Terms of Use

Terms of Use

Confidentiality and Electronic Communications

If you use this site, you agree to this Terms of Use, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Simply Mellen reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

When you visit Simply Mellen or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.


Copyright, License, and Site Access

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Simply Mellen, Bad Dog Web Hosting, Ronald F Garrison, Mary Ellen Hammack or their content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Mary Ellen Hammack and protected by U.S. and international copyright laws. All software used on this site is the property of Simply Mellen or its software suppliers and protected by United States and international copyright laws.

Simply Mellen grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Simply Mellen. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Simply Mellen. You may not frame or utilize framing techniques to enclose any logo or other proprietary information (including images, text, page layout, or form) of Simply Mellen without express written consent. You may not use any meta tags or any other “hidden text” utilizing the name Simply Mellen without the express written consent of Simply Mellen. Any unauthorized use terminates the permission or license granted by Simply Mellen. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Simply Mellen so long as the link does not portray Simply Mellen or our products/services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Simply Mellen logo or other proprietary graphic or trademark as part of the link without express written permission.


Graphic / Image Use

We do not in any way allow ‘remote linking’, ‘hotlinking’, ‘inline linking’ or any other type of leaching of bandwidth. Do not link to any of our graphics or pictures on any other site.

Why don’t we allow this? When an image is loaded it uses our data transfer (bandwidth) usage up.


Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Simply Mellen with the written information specified below. Please note that this procedure is exclusively for notifying Simply Mellen that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 


Communications, Reviews, and Comments

Visitors may send communications, post reviews, and submit comments, suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead. Simply Mellen reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Simply Mellen a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Simply Mellen for all claims resulting from content you supply. Simply Mellen has the right but not the obligation to monitor and edit or remove any activity or content. Simply Mellen takes no responsibility and assumes no liability for any content posted by you or any third party.


Descriptions, Pricing, and Purchases

Simply Mellen attempts to be as accurate as possible. However, Simply Mellen does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Simply Mellen is not as described, your sole remedy is to return it in unused condition.

Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:

  • If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
  • If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Payments are charged at the time you place your order.

All items purchased from Simply Mellen are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.


Applicable Law and Dispute Resolution

By visiting Simply Mellen, you agree that the laws of the state of Indiana, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Simply Mellen.

Any dispute relating in any way to your visit to Simply Mellen or to products you purchase through Simply Mellen shall be submitted to confidential arbitration in Indianapolis, Indiana, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Simply Mellen, Simply Mellen may seek injunctive or other appropriate relief in any state or federal court in the state of Indiana, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.


Site Policies, Modification, and Severability

Please review our other policies. These policies also govern your visit to Simply Mellen. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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