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Terms of Use


Last updated: June 1, 2012

THESE TERMS OF USE GOVERN YOUR USE OF THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE VIA THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. This Site is intended to be used only by professional individuals or entities. Anyone who accesses the Site in another capacity than a professional does so at its own initiative and risk and is responsible for compliance with all applicable laws and regulations, including the Applicable Law.

Acceptance of Terms and Conditions. These terms of use (“Terms of Use”), state the terms and conditions under which you may use the website located at www.myron.comand all Content, Products and Service available therein (the “Site”). Please read these Terms of Use carefully.

This Site contains various information in the form of data, text, graphics, and other materials as well as third-party content (collectively, the “Content”). By browsing the public areas of this Site as a user (“User”), or registering to access certain restricted areas of the Site and become eligible to purchase personalized business products (“Products”) and related services (“Services”) as a registered user (“Registered User”), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use.

Amendment. Myron Corp. (“Myron” or “We”) reserves the right to amend these Terms of Use at any time and from time to time without notice. If you use the Site after these Terms of Use have been posted, you will be deemed to have agreed to these Terms of Use.

Registration Process. Users are not required to become Registered Users to browse in public areas of the Site. In order to access Registered User-only portions of the Site and/or purchase Products or Services, registration is required. During the registration process for the Site, We will request that You provide certain information such as company name, physical address, e-mail address, a primary contact person and, as applicable, a description of your preferences for Products and/or Services. If you purchase Products and/or Services via the Site, We will also request that you provide information for payment and billing purposes, such as credit card information and billing address. To the extent that the requested data may be considered as personal information by the Applicable Law, please refer to our Privacy Policy

Upon the earlier of the termination of these Terms of Use as describe below, or a Registered User’s written request, Myron will terminate the Registered User’s access to the Site.

Registered User Authorization. By registering on this Site, you represent and warrant to Myron that you are (i) (a) a professional individual at least 18 years of age, and (b) a principal, partner, officer, or other authorized representative of the Registered User, fully authorized to bind Registered User to contractual obligations, (ii) authorized to provide personal information via this Site on behalf of the Registered User in connection with the registration process and the purchase of Products and/or Services, (iii) in compliance with the Applicable Law, and have obtained any and all consents required under the Applicable Law to provide personal information to Myron via this Site, including, but not limited to, the consent of individual employee and agents of Registered User.

Reservation of Rights. Myron is under no obligation to accept any applicant as a Registered User, and may accept or reject any applicant in its sole and complete discretion.

Sign-In Name; Password. The Sign-In Name for each Registered User is its e-mail address. There is only one e-mail address authorized for each Registered User. The Registered User selects a password (“Password”). Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use, misuse, or communications entered through the Site using one or more of them. You will promptly inform Myron of any need to deactivate or change a Password or Sign-In Name. Myron reserves the right to delete or change your Password or Sign-In Name at any time and for any reason. Registered User will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Site; (ii) copy, modify, adapt or translate the Site, or otherwise make any use, resell, distribute or sublicense the Site except in connection with these Terms of Use; (iii) disclose and/or make the Site available on a “service bureau” basis; (iv) remove or modify any proprietary marking or restrictive legends placed on the Site; or (vi) use the Site in violation of the Applicable Law and regulation.

Product Appearance and Availability. Myron has made every effort to display Products, colors and imprints as accurately as possible on this Site. However, the final Product delivered may vary from the image(s) viewed on this Site due to a number of factors that are not within Myron’s control. These factors include, but are not limited to, system capabilities and constraints of your computer, manufacturing process issues, and the availability of product and raw materials. While Myron will exercise commercially reasonable efforts to help ensure that the Products conform to your expectations, variations sometimes occur. All Product pricing, specifications and offerings are subject to change without notice.  This web site may describe products that are not available worldwide.  Please call (877) 803-3358 for non-U.S. availability, pricing, or delivery information.

Product Samples. Myron reserves the right to distribute Product samples only to qualified Registered Users selected by Myron at its discretion. Due to the requirements of order fulfillment or other business reasons, certain Products may not be available as samples. Myron reserves the right to substitute products distributed as samples without notice.

Payments. Myron offers Products and Services via the Site for prices that may change from time to time. Registered Users are responsible for providing a valid credit card number at the time of purchase. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your purchase of Products and Services at the prices then in effect, including any unauthorized charges incurred prior to your notifying Myron of such charges. Orders placed via this Site constitute offers to buy and are not binding on Myron until accepted in New Jersey, USA.

You agree that Myron may pass your credit card information and related personal information to its designated service provider(s) for payment secured treatment only, if any, for Products and Services that you purchase.

All prices are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local, and city taxes or import duties. Myron Corp. is required to collect and remit sales tax on purchases in New Jersey unless a valid exemption certificate is provided by the customer. Purchases made outside of New Jersey may be subject to sales and/or use tax.  Customers are responsible for determining their sales and use tax liability and remitting such tax to the appropriate state tax agency.

All payments must be received by Myron in advance of Product shipment and/or provision of the applicable Services. At Myron’s discretion, qualified Registered Users may be invoiced with payment due net thirty (30) days after shipment. All amounts stated in these Terms of Use or on any invoice are in Dollars, and all payments will be made in Dollars. Myron’s return policy is set forth at the following URL: http://myron.com/eng/customerservice/guarantee.cfm

License Grant. Myron grants Registered User a non-exclusive, non-transferable, revocable, non-sub licensable license to access and use the Site and purchase Products and/or Services via the Site.

Intellectual Property Rights in the Site. You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Myron or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a single copy of the Content for your own personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

Trademarks. MYRON (US); DATE LOG (US); POCKET PAL (US; Canada; United Kingdom); SLIM JIM   (US); COMPAC   (US); DATE KEEPER   (US) ; DESK MASTER   (US); TOGETHER WE ACHIEVE THE EXTRAORDINARY   (US; Austria; Australia; Benelux; Switzerland; Germany; France; Japan; Canada); A WORLD OF THANKS   (US); ADLER   (US); WE'VE GOT THE GIFT FOR BUILDING BUSINESS   (US; Canada); TEAMWORK TOGETHER WE ACHIEVE THE EXTRAORDINARY   (US; Canada; Australia); TEAMWORK   (US; United Kingdom) ; THE LEADER IN PERSONALIZED BUSINESS GIFTS   (US; Canada) ; JOT-N-ERASE   (US) ;AMAZING GIVEAWAYS & Design   (US); L'ESPRIT D'EQUIPE UNISSONS NOS EFFORTS  (Canada; France) ; WORLD OF THANKS   (United Kingdom); !DEA PAD   (US; United Kingdom; European Community; Canada) ; ADLER THE ART OF SAYING THANK YOU   (United Kingdom) ; TEAMWORK GEMEINSAM MACHEN WIR'S MOGLICH (Austria; Germany); PHOTO MARK   (US) ;Miscellaneous Design (Right Sideway Diamond Design)  (US; European Community; Canada) ; Miscellaneous Design (Wave Design)   (US; European Community; Canada) ; and Miscellaneous Design (2 Men Shaking Hands)   (United Kingdom) are trademarks and service marks of Myron (the “Trademarks”). Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Myron. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on this Site, without our prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to our benefit.

Unsolicited Information. By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to Myron on the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. Myron, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Myron and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting Myron a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information. This section shall not apply to any submissions you provide pursuant to an agreement with us.

Links to Other Web Sites. This Site may periodically provide links to third party websites (“Third-Party Sites”) as well as other websites operated by Myron (“Other Myron Sites”). These Terms of Use govern only this Site and not any Third-Party Sites or Other Myron Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third-Party Site. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. We also prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other website.

Advertisements on this Site. Myron, in its sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by Myron. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.

Security of the Site. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. Myron reserves the right to view, monitor, and record activity on the Site without notice or permission from you, but in accordance with the Applicable Law and regulation. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. Myron will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.

DISCLAIMER OF WARRANT. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE PRODUCTS AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF MYRON, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “MYRON PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF THE MYRON PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE IS ASSUMED SOLELY BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE MYRON PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE AND THE PRODUCTS AND/OR SERVICES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

No Responsibility for Connectivity. You agree that you are responsible for the means you use to access the Site and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider, and other third parties involved in connecting you to the Site.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ANY OF THE MYRON PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE MYRON PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ADMINISTRATIVE AND OVERHEAD COSTS, LOSS OF PROFITS, BUSINESS, CONTRACTS, REVENUES, GOODWILL, PRODUCTION AND ANTICIPATED SAVINGS, OR LOSS ARISING FROM ANY CLAIM MADE AGAINST THE PURCHASER BY ANY OTHER PERSON) ARISING OUT OF OR RELATING TO THE SITE, THE PRODUCTS, SERVICES AND/OR THESE TERMS OF USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. IN NO EVENT WILL THE MYRON PARTIES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES YOU PURCHASED VIA THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE MYRON PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

Indemnification. You agree to defend, indemnify and hold Myron harmless from and against any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site, the Products, Services and/or any violation of these Terms of Use.

Use of personal information. Your use of the Site may involve the collection and processing of personal information under the definition of the Applicable Law. Our policies with respect to the collection and use of personal information are governed according to our Privacy Policy which is hereby incorporated by reference in its entirety.

Termination. We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this Site at any time without prior notice or liability.

Order of Precedence. Registered Users may also enter into a written agreement with Myron for the purchase of Products and/or Services. In the event of any conflict between such written agreement and the Terms of Use and Privacy Policy (collectively, the “Site Terms”), the terms and conditions of the written agreement shall govern.

Miscellaneous In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the Applicable Law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. The sections of these Terms of Use entitled limitation of liability, indemnification and miscellaneous shall survive the expiration or earlier termination of these Terms of Use. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of these Terms of Use. You expressly absolve and release the Myron Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use and any other agreements between the parties entered into through this site shall be governed by and construed in accordance with the laws of New Jersey (the “Applicable Law”).

Except for proceedings commenced by Myron to protect its intellectual property or confidential information, which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively in the state and federal courts in New Jersey. These Terms of Use contain the entire agreement of the parties concerning this Site and supersedes all existing agreements and all other oral, written, or other communication between the parties concerning its subject matter. You shall comply with the Applicable Law, rules, and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate the Applicable Law or another regulation. All rights not expressly granted herein are reserved by Myron.

Thank you for your cooperation. We hope you find the Site helpful and convenient to use. Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our email address at service@myronglobal.com, or via regular mail to Myron Corp., 205 Maywood Avenue, Maywood, New Jersey 07607, ATTENTION: Customer Service, or via phone to our Customer Service Department at (877) 803-3358. We try to answer every phone call and/or email in a timely manner, but are not always able to do so.

© 2012 Myron Corp.  All rights reserved.

 

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