MerchDirect Terms and Conditions


WEBSITE TERMS AND CONDITIONS OF USE

Last Updated on June 21, 2017

PLEASE READ THIS AGREEMENT CAREFULLY. This is a binding contract between you and MerchDirect LLC, a New York limited liability company and its subsidiary companies (collectively “MerchDirect”, “we”, or “us”). This website located at www.merchdirect.com, its affiliate sites, subdomains, mobile versions, and any associated applications (collectively, the “Website”) is a service offered by MerchDirect. These Terms and Conditions of Use Agreement (“Terms of Use” or “Agreement”) describes the legally binding terms and conditions applicable to your access and use of the Website whether accessed via the internet, wirelessly or through any other method. You accept this Agreement by using the Website or accessing any content available on or through the Website, including software applications, designs, text, graphics, pictures, information, and other files and their selection, coordination and arrangement (the “Content”). If you are under the age of 18 (or older in some jurisdictions, if the age of Majority is older) and would like to view any Content or otherwise use the Website, your parent or guardian must accept this Agreement on your behalf. The use of “you” or “your” in this Agreement refers to either you as the actual person using the Website, or you as the parent or guardian of someone under the age of Majority using the Website.

MerchDirect reserves the right, at its sole discretion, to change this Agreement at any time by posting the revised Terms of Use on the Website. You are encouraged to review this Agreement periodically for any changes. You agree that your use of the Website after such changes will constitute your acceptance of such changes. Changes to this Agreement will not be applied retroactively. For your convenience, the date of last revision is included at the top of this page. MerchDirect may make changes to the Website and/or the services described on the Website at any time. You agree that MerchDirect shall not be liable to you for any delay or other damages that might result from any changes to the Terms of Use, if any. You understand that MerchDirect may, in its sole discretion, deny, restrict, suspend, or terminate your use of the Website for any reason or no reason with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile, account and/or other information and/or deny, restrict, suspend, or terminate your access to all or any part of the Website if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to the Website and/or its users. IF YOU DO NOT ACCEPT AND AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO VIEW OR OTHERWISE USE THE WEBSITE OR THE CONTENT.

TERM. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Website. You may terminate your account, if any, at any time, for any reason, by following the instructions on the Website. We may terminate your account, if any, at any time, for any or no reason, with or without prior notice or explanation, and without liability. Upon such termination, you must immediately discontinue use of the Website, and MerchDirect shall in no way be responsible to you for such termination. Even after your account is terminated, this Agreement will remain in effect.

PROPRIETARY RIGHTS. The Website and the Content are the sole and exclusive property of MerchDirect and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell, modify, republish, display, transmit or exploit for any purpose, in any form or by any means, in whole or in part, any portion of the Website or the Content other than as expressly authorized by MerchDirect in writing. You hereby acknowledge and agree that, as between MerchDirect and you, all right, title, and interest in and to the Website and the Content, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by MerchDirect. Use of the Website or the Content in any way not expressly permitted by this Agreement is prohibited, and may be actionable under United States or international law.

PERMITTED USES. So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by MerchDirect, MerchDirect grants you a limited license to access and use the Website and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use; provided, however, that you may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Website or the Content unless expressly authorized by MerchDirect in writing. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Content. Special terms may apply to some products or services offered on the Website and may be posted in connection with the applicable product, service, feature or activity. Any such terms are in addition to this Agreement and, in the event of a conflict, any such terms shall prevail. Except for your own User Content (as defined below), you may not upload or republish the Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited. Any use of the Website or the Content other than as specifically authorized herein, without the prior written permission of MerchDirect, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

ADDITIONAL RESTRICTIONS. You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of it. If MerchDirect makes software available to you for download, your download and use of such software shall be subject to a separate license agreement.

USER CONTENT. MerchDirect does not claim any ownership rights in any works of authorship, images, photos, sounds, musical works, video, files, documents, applications, or any other materials that you submit to the Website (“User Content”). After directly sending (“submitting”) your User Content to the Website, you continue to retain any ownership rights that you may have in your User Content, subject to the limited license below. By submitting any User Content on or through the Website, you hereby grant to MerchDirect a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Content on or through the Website, including without limitation distributing part or all of the Website in any media formats and through any media channels solely for the purposes set forth in these Terms of Use.

  1. The license you grant to MerchDirect is non-exclusive (meaning you are free to license User Content to anyone else), fully-paid and royalty-free (meaning that MerchDirect is not required to pay you for the use on the Website of the User Content that you post), sublicensable (so that MerchDirect is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Website’s services), perpetual and worldwide (because the Internet and the Website’s services are global in reach).
  2. You represent and warrant that: (i) you own the User Content submitted by you on or through the Website or otherwise have the right to grant the license set forth in this Section, and (ii) submission of User Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content submitted by you on or through the Website.
  3. The Website performs technical functions necessary to offer the services on the Website, including but not limited to transcoding and/or reformatting content to allow its use throughout the Website.
  4. MerchDirect may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of MerchDirect violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. MerchDirect assumes no responsibility for monitoring the Website for inappropriate User Content or conduct. If at any time MerchDirect chooses, in its sole discretion, to monitor the Website, MerchDirect nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content.
  5. You are solely responsible for the User Content that you submit to the Website.

PROHIBITED CONTENT/ACTIVITY. The following are examples of the kind of content that is illegal or prohibited to submit to the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Website and terminating the account of such violators. Prohibited content includes, but is not limited to, content that, in the sole discretion of MerchDirect:

  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner;
  4. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
  5. solicits personal information;
  6. publicly posts information that poses or creates a privacy or security risk to any person;
  7. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  8. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  12. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  13. involves commercial activities and/or sales without prior written consent from MerchDirect such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  14. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

The following are examples of the kind of activity that is illegal or prohibited on the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  2. advertising to, or solicitation of, any User, without the written consent of MerchDirect to buy or sell any products or services through the unauthorized or impermissible use of the Website;
  3. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Website;
  4. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  5. covering or obscuring the banner advertisements on any page on the Website via HTML/CSS or any other means;
  6. any automated use of the system, such as, but not limited to, using scripts to submit information or send comments or messages;
  7. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
  8. impersonating or attempting to impersonate another user, person or entity;
  9. using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
  10. selling or otherwise transferring your account;
  11. using any information obtained from the Website in order to harass, abuse, or harm another person or entity, or attempting to do the same;
  12. accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Website on behalf of that person; or
  13. using the Website in a manner inconsistent with any and all applicable laws and regulations.

COMMUNICATIONS WITH THIRD PARTIES. Your dealings or communications through the Website with any party other than MerchDirect are solely between you and that third party. We reserve the right, although we have no obligation, to monitor disputes between you and other users and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including termination of the account of one or more users. Notwithstanding the foregoing, under no circumstances will MerchDirect be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.

ELIGIBILITY. By using the Website, you represent and warrant that (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration information you submit, if any, is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are a natural person of the age of Majority or older, or otherwise have the express consent of your parents or legal guardians to use the Website; and (e) your use of the Website does not violate any applicable law or regulation. Use of the Website is void where prohibited.

LINKS TO OTHER SITES. The Website may contain links to websites operated by other parties. MerchDirect provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of MerchDirect, and MerchDirect is not responsible for the content available on the other sites. Such links do not imply MerchDirect’s endorsement of information or material on any other site and MerchDirect disclaims all liability with regard to your access to and use of such linked websites.

LINKS TO THIS WEBSITE. You may not link to any page of the Website, other than the Website homepage. If you link to the Website homepage, you must adhere to MerchDirect’s linking policy as follows: (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with MerchDirect’s names and trademarks, (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with MerchDirect, (c) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking website, and (d) MerchDirect reserves the right to revoke its consent to the link at any time and in its sole discretion.

TRADEMARKS. Unauthorized use of any MerchDirect trademark, service mark or logo are prohibited, and may be a violation of federal and state trademark laws.

DISCLAIMERS AND LIMITATION OF LIABILITY. THE WEBSITE, ALL CONTENT ON THE WEBSITE, AND ANY GOODS OFFERED OR SOLD THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MERCHDIRECT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.

MERCHDIRECT MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF USER COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. WE ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER EQUIPMENT BELONGING TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE WEBSITE, VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE WEBSITE.

WE ARE NOT RESPONSIBLE FOR ANY USER CONTENT OR ANY OTHER THIRD PARTY CONTENT SUBMITTED TO THE WEBSITE, WHETHER MADE OR CAUSED BY USERS OF THE WEBSITE OR BY ANY OF THE SOFTWARE, EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE OPERATION OF THE WEBSITE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE WEBSITE, ANY CONTENT SUBMITTED TO THE WEBSITE OR TRANSMITTED TO USERS OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERCHDIRECT DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, THE CONTENT, OR THE GOODS OFFERED OR SOLD THROUGH THE WEBSITE, EVEN IF MERCHDIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, MERCHDIRECT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE GOODS OFFERED OR SOLD THROUGH THE WEBSITE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO MERCHDIRECT DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE.

EXCLUSIONS AND LIMITATIONS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

INDEMNITY. You agree to indemnify, defend and hold MerchDirect, its subsidiaries, and affiliates, and their respective officers, directors, members, managers, agents, representatives, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, related to or arising out of your use of the Website (including the submission by you of any User Content), breach of this Agreement, and or violation of any law or the rights of a third party.

COPYRIGHT. The Website is protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without MerchDirect’s express prior written permission.

MerchDirect has a policy of responding to notices of alleged infringement on the Website that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If MerchDirect removes material to comply with the DMCA (“Removed Content”), we will attempt to contact the provider of such Removed Content to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any users and/or block access to the Website of any users who repeatedly infringe the copyrights of others.

Digital Millennium Copyright Act (DMCA) - Infringement Notification

To file a notice of infringement, you must provide us with a written notice that includes each of the following items:

  • Detailed identification of the copyrighted work that you believe has been infringed.
  • Detailed identification of the material you claim infringes this copyrighted work.
  • Information reasonably sufficient to permit us to contact you (e-mail address is preferred).
  • The statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • Your signature

Send the Infringement Notification to the following address:

By email:

By mail:

  • MerchDirect
  • 54 Drexel Dr.
  • Bay Shore, NY 11706
Digital Millennium Copyright Act (DMCA) - Counter Notification

The provider of Removed Content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the Removed Content. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.

To file a counter notification, you must provide us with a written notice that includes each of the following items:

  • Detailed identification of the material MerchDirect has removed.
  • Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  • The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  • Your signature.

Send the Counter Notification to the following address:

By email:

By mail:

  • MerchDirect
  • 54 Drexel Dr.
  • Bay Shore, NY 11706

Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the Website is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Digital Millennium Copyright Act (DMCA) - Counter Notification.”

If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item of content or other materials on the Website infringes upon your rights in such intellectually property, you must submit a notification to us in the same manner as provided above in respect of notice of alleged copyright infringement, including providing the same information in writing to the designated Copyright Agent set forth above.

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

LOCATION. The Website is operated by MerchDirect from its offices in the United States. Those who choose to access the Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

CHILDREN. The Website is not directed toward children under 13 years of age nor does MerchDirect knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to MerchDirect.

PRIVACY POLICY. By agreeing to these Terms of Use, you acknowledge that MerchDirect may collect, use and disclose information about you as described in MerchDirect’s Privacy Policy.

ACCOUNT PASSWORD AND SECURITY. The Website may contain some features that require registration. If asked to register for additional access, you may select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify MerchDirect of any unauthorized use of your password or account or any other breach of security. MerchDirect reserves the right to decline its services to you for any reason and without explanation based upon its findings in validating your registration. MerchDirect cannot and will not be liable for any loss or damage arising from your failure to comply with the terms of this paragraph.

DISCLOSURE OF PERSONAL AND FINANCIAL INFORMATION. Without limitation of any of the rights granted to MerchDirect herein, you acknowledge and agree that MerchDirect may preserve and disclose information about you, your account and transactions made through the Website if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce MerchDirect’s rights; or (c) protect the rights, property, or safety of MerchDirect, any individual or the public. You consent to being contacted by MerchDirect for purposes of seeking feedback to ensure and evaluate the quality of its services.

CHOICE OF LAW/FORUM. This Agreement shall be governed by, and will be construed under, the laws of the State of New York, without regard to choice of law principles. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in the County of New York, in the State of New York, to settle any dispute which may arise out of, under, or in connection with this Agreement. YOU AGREE THAT NO CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE MAY BE BROUGHT AS A CLASS ACTION.

FORCE MAJEURE. MerchDirect shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of MerchDirect, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond MerchDirect’s control such as acts of God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.

MISCELLANEOUS. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other user of the Website. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. MerchDirect’s failure to act with respect to any failure by you or others to comply with this Agreement does not waive MerchDirect’s right to act with respect to subsequent or similar failures. This Agreement, together with our Privacy Policy, sets forth the entire understanding and agreement between you and MerchDirect with respect to the subject matter hereof; provided, however, that it shall be read in conjunction with any MerchDirect user agreement(s) entered into by you. Any cause of action or claim you may have with respect to this Agreement or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of MerchDirect, and any assignment or transfer in violation of this provision shall be null and void. MerchDirect reserves the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.

CONTACT. Please direct any questions you may have about the Website or this Agreement here: http://help.merchdirect.com/customer/portal/emails/new. You can also write us at:

  • MerchDirect
  • 54 Drexel Dr.
  • Bay Shore, NY 11706
  •  

    TERMS OF SALE

    Last Updated on June 21, 2017

    The shopping cart and checkout pages (the “Store”) located on this website (the “Website”) and the Store functionality and transaction processing services are services offered by MerchDirect LLC (“MerchDirect,” “we” or “our”). Your access to and use of the Store, including, without limitation, your purchase of any goods or services through the Store and all transactions facilitated by MerchDirect through the Store, are subject to these Terms of Sale and the Terms and Conditions of Use Agreement applicable to this Website.

    You accept these Terms of Sale by using the Store or accessing any content available on or through the Store. MerchDirect reserves the right to change these Terms of Sale at any time in its sole discretion. Customers are encouraged to review these terms periodically for any changes.

    We do not collect personal information on anyone younger than 13 years old. Therefore, you must be 13 years of age or older to make any purchase from the Store. If you are at least 13 years of age but under the age of 18 (or older in some jurisdictions, if the age of Majority is older) and you would like to make a purchase from the Store or otherwise use the Store, you may do so only with the involvement of your parent or guardian who must accept these Terms of Sale on your behalf.

    The use of “you” or “your” in these Terms of Sale refers to either (a) you as the actual person using the Store and making purchases, or (b) you as the parent or guardian of someone under the age of Majority, but at least 13 years old, who is using the Store, where you are making any purchases for that person who is using the Store.

    Contacting Customer Service

    If you have questions about how the Store works or you have any other questions, you may be able to find an answer right away by visiting http://help.merchdirect.com. Alternatively, you can contact Customer Service for assistance by e-mail at http://help.merchdirect.com/customer/portal/emails/new.

    We will respond to customer e-mail inquiries in the order they are received. You may be referred to an affiliate or other third party for purposes of customer support.

    How to Pay

    MerchDirect accepts MasterCard, Visa and American Express credit cards. Your credit card will be charged when your order is placed. We may require the credit card security code in order to process your purchases to protect against fraud. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express) or near your signature on the back of your card (if MasterCard or Visa).

    Security

    MerchDirect is very sensitive to your concerns regarding the security of using your credit cards to purchase products over the Internet. Safeguarding your privacy and confidentiality is of the utmost importance to us. The Store uses Secure Sockets Layer (SSL) for financial transactions, which encrypts your data while it is being transferred over the Internet.

    Sales Tax

    In addition to the price of your purchases, MerchDirect will charge you sales tax in states in which MerchDirect is required to do so. The amount of sales tax (if any) will be calculated on taxable product and displayed during the checkout process before you confirm your purchase. It also will be included on your order confirmation.

    Order Confirmation

    Shortly after you complete your order, you should receive an order confirmation by e-mail, which will include your order confirmation number, your total order price (including any applicable sales tax and shipping and handling charges) and, if applicable, estimated shipment and arrival dates. If for some reason you do not receive an order confirmation, please contact us by clicking here http://help.merchdirect.com. Please save your order confirmation number and refer to it if you need to contact Customer Service.

    Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to limit the quantity of products in any order and/or reject any order in its entirety for any reason.

    Processing an Order

    The estimated shipment date on your order confirmation is based on product availability, payment processing time and warehouse processing time. The estimated shipment date does not include transit time. Upon shipment of your order, you should receive a shipment notification by e-mail and, if available, tracking information.

    We will attempt to notify you by e-mail if any item cannot be shipped by the estimated ship date included in your order confirmation and you will be given the option to cancel your order and receive a full refund. We will begin processing orders received over the weekend or on holidays on the following business day.

    How to Change Your Order

    We will make every effort to process your order quickly. If you find that you have made an incorrect order for physical products, please notify us immediately by clicking here http://help.merchdirect.com. If your order has not yet been shipped, we may be able to change it for you. However, if we are unable to do so, you may wish to refer below to our Returns Policy.

    Digital Downloads – Certain Additional Terms

    When you buy a song, an album, a video or other product by digital download, you are entitled to download it once. If you want to download it again, you must purchase it again.

    Tickets – Certain Additional Terms

    Each ticket that you purchase from the Store is a revocable license to attend a particular event and is subject to these terms as well as any specific terms and conditions applicable to the particular event that is listed on the ticket, and specific event/ticket restrictions noted herein. Tickets for events are typically sold through a variety of locations in addition to the Store. Typically each distribution point accesses the same ticket inventory and system, however it is possible that a venue may have several distribution points, including online, and that some distribution points (such as the venue itself) may have access to different tickets. There are typically limits on the number of tickets that you may purchase for any event. Please remember that tickets for popular events often sell out quickly, but that on occasion additional tickets may be put on sale for events that were once listed as sold out. MerchDirect does not control ticket inventory or availability. Ticket purchases must be paid in full at the time of purchase, unless otherwise provided, and are nonrefundable. Unless otherwise stated as part of the purchase, any tickets purchased through the Store are typically subject to a per-ticket convenience charge and a non-refundable per order processing and/or delivery fee. Depending on the venue, the ticketing company and your delivery choice, delivery charges may also apply. Tickets will be available online, mailed to you, or available to be picked up at the venue box office, as indicated at the time of purchase. Certain events may have restricted delivery options. Shipping information, if any, is provided at checkout. MerchDirect reserves the right to refuse to complete a transaction, refuse service, and/or cancel an order for reasons such as suspected credit card fraud, violation of terms, ticket limits, or any other reason. Orders are processed only after a billing address, and/or other billing information, has been verified. If we receive incorrect billing or credit card account information for a ticket order, there may be a delay in processing and delivery. In such event, we will attempt to contact you using the information provided at the time of purchase. If we are unable to reach you after its initial attempt, we may cancel your order and release your tickets without further notice or attempted notice to you. Information sent to the email address you provide may be deemed to be delivered to you, regardless whether you check your email, provide an incorrect address, or if the message is marked as “spam.” Please review your tickets carefully, including date and location of the event and your seat selection, before completing your transaction. Keep your tickets in a safe place, as tickets cannot be exchanged or refunded even if lost, stolen, damaged or destroyed. Events are subject to cancellation or postponement for a variety of reasons. If an event is cancelled or rescheduled, we will try to contact you to let you know about the refund or exchange procedures for that event. If an opening act or guest artist is changed or cancelled, the event is not considered cancelled and you will not be entitled to a refund or exchange. In the event you are entitled to a refund and you have requested a refund, MerchDirect will automatically issue you a refund to the credit card you used to purchase the ticket. If you are unable to attend a rescheduled event, please contact us by clicking here: http://help.merchdirect.com/customer/portal/emails/new.

    You should ensure that your computer meets the minimum technical requirements set forth in the FAQs available at http://help.merchdirect.com. You may be required to install third party software to access some or all of the products or services available from the Store. You are responsible for ensuring that the software functions correctly with the relevant product or service. Additional terms and conditions provided by the software supplier may apply to your use of the software.

    Shipping Policy

    When you place an order, shipping costs and estimated shipping and arrival dates are displayed prior to final confirmation of your order. Shipping dates and shipping costs will depend upon a variety of factors, including the particular product(s) ordered, the availability of the product(s), and the shipping method and option you choose. You will receive a shipment notification e-mail for each order with tracking information, if available. MerchDirect is not responsible for failure of delivery or any losses incurred as a result of your failure to provide an accurate address.

    If you have specific questions about our shipping policy, please contact us by clicking here http://help.merchdirect.com/customer/portal/emails/new.

    Advance Orders

    Advanced pre-release ordering may be available for select products. These products have an “Advance Order” or “Pre-Order” icon or are otherwise identified as products available for pre-release ordering. These products will not be delivered before the release date specified. Advance order release dates are subject to change without notice. Occasionally, certain products offered on a pre-order basis may not be available before or after you place your order due to unforeseen circumstances. In such event, you will be given a full refund for any such pre-ordered product.

    Promotional E-mail

    We may contact you from time to time by e-mail with information about artists and new products and services that we think may interest you. Our Privacy Policy includes details about how we may share and use information about you within MerchDirect and with artists and management. If you do not want to receive promotional e-mail about new products and services from MerchDirect or artists and management, then you should check the box that reads “If you prefer not to receive promotional e-mails from us or our affiliates or artists, then please check here” (or similar language), when we first request your e-mail address at the time of purchase. If for some reason you forget to do this, you can request that we remove you from our e-mail list at any time by contacting us using this link: http://help.merchdirect.com/customer/portal/emails/new.

    Returns Policy

    General Policy

    If you are not satisfied with your purchase of physical goods, items may be returned with their original packaging and in their original condition for refund or exchange within 30 days of receipt by following the Returns and Exchange Instructions below. Apparel items must be unworn with their tags intact. CDs, DVDs, vinyl records and other music products must be unopened and still in their plastic wrap. Certain other product-specific restrictions may apply, which will be displayed prior to completion of your order of the applicable product.

    Unless you are returning Defective Items, original shipping and handling charges are not refundable and you will be responsible for all costs associated with return shipment. Please read our entire Returns Policy and Returns and Exchange Instructions below for further details and policy exceptions.

    Defective Items

    If you have received damaged, defective or incorrectly shipped merchandise, please return the product within 30 days of receipt and otherwise follow the Returns and Exchange Instructions below. We will gladly replace the merchandise without additional charge or, at our option, provide you with a full refund.

    Gifts

    If your order is a gift order and the gift recipient wishes to return or exchange any physical goods, the gift recipient may return the items with their original packaging and in their original condition within 30 days of receipt from MerchDirect by following the Returns and Exchange Instructions below. Apparel items must be unworn with their original tags intact. CDs, DVDs, vinyl records and other music products must be unopened and still in their plastic wrap. Certain other product-specific restrictions may apply, which will be displayed prior to completion of the purchaser’s order of the applicable product.

    Unless you are returning Defective Items, upon our receipt of the returned product, we will credit the credit card account originally charged for the cost of the item returned and any associated sales tax, but original shipping and handling charges are not refundable. The sender will be responsible for the return shipping costs.

    Certain Non-Returnable Products

    All sales of digital products are final. MerchDirect does not permit the return of or offer refunds for digital downloads or other digital products. If you experience technical problems accessing a download, you may be able to resolve your problem right away by visiting http://help.merchdirect.com. If you are still having an issue, we are happy to help you troubleshoot the problem. Please contact us by clicking on http://help.merchdirect.com/customer/portal/emails/new.

    All sales of print-on-demand products and other customized products are final. Unless you have received Defective Items, MerchDirect does not permit the return of or offer refunds for these products.

    All sales of tickets are final. Unless otherwise provided herein, MerchDirect does not permit the return of or offer refunds for tickets.

    Please note that some products may have special returns policies with product-specific terms, including items purchased from third-parties through the Store. All such additional or different product-specific terms will be displayed prior to completion of your order for the applicable product(s).

    Returns and Exchange Instructions

    We do not accept exchanges. If you would like to return an item, please go here to submit a support request: http://help.merchdirect.com/customer/portal/emails/new. Be sure to include your order number, what item you would like to return, and the reason for the return. Your return will be processed within 1 week of arrival to Merch Direct. Please feel free to contact us with your order number to know the status of your return.

    All items must be returned within 14 days for domestic orders, and 30 days for international orders. Returns must be in a re-salable condition (unwashed, unworn, and odor-free). All sales are final for underwear, socks, CDs, DVDs, vinyl and all other shrink-wrapped items unless otherwise noted.

    Returns may be sent to:

    • MerchDirect
    • 54 Drexel Dr.
    • Bay Shore, NY 11706

    Please note that you will be responsible for the loss or damage in transit of any products you return. MerchDirect therefore recommends that for all returns you (a) use a mail service or other carrier that offers tracking and (b) insure your package and declare the full value of the shipment in the case of loss or damage in transit.

    Please note that we ask that the customer cover the cost of the return.

    No COD returns will be accepted.

    Product and Service Descriptions and Availability, Errors

    MerchDirect and its suppliers continually upgrade and revise its products and services to provide you with new products and services. MerchDirect may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. MerchDirect shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, MerchDirect reserves the right to substitute items of equal or greater value when an item or service is unavailable or MerchDirect may cancel the order.

    We attempt to be as accurate as possible and eliminate errors on the Website, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit, with a value at least equal to the amount charged to your credit card. MerchDirect reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above. To request a refund, please contact us by clicking on http://help.merchdirect.com/customer/portal/emails/new.

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