MEEDEN Stress-Free purchase terms of service for customer

MEEDEN Stress-Free Purchase Terms Of Service

Lasted Updated: December 6, 2024.

‍These terms of service (these “Terms”) governs your use of our Worry-Free Purchase, which may be alternatively branded as Green Shipping Protection, Shipping Protection, or other similar names (the “Service”). “We” or “us” or “our” or “MEEDEN” means MEEDEN, Inc., a Delaware corporation. “You” or “your” means the person indicating acceptance of these Terms or using the Service.

NOTE: THESE TERMS INCLUDE YOUR AGREEMENT TO ARBITRATE MOST DISPUTES AS WELL AS A CLASS ACTION WAIVER, WHICH EACH AFFECT YOUR RIGHTS. PLEASE SEE SECTION 8.

YOUR PURCHASE OF THE SERVICE INDICATES YOUR ACCEPTANCE OF THESE TERMS.

1. USE OF THE SERVICE

1.1 General

The Service may include the following:

Delay:Predicts the delivery time from the Merchant offering the Service. If delivery exceeds the predicted time, you are entitled to agreed compensation.
Loss Due to Non-Delivery:Compensation if the order is presumed lost due to non-delivery.
Damage:Covers damage during shipping (from shipment to delivery).
Porch Piracy:Theft of a package after it is marked as delivered by the shipping carrier to the correct address.

For each Service type, compensation will not exceed the actual order value paid.

For clarity, MEEDEN is only liable for lost, damaged, or delayed Merchant Products caused during the logistics process after timely shipment by the Merchant. The Company will determine any refund amounts for Buyer Protection Products at its sole discretion. Refunds will be issued directly to Buyers as Visa gift cards.

1.2 Instructions

To receive compensation, follow the instructions provided by the relevant Merchant for the Service.

1. USE OF THE SERVICE

1.1 General

The Service may include the following:

Delay: Predicts the delivery time from the Merchant offering the Service. If delivery exceeds the predicted time, you are entitled to agreed compensation.
Loss Due to Non-Delivery: Compensation if the order is presumed lost due to non-delivery.
Damage: Covers damage during shipping (from shipment to delivery).
Porch Piracy: Theft of a package after it is marked as delivered by the shipping carrier to the correct address.

For each Service type, compensation will not exceed the actual order value paid.

1.2 Instructions

To receive compensation, follow the instructions provided by the relevant Merchant for the Service.

2. CHANGE TO THE TERMS

We may modify, add, or remove any part of these Terms at any time without prior notice, except by updating the effective date at the top of these Terms. Changes take effect immediately upon posting a notification within the Service or by emailing you at the provided address. Your continued use of the Service after such changes constitutes acceptance of the new Terms. It is your responsibility to periodically review these Terms for updates.

3. FEES

The fee for using the Service will be displayed during your purchase of Goods from the Merchant, and you must pay it promptly. We reserve the right to charge or change Service fees at any time, subject to these Terms.

4. DATA

We use your data per our Privacy Policy. Refer to the applicable Merchant’s Privacy Policies for how they collect, store, and use your data. You acknowledge that using the Service involves transmitting your data and communications over the Internet and other networks, which may be accessed by unauthorized parties.

5. DISCLAIMERS

Your use of the Service is at your sole risk. We make no additional representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, quality, accuracy, title, or non-infringement. We do not guarantee uninterrupted or error-free service. We do not manufacture or control the Goods or the Merchant and expressly disclaim any liability arising from your use of the Service.

6. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MEEDEN, its affiliates, and their directors, officers, employees, agents, and assigns from any claims, demands, including reasonable attorneys’ fees, arising out of:

Your violation of these Terms;
Your provision of any information or materials for the Service, including inaccuracies or fraud;
Your violation of laws or rights of others;
Your negligent or willful conduct;
Disputes between you and the Merchant; or
Your use of the Service.

We may assume the exclusive defense and control of any claim at our expense. You may not settle any claim without our prior written consent.

7. LIMITATIONS OF LIABILITY

7.1 Disclaimer of Indirect Damages

Under no circumstances will MEEDEN Parties be liable to you or any other person for any indirect, incidental, punitive, special, exemplary, or consequential damages arising from the use, inability to use, or results of use of the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, including but not limited to damages for personal injury, death, lost profits, lost data, loss of business, or business interruption.

7.2 Cap on Liability

To the extent permitted by law, under no circumstances will any MEEDEN Parties’ total liability arising out of or related to these Terms (including warranty claims) exceed the greater of:

(a) The total amounts you paid for the Service; or
(b) One hundred dollars ($100).

7.3 Claims Period Limitation

Any cause of action arising out of or related to the use of our Service must be commenced within one (1) year after it accrues, or it will be permanently barred.

7.4 Exception

If any state or jurisdiction does not allow the exclusion or limitation of liability, the MEEDEN Parties’ liability to you shall be limited to the fullest extent permitted by law.

7.5 Independent Allocation of Risk

Each limitation of liability, disclaimer of warranties, or exclusion of damages in these Terms allocates the risks between the parties and is reflected in the pricing offered. Each provision is severable and independent of others. The limitations in this Section 7 apply regardless of whether damages were foreseeable or the essential purpose of any limited remedy failed.

8. ARBITRATION AGREEMENT

8.1 Mandatory Arbitration; Exceptions and Opt-Out

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Disputes”) will be resolved by binding arbitration, except you may:

File an individual claim in small claims court; and
Seek injunctive or equitable relief in a court of competent jurisdiction to protect your intellectual property rights (“IP Protection Action”).

You may opt out of arbitration by sending a written notice to help@meedenart.com within thirty (30) days of accepting these Terms or, if not registered, within thirty (30) days of first using our Service. Failing to opt out waives your right to litigate Disputes, except for IP Protection Actions. IP Protection Actions must be filed in the state or federal courts in the Northern District of Georgia. By not opting out, you waive the right to a jury trial and to join a class or representative action.

8.2 No Class Actions

Unless agreed in writing by an authorized representative, the arbitrator cannot consolidate multiple claims or oversee any class or representative proceedings. If law prohibits arbitration of class or consolidated claims, such claims must be filed in the state or federal courts in the Northern District of California. All other claims will proceed to arbitration.

8.3 Rules

Arbitration is administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Consumer Supplementary Procedures (“AAA Rules”). The Federal Arbitration Act governs this Arbitration Agreement. AAA Rules are available here or by calling 1-800-778-7879.

8.4 Arbitration Process

To initiate arbitration, submit a written Demand for Arbitration per AAA Rules. The arbitrator, a retired judge or an attorney with at least 15 years of experience, is selected from the AAA’s roster. If the parties cannot agree on an arbitrator within seven (7) days of the Demand, AAA will appoint one.

8.5 Arbitration Location and Procedure

Unless agreed otherwise, arbitration occurs in your county of residence. Claims under $10,000 are based solely on submitted documents unless a hearing is requested or deemed necessary by the arbitrator. For claims over $10,000, the AAA Rules determine the right to a hearing. The arbitrator may order a reasonable exchange of information consistent with expedited arbitration.

8.6 Arbitrator’s Decision

The arbitrator will issue an award within the AAA Rules’ timeframe, including essential findings and conclusions. Judgment on the award may be entered in any court with jurisdiction. Damage awards must align with the “Limitation of Liability” section. The arbitrator may grant declaratory or injunctive relief only to the extent necessary for the claimant’s individual claim. If you win, you may receive attorneys’ fees and expenses as allowed by law. We waive the right to recover attorneys’ fees if we prevail.

8.7 Fees

You are responsible for AAA filing, administrative, and arbitrator fees as per AAA Rules. If your damage claim is $75,000 or less, we will cover these fees unless the arbitrator finds your claim or relief sought was frivolous or improper under Federal Rule of Civil Procedure 11(b).

8.8 Changes

If we modify this “Arbitration Agreement” after you accept these Terms or use our Service, you may reject the changes by notifying us in writing (including via email to help@meedenart.com) within 30 days of the change’s effective date. By rejecting changes, you agree to arbitrate Disputes under the original terms as of your acceptance or use of the Service.

9. CONSENT TO ELECTRONIC COMMUNICATIONS

9.1 Consent

You agree that MEEDEN may send you legal disclosures, these Terms, Privacy Policy, updates, and other notices or information related to the Services via email, website, or mobile app. MEEDEN may also contact you by email, phone, text, or mail regarding the Service. You consent to receive such communications electronically and agree to keep your contact information current. Your consent covers all interactions between you and MEEDEN.

9.2 Updating Your Consent

If you no longer wish to receive certain communications electronically, email help@meedenart.com or opt out through your account or unsubscribe links in communications. Your withdrawal will take effect within a reasonable time after we receive your notice. However, MEEDEN must still send essential communications electronically, such as updates to the Terms or billing information, which you cannot opt out of. Withdrawing consent does not affect the validity of the Terms you have accepted. If you withdraw consent, some aspects of the Service may become unavailable.

10. GENERAL PROVISIONS

10.1 Relationship

We act as an independent contractor and not as your agent or representative in performing these Terms.

10.2 Assignment and Delegation

You may not assign your rights or delegate your obligations under these Terms without our prior written consent. We may assign our rights or delegate our obligations under these Terms without your consent, whether voluntarily, involuntarily, or by law. Any unauthorized assignment or delegation is void.

10.3 Notices

All notices under these Terms must be in writing and sent by certified or registered mail, overnight courier, with return receipt requested, to the addresses provided by each party, including appropriate postage. Either party may change its notice address by notifying the other party accordingly. Notices are deemed given two business days after mailing or one business day after courier delivery.

10.4 Force Majeure

We are not liable for any delay or failure to perform these Terms due to causes beyond our reasonable control.

10.5 Governing Law

These Terms are governed by the laws of the State of California, USA, excluding its conflict of law principles and the 1980 U.N. Convention on Contracts for the International Sale of Goods.

10.6 No Third-Party Beneficiaries

There are no third-party beneficiaries to these Terms.

10.7 Waiver

Failure to enforce any provision of these Terms does not waive the right to enforce it later. Exercising any right does not prevent the exercise of any other rights.

10.8 Severability

If any part of these Terms is found invalid or unenforceable, the remaining provisions remain in effect. If a material limitation on service use is invalid, your right to use the Service terminates immediately.

10.9 Headings; Drafter

Headings are for reference only and do not affect interpretation. No presumption against the drafter applies.

10.10 Entire Agreement

These Terms constitute the entire agreement between the parties regarding the subject matter and supersede all prior agreements. No trade usage or regular practice alters these Terms.

11. GEOGRAPHICAL LIMITS

Coverage is provided for shipments between global ports or locations, subject to the Policy’s U.S. Economic and Trade Sanctions Clause and the following exclusions:

Excluded Regions: This Policy does not cover shipments to, from, or within Afghanistan, Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen.

12. VALUATION

Insured goods are valued at the invoice amount, excluding taxes, charges, and freight costs.

13. LIMITS OF LIABILITY

13.1 Liability for Loss or Damage

Standard Shipments: Up to USD $5,000 per package or shipment.
Electronic Devices: Up to USD $2,500 per package or shipment containing a computer, laptop, tablet, smartphone, or smartwatch.

13.2 Liability for Delay

All Shipments: Up to USD $10.00 per package or shipment.

14. GOODS INSURED

Subject to the terms, conditions, and limits of this Policy, this Policy is intended to cover shipments of lawful goods:

For which the Insured is the shipper;
Shipped by or to others for the Insured’s account or control where the Insured has an insurable interest; or
Shipped for the account of others on which the Insured has received instructions to include for coverage under this Policy. Instructions must be given in writing prior to transportation and prior to any known or reported loss or accident.

The following goods are excluded from coverage unless endorsed:

Excluded Goods: MEEDEN Pro Semi-Automatic Adjustable Large Capacity Mechanized Artwork Easel - DHJ-5

15. REQUIREMENTS FOR NOTICE OF LOSS, DAMAGE OR DELAY

15.1 In General

In the event of any loss, damage, delay, or event which may lead to a claim under this Policy, the Insured must give prompt notice to the Insurer and in all events no later than 90 days following the order date for the goods or such shorter period as required under this Policy.

15.2 Loss Due to Non-Delivery

Where goods are presumed lost because they were not delivered, the Insured must report the loss to the Insurer no later than:

Domestic Shipments: 30 days following the shipping date.
International Shipments: 60 days following the shipping date.

15.3 Damage

Damage to goods must be reported to the Insurer no later than 15 days after the delivery date.

15.4 Delay

Delay in the delivery of goods must be reported no later than:

Domestic Shipments: 15 days following the shipping date.
International Shipments: 30 days following the shipping date.

16. HANDLING DAMAGED GOODS

In the event of damage to insured goods, the Insured shall:

Retain control of all damaged goods;
Consult with and allow the Insurer to inspect damaged goods before any disposal or sale;
When practical, recondition and sell such goods after removing all brands and trademarks, with the Insurer entitled to the proceeds from the sale.

If both the Insured and Insurer agree that disposing or selling the damaged goods is detrimental to the Insured’s interests, or if the Insured cannot sell or dispose of the goods under their trade agreements, the damage will be treated as a constructive total loss, and the goods will be destroyed in the presence of an Insurer’s representative.

17. SUBROGATION

Upon our payment of your claim, all of your rights and remedies against other parties with respect to your Loss will be subrogated to us. We may receive or pursue any amounts recovered or recoverable from those parties. You cannot waive these rights against another party. For the avoidance of doubt, MEEDEN, Inc., the Insurer, is the sole payor of any and all payouts associated with this product, and the Insured is to contact the Insurer directly per the applicable Policy.