MOTCHIRI. PROVIDES THIS SITE TO YOU AND ANY OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (collectively “You”), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN MOTCHIRI AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS SITE; (b) USING THE SITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

All material, content and information including but not limited to technical, contractual, product, program, pricing, marketing, and other valuable information, and data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Material”) on the Site shall be and remain the property of MOTCHIRI or its respective owners. MOTCHIRI may amend these Terms at any time by posting the amended terms on this Site.

You agree that You are solely responsible for any Material posted or submitted by You. You represent and warrant that You own or otherwise control all of the rights to Material submitted by You and that no use of such Material by MOTCHIRI will infringe or violate any rights of any third party. You agree to defend, indemnify, and hold MOTCHIRI and its affiliated, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers and contractors (collectively the “Affiliates”) harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and legal costs) arising from or in connection with any Material posted or submitted by You. MOTCHIRI reserves the right, at any time and in its sole discretion, to delete, move or edit any Material posted or submitted by You.

-All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered by You to MOTCHIRI on this Site or otherwise disclosed, submitted or offered in connection with Your use of this Site (collectively “Comments”) shall be and remain MOTCHIRI’s property. Any such disclosure or submission of Comments shall constitute an assignment to MOTCHIRI of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. MOTCHIRI will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. MOTCHIRI is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay any compensation for Comments; or (3) to respond to any Comments.

-The MOTCHIRI products displayed on this Site may be available through this Site or at the MOTCHIRI retail store in the United States of America. However, MOTCHIRI cannot guarantee that the products appearing on this Site will be available through this Site or at the authorized MOTCHIRI retailer; availability and selection are subject to supply. All product descriptions, specifications, colors, and prices are subject to change by MOTCHIRI at any time without notice. Prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. The particular technical specifications and settings of Your computer and its display could affect the accuracy of its display of the colors of products offered herein.

Products offered for sale on this Site are for Your personal use only, not for re-sale. MOTCHIRI reserves the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe would violate any of these Terms, MOTCHIRI business practices, applicable laws or policies.

Please email us at [email protected] you need assistance with ordering products on this Site.

-You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Materials or the Site, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.

“MOTCHIRI Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations MOTCHIRI uses in connection with its products and services, including but not limited to MOTCHIRI. You may not remove or alter any MOTCHIRI Trademarks, or use the MOTCHIRI Trademarks, without MOTCHIRI’s prior written consent. You acknowledge MOTCHIRI’s rights in MOTCHIRI Trademarks and agree that any use of MOTCHIRI Trademarks by You shall inure to MOTCHIRI’s sole benefit.

-THIS SITE AND ITS MATERIAL ARE PROVIDED “AS IS” FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS MATERIAL ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MOTCHIRI DOES NOT WARRANT OR GUARANTEE THAT ALL MATERIAL IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS MATERIAL AND PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL MATERIAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND MOTCHIRI SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND THE PRODUCTS, SERVICES AND MATERIAL AVAILABLE FROM THIS SITE. YOUR USE OF THIS SITE AND ITS MATERIAL IS ENTIRELY AT YOUR OWN RISK.

-IN NO EVENT SHALL MOTCHIRI BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER OR NOT MOTCHIRI.COM OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, EXCEPT WHERE PROHIBITED BY LAW.

-You agree to defend, indemnify and hold MOTCHIRI harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) arising from or in connection with Your use or misuse of this Site and the Material or Your violation of any provision of these Terms.

INTERNATIONAL USE

MOTCHIRI makes no representation or warranty that this Site and its Material are appropriate or available for use in locations outside the United States. Accessing this Site or the Material from territories in which this Site or the Material is illegal is prohibited. You agree that if You choose to access this Site or Material from any locations outside the United States, you do so on Your own initiative and are solely responsible for compliance with local laws.

CONSENT TO PRIVACY POLICY

You consent to the collection, processing and storage by MOTCHIRI of Your personal information in accordance with the terms of MOTCHIRI’s Privacy Policy. You agree to comply with all applicable laws and regulations, and the terms of MOTCHIRI’s Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with this Site.

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