Terms and Conditions of Sale
Thanks for shopping at meShare Online Store (the “Store”) provided by meShare Inc. (“meShare”). Your placing an order or making a purchase of meShare hardware products (“Products”) at the Store constitutes your agreement to be bound by these Terms and Conditions of Sale (“Terms and Conditions”), and to be bound by the terms of meShare’s Warranty [particularly, the Limited Warranty included in-box with Products ], Software End User Agreement and other legal policies which can be located at www.meshare.com/legal.
meShare reserves the right to change these Terms and Conditions at any time, so please review them each time prior to making a purchase from the Store. Every time you order Products from the Store, Terms and Conditions in force at that time will apply between you and meShare. If you have any questions regarding these Terms and Conditions, please contact meShare.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FROM MESHARE STORE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS.
You have your legal rights as a consumer, and any disclaimer, exclusion and limitation under these Terms and Conditions shall only apply to the extent permitted by applicable law. You should refer to the laws applicable in your country or jurisdiction for a full picture of your legal rights, and nothing in these Terms and Conditions will affect those other legal rights.
Any statement of Products’ availability for pre-order does not constitute an offer for sale made by meShare. Your placement of a pre-order does not create a contract for sale.
By placing a pre-order for Products, you make an offer to meShare to purchase the Products subject to these Terms and Conditions. Once we receive your order and payment, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify meShare’s acceptance of your order, nor does it constitute confirmation of our offer to sell.
meShare reserves the right at any time after receiving your order to accept or decline your order for any reason. We may attempt to contact you if all or a portion of your order is canceled, or if additional information is needed to complete and accept your order. If meShare cancels an order after you have already been billed, we will refund the billed amount.
You may cancel your offer to purchase Products at any time prior to shipment and, if you do, we will refund the billed amount. You may contact meShare Customer Support to cancel your order before you receive an email confirming that your order has shipped.
2. Availability and Pricing.
All Products offered on the Store are subject to availability.
With regards to pricing, meShare reserves the right to change prices for products displayed at/on the Store at any time, and to correct pricing errors that may inadvertently occur. Prices for the Products are subject to change without notice at any time, but changes will not affect any order you have already placed except for the inadvertently pricing errors.
meShare accepts Paypal, as well as major credit cards and debit cards via Paypal. When you initiate a payment, you will be redirected to Paypal’s website and make use of its service. We will not have access to or retain your credit card information. The processing time and procedures of Paypal and your financial institution are out of meShare’s control. We will ship your order only when we have received your payment.
4. Sales Tax.
All orders shipped from the Store will be subject to sales tax, applicable in accordance with the tax code of the state and city to which the order will be shipped. Tax is estimated at the time an order is placed and a final calculation of the actual sales tax will be reflected on your order confirmation e-mail.
Purchases made on the Store are intended for end users only, and are not authorized for resale. You must contact [email protected] if you wish to purchase wholesale supplies.
6. Shipping and Title Transfer.
Currently, we only ship items to the United States and Canada. We offer Free Ground Shipping to the Contiguous 48 States in the United States. Shipping Charges will apply to Alaska/Hawaii, APO/FPO and US Protectorates (American Samoa, Guam, Mariana Islands, Marshall Islands, Micronesia, Palau, Puerto Rico, U.S. Virgin Islands).
All orders of $250 or more require a signature upon delivery and cannot be shipped to a P.O. Box. We reserve the right to determine best shipping method and carrier available. Shipping and handling charges are not refundable.
The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.
Buyers are responsible for additional COD charges, VAT, brokerage fees, duty, or custom fees and taxes.
Title for Products purchased from the Store passes to the purchaser at the time of delivery by meShare to the freight carrier, but meShare and/or the freight carrier will be responsible for any Products loss or damage that occurs when the Products are in transit to you.
7. Returns and Refund.
We fundamentally believe you will be thrilled with the Products you purchase from the meShare. However, if, for any reason, you want to return the Products you purchased from the Store for a refund, please follow our Return Policy to start a return and refund process.
10. Disputes Resolution and Arbitration Agreement
(a) Contact Us First.
If a dispute arises between you and meShare, our goal is to learn about and address your concerns. You agree that you will notify meShare about any dispute you have with meShare regarding these Terms and Conditions.
For any questions or claims, please contact meShare.
(b) Protection of Confidentiality and Intellectual Property Rights.
meShare may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(c) Arbitration Agreement.
Further you agree that the arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Products.
(d) Arbitration Procedures.
You must first present any claim or dispute to meShare, by certified mail, a written Notice of your claim (“Notice”). The Notice to meShare should be addressed to: meShare Inc., 48389 Fremont Blvd., Suites 106-108, Fremont, CA 94539, USA. (“Notice Address”).
If meShare elects to seek arbitration, it will send, by certified mail, a written Notice to the address used for your membership account. A Notice, whether sent by you or by meShare, must (a) describe the nature and basis of the claim or dispute; and (b) set following receipt of the Notice, we each agree to negotiate with each other in good faith about your claim provided in the Notice. If we do not resolve the claim within sixty (60) days after we receive the Notice, you may pursue your claim in arbitration.
The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this agreement. The place of any arbitration will be San Francisco, California, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.
Any arbitration shall be confidential, and neither you, nor meShare nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
(e) No Class Actions.
There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
(f) Fees and Expenses.
All administrative fees and expenses of arbitration will be divided equally between you and meShare. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
(g) YOU MUST CONTACT MESHARE WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
(h) THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.
11. Warranties and Disclaimers.
AS FAR AS PERMITTED BY APPLICABLE LAW, THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MESHARE DISCLAIMS ALL WARRANTIES , EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MESHARE DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE OR THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES. ALL PRODUCTS AND SERVICES PURCHASED THROUGH THE STORE ARE PROVIDED ON AN “AS IS” BASIS UNLESS OTHERWISE NOTED IN THE WARRANTY TERM INCLUDED WITH PRODUCTS.
YOUR USE OF PRODUCTS IS AT YOUR OWN DESCRETION AND RISK. YOU WILL BE SOLELY RESPOSIBLE FOR ANY AND ALL LOSS, LIABILITY OR DAMAGES RESULTING FROM YOUR USE OF PRODUCTS, INCLUDING DAMAGE OR LOSS TO YOUR HOME, PRODUCTS, OTHER PERIPHERALS CONNECTED TO THE PRODUCTS AND LIABILITIES RELATED TO ILLEGAL SURVEILLANCE ACTIVITIES.
12. Limitation of Liability.
Nothing in these Terms & Conditions and in particular within this "Limitation of Liability" clause shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) MESHARE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF MESHARE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) MESHARE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO MESHARE OR MESHARE’S AUTHORIZED RESELLER FOR THE PRODUCTS AT ISSUE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. MESHARE DISCLAIMS ALL LIABILITY OF ANY KIND OF MESHARE’S LICENSORS AND SUPPLIERS.
13. Privacy Protection.
By placing an order for Products, you agree and understand that meShare may store, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order, which data may be shared globally within the meShare group of companies.
You are communicating with meShare electronically when you use the Store or send email to meShare. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about meShare’s products and services unless you opt-out of such emails using the opt-out link in the emails.
15. Force Majeure.
meShare shall not be liable for any failure of or delay in the performance of any contract for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or any other force majeure event.
If any part of one or more of these Terms and Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will to that extend be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms and Conditions will remain in full force and effect.
Failure or delay by us to enforce any these Terms and Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
18. Governing Law and Jurisdiction.
All matters relating meShare website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or meShare website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, unless such claim or dispute is required to be arbitrated as set forth in an above section.. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
19. Changes to the Terms and Conditions
We may change these Terms and Conditions at any time by publishing a new version on our Website. You are expected to check this page from time to time prior to making a purchase from the Stores, as they are binding on you. Your order of Products from the Store means that you accept and agree to the Terms and Conditions in force at that time.