Last Updated: March 19, 2018
Welcome to our website (moonstonecomfort.com).
Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Marketfleet reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Marketfleet may have.
Unless otherwise indicated, all material on this site is ©Copyright 2018 Marketfleet, Inc., 825 Main Street, Chico, CA 95927. All Rights Reserved.
Material on this site may be subject to one or more U.S. Patents used under license from Marketfleet Puerto Rico, Inc., or Marketfleet Innovations LLC. All rights reserved.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health-related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
When you use the Site, 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 the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
REVIEWS AND COMMENTS
Marketfleet is pleased to hear from its customers; however, and except as otherwise provided elsewhere in this Agreement or on the Site, anything that you disclose, offer to us, submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property, and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE Marketfleet from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website, you hereby grant Marketfleet, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded Communications have been waived.
INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT
Marketfleet does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.
When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:
- You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
- You will not upload viruses or harmful components.
- You will not use the website to further any illegal purpose or to violate the rights of any party.
- You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
PRODUCTS, SERVICES, AND SOFTWARE: INTELLECTUAL PROPERTY
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Marketfleet, Inc., or its affiliates.
Downloading software, code, images, files, and others, from this website does not give you title to such downloaded items, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by Marketfleet or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.
The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Marketfleet, Inc. or its affiliates. All software used on this Site (the "Software") is the property of Marketfleet, Inc., its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and International Copyright laws. Marketfleet, MarketFleet and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Marketfleet, Inc., its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. See our Procedure for Copyright Infringement Claims.
Despite any representations concerning privacy, Marketfleet reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale. We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.
TERMS OF SALE: PRICING
All prices on this website are listed in U.S. Dollars. Where products are offered for sale, prices do not include shipping or handling, which shall be charged on all orders as applicable and will be indicated at the time of your order. Sales tax is estimated at the time the product is purchased.
In the event a product is listed at an incorrect price due to typographical or other error in pricing, we have the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.
TERMS OF SALE: RETURNS
Unused items purchased from any of Marketfleet’s website, may be returned in their original condition within 30 days of delivery for a full merchandise refund, not including shipping charges.
To request a Return Authorization, please contact our customer service team at 877-528-3269, or at firstname.lastname@example.org, Mondays through Fridays from 8:30 am to 5:00 pm CST. All returns require a Return Authorization.
Except in cases where the return is the result of an error by Marketfleet or the item arrives damaged or defective, original shipping charges are non-refundable, and you are responsible for all return shipping costs. Marketfleet will not be liable for returns that are lost in transit or returned to the incorrect address; please retain your return tracking information.
Any amount to be refunded, will be reduced, or not available when:
- Orders/Items are refused upon delivery
- Returns are made without authorization
- Returns are made past the 30-day return window
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
DISCLAIMER AND LIMITATION OF LIABILITY EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
NO REPRESENTATIONS OR WARRANTIES
Marketfleet makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Marketfleet’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD MARKETFLEET HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.
The pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED "AS IS." MARKETFLEET DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
Under no circumstances, including negligence, shall Marketfleet be liable for any special, incidental or consequential damages or lost profits that result from the distribution or use of, or the inability to use, the content or materials on this website, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation may not apply to you. In no event shall Marketfleet’s have total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this website.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse, or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain hyperlinks (“links) to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF NEW JERSEY.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
Marketfleet controls and manages this website from its facilities in the State of California in the United States of America, and the Commonwealth of Puerto Rico. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF NEW JERSEY.
TRADEMARKS AND COPYRIGHTS
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Marketfleet or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners.
Except as otherwise noted, Marketfleet is the owner of all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America (or other applicable jurisdictions).
SECURITIES AND INVESTMENT
This website and the information contained or referred to herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
This website may contain information, and press releases about, and by Marketfleet. While information prepared by us was believed to be accurate as of the date so prepared, we disclaim any duty or obligation to update such information or to verify the accuracy of information prepared by others. Any statements in this site that are not historical facts, including but not limited to plans, projections, objectives, goals, strategies, future events or performance and underlying assumptions, are forward-looking statements as provided in the rules and regulations of the Securities Act of 1933, Securities Exchange Act of 1934, and the Private Securities Litigation Reform Act of 1995. Such statements are intended to fit within the 'safe harbor' for forward-looking information and are subject to material risk factors which may or may not be disclosed herein. Statements or phrases that use such words as "believes," "anticipates," "plans," "may," "hopes," "can," "will," "expects," "estimates," "predicts," "is designed to," "with the intent," "potential," and similar expressions commonly indicate forward-looking statements, but in their absence, do not mean that a statement is not forward-looking. Any forward-looking statements contained herein involve risks and uncertainties, including but not limited to general economic and currency conditions, various conditions specific to Marketfleet’s business and industry, market demand, competitive factors, supply constraints, technology factors, government and regulatory actions, Marketfleet’s accounting policies, future trends, and other risks which are detailed in any of Marketfleet’s regulatory filings, as applicable.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
1225 Ponce de Leon Ave., Suite PH#5-726,
San Juan PR 00907
PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
To be effective, the notification must be addressed to the following: Notification must be submitted to the following Designated Agent: Marketfleet Puerto Rico, Inc. Name of Agent Designated to Receive Notification of Claimed Infringement: General Counsel Full Address of Designated Agent to Which Notification Should Be Sent: 1225 Ponce de Leon Ave., Suite PH#5-726, San Juan PR 00907 Telephone Number of Designated Agent: (877) 528-3269 E-mail Address of Designated Agent: email@example.com
Additionally, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.