TERMS & CONDITIONS
Welcome to Hail Merry (“HAIL MERRY” or “we” or “us”) website hosted at https://www.hailmerry.com (“Website” or “site”), and any other affiliate websites or apps related to HAIL MERRY (together, collectively the “Service”).
Please review the following terms and conditions concerning your use of and access to the Website. By accessing AND/OR using the Website, you agree to follow and be bound by these terms and conditions (these "Terms"). If you do not agree with these Terms, you may not use the service.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.
By making a purchase from hailmerry.com, users (hereafter “You”, “Your”, “User” or “Users”) understand and agree that HAIL MERRY may share information about you and your transaction with other companies for the purpose of processing your transaction, shipping your product, and authorizing your credit card transaction.
Content and Accuracy of Information: We attempt to ensure that information on this Service is complete, accurate and current. Despite our efforts, the information on this Service may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Service.
Use of Service Content: All materials provided by the Service, including, but not limited to, information, images, graphics, logos, sounds, compilations, content and services ("Materials" or “Content”) are protected by and subject to copyright, trademark, patent, trade secret and other laws and are owned or controlled by HAIL MERRY, or their respective partners, vendors, licensors, agents and/or representatives (whether or not such persons are credited as the provider of the Content). HAIL MERRY reserves all rights in and to the Content not expressly granted to you hereunder. You shall have no rights to the Materials and you shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
None of the Content may be modified, copied, stored, printed, reproduced, distributed, republished, hosted, performed, downloaded, displayed, posted, reposted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, recording, or other means, without the prior express written permission of HAIL MERRY. Also, you may not "mirror" or “archive” any Content contained on the Service on any other server without HAIL MERRY’ prior express written permission.
You may not sublicense, assign or transfer any licenses granted by HAIL MERRY, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works of the Materials or Content.
Except where expressly provided otherwise by HAIL MERRY, nothing on the Service shall be construed to confer any license or ownership right in or to the Materials, under any of HAIL MERRY'S intellectual property rights, whether by estoppel, implication, or otherwise.
Any unauthorized use of any Materials contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is the Users’ obligation to comply with all applicable state, federal and international laws. Users are responsible for maintaining the confidentiality of their account information and password and for restricting access to such information and to their computer. Users agree to accept responsibility for all activities that occur under your account or password.
Termination: You or we may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Service at any time without notice.
Except where expressly provided otherwise by HAIL MERRY, all comments, feedback, information and data submitted to HAIL MERRY through, in association with or in regard to the Service ("Submissions") shall be considered non-confidential and HAIL MERRY's property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method HAIL MERRY sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to HAIL MERRY, you agree to assign to HAIL MERRY, as consideration in exchange for the use of the Service, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant HAIL MERRY these rights. HAIL MERRY shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not HAIL MERRY, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity
All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, HAIL MERRY reserves the right to cancel or suspend your account. Furthermore, HAIL MERRY reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using HAIL MERRY for improper purposes, or any purpose inconsistent with its business.
INFORMATION FOR USERS
Sharing Information. Users may share information with other users or invited colleagues through the Service provided that the users and invited colleagues have an individual account with HAIL MERRY. Unless the user specifies he or she does not wish to participate, HAIL MERRY may track users’ use of the Service and suggest actions or activities to users that match the individual’s use of the Service and/or browsing and selection history. Upon creation of an account, the default will be to allow HAIL MERRY to track your use of the Service. Also, HAIL MERRY may send text messages to User’s mobile numbers to verify a User account. To change your account settings, please visit www.hailmerry.com
LINKS TO THIRD PARTY SITES
The website or application may contain links or have references to websites controlled by parties other than HAIL MERRY. HAIL MERRY is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. HAIL MERRY is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HAIL MERRY of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by HAIL MERRY. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HAIL MERRY OR ANY THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES to your computer, telecommunication equipment, or other property and/or FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE accessing or USE of, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH including but not limited to the downloading of any materials, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.
LICENSES FROM HAIL MERRY
Users are being granted solely a limited, non-exclusive, non-transferrable, license to access the Service and view the Content through the Service. Except for the limited license, no right, title, interest shall be transferred to you.
REPRESENTATIONS AND WARRANTIES
Each User represents and warrants that it has the power and authority to enter into these Terms. HAIL MERRY warrants that it will provide the Service in a manner consistent with its business practices, as HAIL MERRY, in its sole and absolute discretion, deems fit.
DISCLAIMER OF WARRANTIES
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY HAIL MERRY, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, HAIL MERRY AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. HAIL MERRY AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE website and the GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY accessing or USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HAIL MERRY AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER HAIL MERRY NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. HAIL MERRY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY HAIL MERRY, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN "AS IS" BASIS. HAIL MERRY EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
Users will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which HAIL MERRY controls and operates the Service associated therewith.
HAIL MERRY may give notice by means of a general notice on the website, app, or by electronic mail to your e-mail address on record in HAIL MERRY's account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Website.
Furthermore, HAIL MERRY complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to the HAIL MERRY designated agent via email at firstname.lastname@example.org or via registered US mail sent return receipt to: DMCA Compliance Agent, Hail Merry, 2001 Irving Boulevard, Suite 147, Dallas, TX 75207.
You may give notice to HAIL MERRY at any time by letter sent by registered mail with return receipt to: Hail Merry, 2001 Irving Boulevard, Suite 147, Dallas, TX 75207.
RESOLUTION OF DISPUTES – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with HAIL MERRY or its Third Party Providers in connection with the use of this Service. Please read this section carefully. Our Customer Service Department, which you can reach at email@example.com can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:
Hail Merry LLC
Attention: Notice of Dispute
2001 Irving Boulevard, Suite 147
Dallas, TX 75207
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within sixty (60) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 60 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As explained below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here: https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration proceeding with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the County of Dallas, Texas, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Dallas by clicking here: https://www.dallascounty.org/government/jpcourts/3-1/smallclaims.php However, if you initiate a Small Claims case, you are responsible for all your court costs.
Choice of Law and Forum Selection
You agree that the laws of the State of Texas govern this agreement and any claim or Dispute or issues arising from it, without regard to Texas' conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in the County of Dallas in the State of Texas and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Governing Law & Exclusive Venue
UNITED STATES ONLY
Unless otherwise specified, the Service is solely for use within the United States. We make no representation that the Service is appropriate or available for use in other locations. If you access the Service from locations other than the United States, you do so at your own risk. Whether inside or outside the United States, you are solely responsible for compliance with any applicable local laws.
If you have any questions regarding these terms or wish to contact us for any matter: