If you agree to be bound by the terms of this Agreement, you must check the box indicating your agreement. If you do not agree to be bound by the terms of this Agreement, you will not be able to proceed with opening an account with mayarts.com or purchasing any products through the website.
In this Agreement, “you” and “your” refer to the individuals, corporations or parties who are the members/account holders, have an interest in the account(s) and agree to this Agreement. “We,” “us,” “our,” and “May Arts” refer to Compass Design LLC, its employees, members, representatives, officers, directors, agents, successors and assigns.
Changes to Account Agreement
We may change, add or remove portions of this Agreement at any time, but if we do so, we will post such changes on the website, notify you of changes once logged in to your account, or or send them to you via email. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY TERMINATE YOUR ACCOUNT BY SENDING AN EMAIL TO: [email protected] or [email protected]. YOUR CONTINUED USE OF THE WEBSITE AND/OR ACCOUNT NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES OR MODIFICATIONS.
Prices/Fees and Payments
You agree to pay all charges incurred in connection with your purchase (including any applicable taxes) at the rates in effect when submitting your order. We will bill all charges to the credit card you supply us. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed your account using your user name and password without your authorization, you must contact us immediately.
Do not assume a cancellation or change of ANY order you have made with May Arts, whether pursuant to a scheduled program or not, has been effected until you receive a confirmation from May Arts via email or the website. As stated above, you will be responsible for, and your credit card may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request was received.
Representation as to Capacity to Enter into Agreement
You represent that you have the required legal capacity and that you are of the required legal age (i.e., 18 years of age) to enter into this Agreement and that no one except you has any interest in your account with us.
Order Confirmations, Statements, Notices and Other Communications
You understand that it is your responsibility to review, upon first receipt, whether delivered to you by email, by a posting on the website, or by all other electronic means, all order confirmations, transaction history, notices and other communications. All information contained therein shall be binding upon you, if you do not object, either in writing or via electronic mail, within 48 hours after any such document or information is sent to you or available on the website. In all cases, May Arts reserves the right to determine the validity of your objection to the transaction. Such notices, information and other communications from May Arts shall be deemed to be delivered and available to you whether actually received or not.
You agree that May Arts fulfills its legal obligation to deliver to you any such document if sent via electronic delivery. Electronic delivery may be in the form of an email, an electronic mail attachment, a posting on the website, or in the form of an available download from the website. You represent that you will download the relevant document promptly after receiving notice of its availability. Should you experience any difficulty opening a document electronically delivered by May Arts, you will promptly advise May Arts in order to allow us to make the required delivery by other means. Failure to advise May Arts of such difficulty within 48 hours after delivery shall serve as an affirmation that you were able to receive and open said document.
Responsibilities and Limitations of Liabilities
You represent that you will be the sole and exclusive authorized user of your password associated with your May Arts account and you accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes (i.e., changes of address) entered into your account using such password.
You accept full responsibility for the monitoring and safeguarding of your account. You will immediately notify May Arts in writing, delivered via email and certified/return receipt requested U.S. mail, if you become aware of any loss, theft or unauthorized use of your password and account number; or any failure by you to receive a message from us indicating that an order was received and executed or any inaccurate information in your account or transaction history.
If you fail to notify May Arts immediately upon your knowledge when any of the above conditions occur, neither May Arts nor any of its officers, directors, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any order. Under no circumstances, including negligence, shall May Arts or anyone involved in creating, producing, delivering or managing May Arts’ services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the website, the services provided by May Arts or out of any breach of any warranty by May Arts. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. To the extent that any applicable statute applies which modifies the above, May Arts’ liability shall not include any hypothetical gains or losses, and it is agreed that the trier of fact shall only consider the actual facts, or lack thereof, of the parties to this Agreement.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAY ARTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
“Mayarts.com” and other marks indicated on our site are trademarks or trade dress of Compass Desings LLC in the United States and internationally. May Arts’ trademarks and trade dress may not be used in connection with any product or service that is not May Arts’ in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits May Arts. All other trademarks not owned by Compass Designs LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Compass Designs.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of May Arts or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of May Arts and protected by U.S. and international copyright laws. All software used on this site is the property of May Arts or its software suppliers and protected by United States and international copyright laws.
Reseller Policies & Guidelines
To protect the investment of our high-quality dealers and May Arts’ brand reputation, we have an established MANUFACTURER SUGGESTED RETAIL PRICING (MSRP). We established this policy due to the fact that reseller advertising and sales practices that promote our products primarily on the basis of price could be detrimental to loyal resellers’ service and support efforts and May Arts’ competitive position. Such activities can be harmful to the May Arts brand, reputation and competitiveness, and allow some resellers to take advantage of the service and efforts of others. We believe that these practices are unfair and thus discourage such efforts. May Arts reserves the right to deny any business with resellers that violate our MSRP policy.
May Arts recognizes that any May Arts account holder can make its own decisions to advertise and sell any May Arts product at any price it chooses without consulting or advising May Arts. May Arts similarly has the right to make its own independent decisions regarding product allocations and reseller participation. Although resellers remain free to establish their own resale prices, May Arts reserves the right to cancel all orders and indefinitely refuse to accept any new orders from any resellers following May Arts’ verification that such reseller has advertised any products drastically below our MSRP policy. All products listed should reflect the MSRP. Listing a price that is drastically below MSRP will be viewed as a violation of our policy. This applies to all product listings in print, electronic, or otherwise. To get a list of our MSRP, please contact [email protected].
While we welcome you to use our ribbon images, descriptions, and keywords on your site and in your marketing material, we do not authorize redistribution of our content and products on third party vendor sites or product feeds.
Risk of Loss/Warranties/Returns
All items purchased from May Arts are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
All sales are final and items can be returned to the Company only pursuant to the Return Policy located on the website.
Monitoring and Recording Telephone Conversations and Email
For your protection and for the protection of May Arts, and as a tool to correct misunderstandings, you understand, agree and authorize May Arts, at its discretion, and without further prior notice to you, to monitor and record any or all telephone conversations between you and May Arts and any of May Arts’ employees or agents and to monitor your electronic communications with May Arts.
You hereby agree that this Agreement and all the terms herein shall be binding upon you and your estate, heirs, executors, administrators, personal representatives, successors and assigns.
The Laws of the State of Connecticut Govern/Assignment
This Agreement and its enforcement shall be governed by the laws of Connecticut and shall cover individually and collectively all accounts you may open with May Arts and shall be binding upon you and your successors (whether by merger, consolidation or otherwise), heirs, executors, administrators and assigns. This Agreement shall inure to the benefit of May Arts and its successors, assigns and agents. May Arts may assign its rights and duties under this Agreement to any of its subsidiaries or affiliates without giving you notice, or to any other entity upon prior written notice to you.
Agreement to Arbitrate Controversies
Any dispute relating in any way to your visit to MayArts.com or to products you purchase through MayArts.com by phone shall be submitted to confidential arbitration in Connecticut, except that, to the extent you have in any manner violated or threatened to violate Connecticut’s intellectual property rights, May Arts may seek injunctive or other appropriate relief in any state or federal court in the state of Connecticut, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Except as specifically permitted in this Agreement, no provision or condition of this Agreement can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by an authorized officer of May Arts.
Amendments; Entire Agreement
YOU UNDERSTAND THAT ACCESS TO AND YOUR USE OF YOUR ACCOUNT CONSTITUTES YOUR CONSENT AND AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS OF THIS ACCOUNT AGREEMENT. MAY ARTS MAY AT ANY TIME REVISE THESE TERMS AND CONDITIONS BY UPDATING THE ACCOUNT AGREEMENT. YOU AGREE TO BE BOUND BY SUBSEQUENT REVISIONS AND AGREE TO REVIEW THE ACCOUNT AGREEMENT PERIODICALLY FOR CHANGES TO THE TERMS AND CONDITIONS OF THE ACCOUNT AGREEMENT. THE MOST UP TO DATE VERSION OF THE ACCOUNT AGREEMENT WILL ALWAYS BE AVAILABLE FOR YOUR REVIEW ON THE WEBSITES. CONTINUED USE OF MAY ARTS AFTER SUCH CHANGES WILL CONSTITUTE ACKNOWLEDGMENT AND ACCEPTANCE OF SUCH AMENDMENT. This Agreement represents the entire agreement between you and Compass Designs LLC, concerning the subject matter hereof. Certain policies and/or procedures may be further outlined on the website, and by your use of May Arts websites and services, you agree to be bound by any and all such postings. You may not assign any right or obligations hereunder without first obtaining the prior written consent by an authorized officer of May Arts.
If any provision or condition of this Agreement shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.
Headings are Descriptive
The headings of each provision hereof is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.