or purchased. To the fullest extent permitted by applicable law, Mepiie expressly disclaims all warranties, representations, and conditions of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement. If you rely on any data or information obtained through this website or any affiliated website that sells the Product, you do so at your own risk. you are solely responsible for any damage or loss that results from your use of such data or information.

 

7. Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold Mepiie, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys' fees) arising from or in any way related to any third-party claim. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). Mepiie reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mepiie in asserting any available defenses. This provision does not require you to indemnify Mepiie for any unconscionable commercial practice by Mepiie or for Mepiie's fraud, deception, false promise, misrepresentation, concealment, suppression, or omission of any material fact. You agree that the provisions in this section will survive these Terms, or your access to the website, including the purchase of any Product.

 

8. Electronic Communications

You agree to receive communications from Mepiie electronically, such as emails, texts, mobile push notices, and notices and messages on the Product. You agree that all Terms of Use, agreements, notices, disclosures, and other communications and documents that Mepiie provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in writing.

 

9. Force Majeure

Mepiie 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, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

 

10. Choice of Law

These Terms and any dispute of any sort that might arise between you and Mepiie will be interpreted in accordance with and governed by the law of the State of Nevada and the United States of America, without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction.

 

11. Exclusive Venue and Waiver of Jury Trial

Any claim or dispute that between you and Mepiie that arises out of or is related to the Product and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in Clark County, Nevada, and you hereby consent to, and waive all defense of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Clark County, Nevada. You and Mepiie hereby waive any constitutional and statutory rights to have a trial in front of a judge or a jury.

 

12. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Product must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

13. Notice

Where Mepiie requires that you provide an email address, you are responsible for providing Mepiie with your most current email address. In the event that the last e-mail address you provided to Mepiie is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Mepiie's dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

 

14. Entire Agreement

These Terms set forth the entire understanding and agreement between you and Mepiie and supersede all prior understandings and agreements of the parties. These Terms shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.

 

15. Waiver

Our failure to respond to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

16. Language of the Terms

If we provide a translated version of these Terms, or any other terms or policy, it is for informational purposes only. If the translated version means something different from the English version, then the English meaning will be the one that applies.

 

17. Miscellaneous

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Mepiie, and you do not have any authority of any kind to bind Mepiie in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Applications, you and Mepiie agree there are no third-party beneficiaries intended under these Terms.

 

18. Change of Terms

These Terms may be amended at any time. If material changes are made, these Terms will be updated, including the "Last Updated" at the bottom of these Terms. Any changes will be effective when we post the updated Terms of Use.

 

19. Contact Information

All questions, complaints, or comments about these Terms can be emailed at info@mepiie.com.

 

Last Updated: August 1, 2023