Welcome to the MCXI, LLC Site (the “Site”).
PLEASE REVIEW THIS USER AGREEMENT CAREFULLY. The following terms govern your use of the Site.
The Site is owned and operated by MCXI, LLC, (“MCXI” or “us” or “we”). This User Agreement (the “User Agreement”) is a contract between you and MCXI and applies to all users of the Site. In this User Agreement “you” or “your” means any person or entity using the Site, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”), “you” or “your” shall also include such person’s parent or legal guardian. Unless otherwise stated, “MCXI”, “Gator Capers”, “we” or “our” refers to MCXI, LLC and its successors and assigns.
Users of any age may access the Site, but in compliance with the Children’s Online Privacy Protection Act, we will purge any information we receive from people we believe to be children less than 13 years of age from our database and cancel the corresponding accounts unless we have permission from that user’s parent or guardian approving the collection of that user’s information and such user’s registration on the Site where registration is required. If you register on the Site, you represent and certify that you have the legal capacity and authority to do so, and that your registration and use of the Site will not violate any law or regulation.
READ THIS USER AGREEMENT CAREFULLY. IF YOU ARE UNDER 18 YEARS OF AGE, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS USER AGREEMENT ON YOUR BEHALF. YOU, AND IF APPLICABLE, YOUR PARENTS, AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BY USING THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SITE AND SHOULD EXIT THE SITE NOW.
We may amend or supplement this User Agreement at any time and for any reason. Please check this User Agreement each time you access and use the Site so that you will understand the terms applicable to your access and use of the Site. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on our Site. By continuing to use the Site after we have posted modifications or amendments to the User Agreement, you consent to such amendments and/or modifications. If you do not consent to any such modifications or amendments, you may not continue to access or use the Site.
Any other posted guidelines or rules applicable to any individual use of the Site will also form part of this User Agreement, and by using the Site you agree to abide by all such other guidelines and rules.
When you purchase a Gator Capers subscription or a product through the Site, we will bill the credit card or other payment method that you have provided (your “Payment Method”). Your Payment Method will be billed in advance of the date your monthly package or product ships in order for us to process the shipment.
We offer auto-renewing twelve-month subscriptions (“Subscriptions”) and one-off product sales (“Product Sales”). We may, at our discretion, change the subscription term, or the Products and Services available for sale, with or without intimating you beforehand.
Subscriptions will continue until the subscription is fulfilled or you elect to cancel your subscription. We will bill your Payment Method each month in advance for the following month. You may elect to cancel your Subscription by emailing our Customer Care Team at firstname.lastname@example.org. Cancellation must occur by the 20th of the month if you do not wish to receive the following month’s shipment.
Since these are auto-renewing Subscriptions, they will continue for the initial term and then will automatically renew for successive periods generally equal to the initial term of the subscription. Each auto-renewing Subscription will renew at the subscription rate in effect at the time of renewal. You may not cancel an auto-renewing Subscription prior to the end of the subscriptions’ then current initial or renewal term. However you may cancel the auto-renewal feature of the subscription by emailing our Customer Care Team at email@example.com. To be effective with respect to a renewal, your cancellation of the auto-renewal feature must take place no later than the 20th of the month prior to the first month of the scheduled renewal term. You are responsible for all renewal charges incurred unless you cancel the auto-renewal feature by the 20th of the month prior to the first month of the scheduled renewal term.
In order to continue your Subscription, renew your auto-renewing Subscription or complete a Product Sale, you authorize us to charge your Payment Method for the payment due. This will continue until you notify us that your Payment Method account is no longer valid.
At this time, MCXI does not accept returns of its monthly packages or products. However, if a package or product you received was damaged or incomplete, please email or call our Customer Care Team for resolution. Resolution may include shipping a replacement package, extending your subscription, or similar corrective actions, which will be at the discretion of MCXI management.
LINKS TO OTHER SITES
The Site may include links to other Sites that are owned and/or operated by MCXI. Such sites are not part of the Site, and each may have its own user agreement that you must agree to in order to use that Site.
The Site may also include links to Sites of unaffiliated third parties. Third-party sites are not the responsibility of MCXI and we do not warrant or guarantee the accuracy, quality or appropriateness of any such Site or any content contained on such Site. Each third party Site is governed by its own policies and agreements, including policies regarding the collection and use of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our other Sites or any third party Sites to whom we provide links. MCXI takes no responsibility for your use of any such site and shall not have any liability for events arising from your use of such third party or other Sites. MCXI ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE SITE, INCLUDING ANY MATERIAL THAT MAY BE ACCESSED THROUGH LINKS FROM THE SITE.
You acknowledge and agree that all communications and documents between you and MCXI with respect to your use of the Site may take place electronically and that all such electronic notices, agreements, and other communications from MCXI shall be the legal equivalent of written communications. It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to our customers or web site users, via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on the Site, as we may determine in our sole discretion. Notwithstanding the foregoing, we reserve the right to determine the form and means of providing notifications and communications to our customers or Site users.
OWNERSHIP OF INTELLECTUAL PROPERTY
All products, services, content, information displayed, performed or otherwise accessible through the Site, including, without limitation, user submitted materials, digital images, software including all derivative works, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “MCXI Materials”) are the intellectual property of MCXI, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, “Licensors”), and are protected by the copyright, trademark, patent, and other intellectual property laws of the United States and other jurisdictions as may be applicable. Without limiting the generality of any other provisions of this User Agreement, the use of any MCXI Materials on any other Site or networked computer environment is prohibited.
This User Agreement grants to you a limited license to access and use the Site and its content for your personal, non-commercial use so long as any display of any MCXI Material shall be in their entirety including any adjoining or embedded advertisements or other visual elements. Any attempts to otherwise access or display the MCXI Materials is a violation of the license granted hereunder. Except as expressly provided herein, you agree that no portion of the Site may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any purpose, and nothing contained in this User Agreement shall be deemed or construed to confer any other right in or title to the Site and/or the MCXI Materials, in whole or in part. You may not make any modifications to any MCXI Materials other than as expressly permitted by us or the applicable Licensor.
Notwithstanding the above, you are responsible for all User Content posted by you, and MCXI does not and shall not have any responsibility for any User Content. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide through the Site or otherwise to us. MCXI does not and cannot review every submission by users and is not responsible for, nor does it endorse or guarantee the accuracy and appropriateness of the content of such submissions. MCXI retains the right, but has no obligation, to review, edit or delete any User Content that MCXI deems to be illegal, offensive, or otherwise inappropriate.
CONTESTS AND PROMOTIONS
From time to time, we may run contests or promotions from the Site. We will provide the rules for any such contests and promotions when they are made available on the Site. In order to participate in the contest or promotion, you will be required to agree to the posted rules and regulations applicable to such contest or promotion.
RESTRICTIONS ON USE
We provide the Site to you and intend the Site to be used in a safe and enjoyable manner. You are responsible for the content of any material you enter on the Site. Users of the Site must not: use the Site in such a way as to offend or interfere with the use by anyone else of the Site; sell, trade or barter any items through the Site; upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the Site that (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy; reveal personal information to other users online; attempt to circumvent the security systems of the Site; attempt to gain access to or use the Site in a fraudulent manner; attempt to gain access to any other user’s Accounts; attempt to ascertain any other user’s password and/or personal information by any means whatsoever, including without limitation, by use of the Site or any other Site, or by e-mail communication; attempt to harvest or otherwise collect information about other users without their consent; attempt to use the Site for any purposes other than the purposes intended by MCXI; or upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
Moreover, you agree that you will not (i) download or copy any Site pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of the Site for your own personal, non-commercial use; (ii) download or copy Site information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Site or the MCXI Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of the Site or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Site and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of MCXI or its licensors; (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of MCXI or its licensors; (ix) redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render any code related to or used in the Site to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
MCXI believes in preventing and deterring unauthorized infringement of copyrighted materials. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Site, please notify our copyright agent as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Site;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
MCXI, LLC (Re: Gator Capers)
2245 Copperfield Dr, Cumming GA 30041
YOU UNDERSTAND AND AGREE THAT THE SITE AND THE MCXI MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT WE DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY OF THE SITE OR ANY MATERIAL OR CONTENT, OR FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, AUTHENTICITY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH MCXI’S CUSTOMER SERVICE DEPARTMENT OR AN MCXI REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
WE MAKE NO WARRANTY THAT (I) THE SITE AND/OR THE MCXI MATERIALS WILL MEET YOUR REQUIREMENTS, (II) THE SITE AND THE MCXI MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE QUALITY OF ANY PRODUCTS, THE SITE OR THE MCXI MATERIALS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE SOFTWARE UNDERLYING THE SITE AND THE MCXI MATERIALS OR IN THE SITE OR THE MCXI MATERIALS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND/OR THE MCXI MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
OF ANY SUCH MATERIAL.
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.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE LICENSORS BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY OF THE MCXI MATERIALS OR LINKED CONTENT, EVEN IF THE LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, MCXI IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED US $100.00.
By accepting this User Agreement and using the Site, you agree to indemnify and otherwise hold harmless the Licensors, including but not limited to MCXI, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from
- your use of the Site and/or the MCXI Materials;
- unauthorized access to or alteration of your communications with or through the Site and/or the MCXI Materials, or
- any other matter relating to the Site and/or the MCXI Materials.
Any business transactions which may arise between users from their use of the Site and/or the MCXI Materials are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.
The Site is offered by MCXI from the United States of America. We make no representations that the Site is appropriate or available for use in other countries. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Effective Date: September 27, 2017.