Terms of Use of our Website

AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Overview

This website is operated by Mark Legere Collections. Throughout the site, the terms “we”, “us” and “our” refer to Mark Legere Collections and/or M. Legere, Originals at the Table©️. Mark Legere Collections offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. We invite you to read this section carefully before using the services provided by us. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If these Terms are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of our Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Shopify

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. You can learn more about them in our Privacy Policy.

MailChimp

Our Website uses MailChimp as its online platform in order to stay in contact with you. You can learn more about them in our Privacy Policy.

Online Store Terms

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province or country of residence, or that you are the age of majority in your state or province or country of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our Service, violate any laws in your jurisdiction (including but not limited to copyright laws discussed below). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your Services.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on our “Website” through which the service is provided, without express written permission by us.

We reserve the right to refuse service to anyone for any reason at any time.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Copyright and Intellectual Property

The content of our Website and namely but not exclusively the texts, marks, logos, photographs, layout, designs, know-how, technologies, products and processes are the property of Mark Legere Collections or our affiliated companies and are used with the authorization of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable. Except as provided herein, nothing contained on our Website shall be interpreted or construed as granting you a license or a right to use any such content of our Website.

You may download, display or print the content of our Website solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Website, in whole or in part and by any means is strictly prohibited, except upon prior written consent of Mark Legere Collections.

Errors, Inaccuracies, Omissions, and Timeliness of Information

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We reserve the right, but do not assume any responsibility, to update, or to make changes, corrections and/or improvements to such content any time without prior notice. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or Services

Certain products or services may be available exclusively through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Your Account Information

We invite you to read carefully our Privacy Policy. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to update your account and other information promptly, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website, including, the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Use.

Third-Party Links

As a service to our visitors, our Website may contain hypertext links leading to other websites that are not operated or controlled by us or affiliated with us (Third-party Links”). We shall not be considered responsible for these sites and decline all responsibility and liability in relation to their content, legality, accuracy or functions. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

The creation of any hyperlink to our Website is prohibited without our prior written consent.

Information Deemed Non-Confidential

Our Privacy Policy governs and protects any personally-identifying data and information that you may send via the Internet to our Website. We suggest that you carefully read our Privacy Policy.

Any other information or material communicated to us through the Internet, by electronic mail postal mail, or otherwise, (collectively, ‘comments’), at our request or without a request from us, will be treated as non-confidential and non-proprietary. This includes questions, suggestions, proposals, plans, ideas, graphics, or other materials. Anything you transmit or post becomes our property and may be freely used for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, distribution, broadcast and posting. You agree that we may, at any time, without restriction, edit, translate and otherwise use in any medium any comments that you forward to us. Specifically, we are free to use any ideas, concepts, know-ow, or techniques contained in any such comments you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. We are and shall be under no obligation to maintain any comments in confidence; to pay compensation for any comments; or to respond to any comments. By submitting comments, you are warranting that you own the material/content submitted, that it is not defamatory, and that our use will not violate any third party’s rights including copyright, trademark, privacy, personality or other personal or proprietary right, or these Terms of Use.

You further agree that your comments will not contain unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, abusive or otherwise objectionable material, or contain any computer virus or other malware that could in any way affect the operation of our Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments received and/or posted by you or any third-party.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Use, 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 race, gender, sexual orientation, age, disability, ethnicity, national origin, or religion; (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 our Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Services or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability; Indemnification

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You access, use, browse and navigate on our Website at your own risk.

You agree that, from time to time, we may remove the service or interrupt or discontinue any or all of the functionality of our Website for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service, all products and services delivered to you through the Service are (except as expressly stated by provided 'as is' and 'as available' for your use, without any 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.

Any advise or information, be it oral or written, obtained from us or doing the use of Services made available on our Website shall not give rise to any guarantees which are not expressly provided for in the Terms of Use.

In no case shall Mark Legere Collections, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors, or any other party involved in creating, producing or delivering our Website, 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, injury to reputation, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of, or on the contrary the impossibility to use, 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, 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. We also assume no liability for any damage that affects your computer equipment or other property by reason of your illegal intrusion or intervention in our IT systems.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless Mark Legere Collections and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Entire Agreement

These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 of Use).

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Termination

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If, in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Changes to Terms of Use

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

Severability

In the event that any provision of these Terms of Use 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 Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York. New York State shall be the exclusive jurisdiction and New York County and/or the Southern District of New York shall be the exclusive venue.

Contact Information

Questions about the Terms of Use should be sent to us at info@mlegere.com, or by mailing us at: Mark Legere Collections, 233 Broadway, Suite 2348, New York, New York, 10279, U.S.