From Foundation to Finish

Terms of Use

TERMS OF USE

Welcome to the website www.meeks.com (collectively, the “Site”) for Meek’s, its subsidiaries, affiliates, officers, directors, employees, suppliers, successors or assigns (collectively referred to as “Meek’s”, “we”, “us” or “owner”). By using this Site you have agreed to be bound by the following terms and conditions (“Terms of Use”). Please read the following terms and conditions carefully as your legal rights are limited or defined by this agreement. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE AND SERVICE.

These Terms of Use shall apply to all content on the Site, including, but not limited to, all services offered on the Site, all services offered by Meek’s, all statements made on the Site or in live events, all videos posted on the Site, all opinions expressed on the Site.

You hereby acknowledge that you are authorized and have the capacity to enter this agreement, and agree to its terms without reservation. You agree that these Terms of Use are supported by valuable consideration, the receipt and adequacy of which are hereby acknowledged. By way of example, such consideration includes Meek’s’ grant of a limited nonexclusive license to you to view or access the content, data and materials, and conveniently submit certain information. These Terms of Use also incorporate the Privacy Policy included on this Site.

This Site is not geared or directed to persons under the age of 18.

This Site is operated for the benefit of Meek’s, its related entities, and customers. No user of this Site may use it or its content for any commercial use or purpose, except as otherwise defined by this agreement or Privacy Policy. Any unauthorized use terminates this license.

LIMITATIONS ON RIGHTS, REMEDIES, AND USE

Disclaimer of Warranties: This Site and any content on the Site are made available on an “AS IS” and “AS AVAILABLE” basis. You expressly agree that you will use this Site at your own risk. You hereby acknowledge that Meek’s does not warrant that the Site or any content, service or product provided in connection with the Site will be timely, error-free, uninterrupted, secure, or that defects will be corrected.

You agree that Meek’s will not be responsible for any errors, omissions, interruptions, defects, deletions or delays in the operation or transmission of the Site or any services or content, or for computer viruses associated with the operation of the Site. MEEK’S MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THIS SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

Limitation of Liability: You agree that MEEK’S’ LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MEEK’S BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, ECONOMIC OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS, PRODUCTS OR SERVICES PROVIDED TO YOU BY MEEK’S. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

THE GOODS, SERVICES AND INFORMATION THAT MAY BE AVAILABLE THROUGH THIS SITE ARE SOLD ON AN “AS IS” OR “WITH ALL FAULTS” BASIS. YOU SHOULD ONLY USE THE PRODUCT AS SPECIFIED BY THE MANUFACTURER.YOU ASSUME ALL RISKS AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT OR SERVICE. IF ANY PRODUCT OR SERVICE PROVES TO BE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR, NOT MEEK’S.

THE MANUFACTURER OF THE PRODUCT OR THE SERVICE SUPPLIER MAY OFFER EXPRESS WARRANTIES OF THE PRODUCT OR SERVICE. YOU SHOULD CONTACT THE MANUFACTURER OR SERVICE SUPPLIER TO SEE THE EXTENT OF THE WARRANTY, IF ANY.

CERTAIN STATE LAWS DO NOT ALLOW FOR THE LIMITATION OF IMPLIED WARRANTIES OR FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY IN YOUR STATE OF RESIDENCE, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

PRODUCT NOTICES

WARNING: PURSUANT TO TITLE 27, ART. 6, REGULATION 25603.2, YOU SHOULD NOTE THAT THE PRODUCT(S) THAT MAY BE AVAILABLE THROUGH THIS SITE CONTAIN SUBSTANCES AND CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER; AND/OR BIRTH DEFECTS AND OTHER REPRODUCTIVE HARM.

Alleged Violations: Meek’s reserves the right to terminate your use of the service and/or the Site. To ensure that Meek’s provides a high quality experience for you and for other Site users, you agree that Meek’s or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Meek’s does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Meek’s reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Meek’s believes that you or your agents have violated any of the Terms of Use or Privacy Policy provisions, furnished Meek’s with false or misleading information, or interfered with use of the Site or the service by others.

LINKS TO THIRD PARTY SITES: This Site may contain links to sites owned or operated by parties other than Meek’s. Such links are provided for your reference only. MEEK’S does not control Third-PARTY Sites and is not responsible for their content. MEEK’S inclusion of links to anY THIRD-PARTY SiteS does not imply any endorsement of the material on the Site or - unless expressly disclosed otherwise - any sponsorship, affiliation or association with its owner, operator or sponsor, nor does MEEK’S inclusion of the links imply that MEEK’S is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

Intellectual Property

All content displayed, posted or submitted on this Site derives from certain facets of Meek’s’ intellectual property whether copyright, trademark, patent or otherwise.

Copyrights: Meek’s is the author or owns the rights associated with the content used on this Site. By way of example, Meek’s maintains all copyrights with respect to the content displayed, the source code, and any work of authorship used. Meek’s’ content is protected by federal copyright law and Meek’s reserves the right to enforce those rights when applicable. You agree to seek the express written permission from Meek’s to reproduce, make derivative works, display, and distribute.

Trademarks oR Service marks: All marks used on this Site, unless otherwise noted, belong to Meek’s or its affiliates. Meek’s’ marks are protected by federal and state law whether they are registered with USPTO or state agencies. Meek’s reserves the right to enforce any trademark or service mark rights. You agree to seek the express written permission from Meek’s to use any mark depicted on this Site. Further, you agree not to use marks or domain names that are confusingly similar to Meek’s’ marks.

Third Party Content: Some users of this Site may be able to post information in forums or chat rooms that may be publicly available. Such postings do not reflect the views or opinions of Meek’s. Meek’s is under no obligation to review any messages; information or content posted on the Site by users and assumes no responsibility or liability relating to any such information. By submitting this information, you hereby grant Meek’s a nonexclusive license to exploit all copyrights associated therewith. You agree not to post information that is confidential, private (phone numbers, social security numbers, account numbers, addresses), defamatory, owned by third parties, advocating criminal activities or civil violations, and tends to solicit funds for commercial enterprises.

Meek’s reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, Meek’s, or its affiliates, directors, officers, employees or other representative, person in the jurisdiction that may access the Meek’s Site, or any rights of Meek’s or any third party, or to violate any applicable law. However, Meek’s may in its discretion use any of the materials posted for any purpose. Meek’s intends to reserve all rights and protection afforded to it under the Communications and Decency Act.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS: When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any of the aforementioned materials you provide or transmit. You agree that the burden of proving that any of the aforementioned material does not violate any laws or third party rights rests solely with you.

LINKS: Meek’s agrees to allow you to hyperlink to our Site for the purpose of accessing the public content and services appearing thereon. This provision should not be construed as a grant of any Meek’s’ intellectual property.

MISCELLANEOUS TERMS

Indemnification AND DEFENSE: You agree, at your own expense, to indemnify, defend and hold harmless Meek’s and related parties, against any claim, suit, action or other proceeding brought against Meek’s and related parties, by a third party, to the extent that such claim, suit, action or other proceeding brought against Meek’s and related parties is based on or arises from your use of this Site. For example, the foregoing obligations shall be triggered if a claim relates to:

  • your use or someone using your computer for use of the Site;
  • your use or someone using your account, where applicable;
  • a violation of the Terms of Use by you or anyone using your computer (or account, where applicable);
  • a claim that any use of the Site by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;
  • any deletions, additions, insertions or alterations to, or any unauthorized use of, the Site by you or someone using your computer (or account, where applicable);
  • any misrepresentation, including false or inaccurate information, or breach of representation or warranty made by you contained herein; or
  • any breach of any covenant or agreement to be performed by you under these terms and conditions of service.

You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

GOVERNING LAW: These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive venue and jurisdiction of the state or federal courts in Sacramento, California, USA in all disputes arising out of or related to the use of the Site or service.

SEVERABILITY; WAIVER: If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Changes: Please check these Terms of Use frequently, as we may occasionally unilaterally change the Terms of Use by revising the language contained on this page. The most current Terms of Use will always be available for you on this page. Amendments to the Terms of Use are effective at the time they are posted on this page, and your continued use of this Site will constitute your acceptance of such amendments.

RESERVATIONS: You acknowledge and agree that we reserve the right to modify or discontinue any component of the Site or any of these Terms of Use. We expressly reserve the right to terminate your right to use the Site. Meek’s may elect to electronically monitor the user submit areas and may disclose any content, records, or electronic communication to any kind 1) to satisfy any law, regulation or government request, 2) if such disclosure is necessary or appropriate to operate the Site, 3) to protect the rights or property of individual users, Meek’s or its affiliates, directors, offices, employees or other representatives.