Last Updated: March 27, 2017
1. This Agreement.
1.1 Acceptance. Please read this Agreement carefully before otherwise accessing the Website. In order to use the Website and before you purchase any of our products through the Website, you must first agree to be bound by the terms and conditions set forth in this Agreement. By accessing the Website other than this Agreement, you indicate that you have read, understood and agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use the Website. Furthermore, you are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with Murex, or (b) you are a person barred from using the Website either (i) under the laws of the country in which you reside or from which you are attempting to access the Website, or (ii) due to prior violations of this Agreement.
1.2 Modification. We reserve the right to modify this Agreement at any time. You shall periodically review this Agreement to be aware of such modifications. Your continued use of the Website after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of this Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the beginning of this Agreement. We will be happy to provide you with prior versions of this Agreement upon your written request to us. If you do not agree to abide by the initial version and each modified version of this Agreement, then you are not authorized to use the Website. A current version of this Agreement is accessible via the footer of the Website’s homepage.
2.1 Profile; Password. You may only be able to use certain functionality of the Website if you register with us. If you decide to register with us, you will receive or create a user ID and password (“Profile”) to access your User account ("Account"). You shall not to allow any third party to use your Profile or Account to access the Website and you shall strictly safeguard all information that would enable any individual or entity to access the Website by using your Profile. You are fully responsible for your failure to safeguard information and/or to permit any other person to access or use the Website using your Profile and/or Account, and for all activities that occur under your Profile and/or Account. You may not sell or otherwise transfer your Profile and/or Account or any portion thereof. You shall notify us immediately of any unauthorized use of your Profile and/or Account or otherwise of the Website. Murex shall not be liable for any loss that results from the unauthorized use of your Profile and/or Account, either with or without your knowledge.
2.2 Accurate Information. You shall provide us with accurate, complete and current information about yourself during registration and at all other times, and you shall update all information provided to us or requested by us if and as soon as such information changes before you purchase any of our products.
2.3 Disabling or Revocation of Account. We have the right to cancel or suspend your registration and/or any order of yours for any reason (without having to specify the reason) or for no reason at any time, as determined in our sole discretion, including without limitation if we believe you have violated this Agreement.
2.4 Cessation of Services. The form and nature of our products offered through the Website may change from time to time without prior notice to you. As part of our continuing innovation, Murex may stop (permanently or temporarily) providing certain Website features to you in our sole discretion, without prior notice to you.
3.1 Purchases; Payment. Our products are offered for sale through the Website. In the event you wish to purchase any of our products, you are obligated to comply with the applicable provisions of this Agreement as well as the terms and conditions of any ancillary agreements or policies which govern your purchase of any of such products. In order to execute transactions requested by you, we may use a third-party e-commerce settlement provider to collect your payment and otherwise consummate your purchase. We are not responsible for errors made by any such third party settlement company or by us if caused by any such party. By making a purchase through the Website, you agree to pay us or our e-commerce settlement provider (as the case may be) all charges at the prices then in effect using the payment method selected by you. To the extent that we have the authority to do so, we reserve the right (but do not have the obligation) to correct any errors or mistakes made by our e-commerce settlement provider even if it has already requested or received payment from you, though we are not responsible for errors made by our e-commerce settlement provider and any recourse you wish to seek which relates to any such error shall be directly from such third party. Further, your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell a product or products to you. We reserve the right (in our sole discretion) to accept or decline an order for any reason and at any time after receipt of that order. We may require additional verification or information from you before accepting an order.
3.2 Conditions of Sale. Your attempt to purchase any of our products, by providing your credit card information to us or to our e-commerce settlement provider, indicates your express authorization to charge your credit card for the amount of the associated purchase requested by you. Your right to any product that is available for purchase through the Website is conditional on our receipt of the appropriate full payment and related costs for such product. If such payment and costs cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to cancel your order and/or to suspend or terminate your Account. Further, the purchase price for any item you purchase from us is variable dependent on the following: (a) if you purchase any of our products for personal use then the purchase price for each such product shall be the purchase price reflected on the Website for each such product, and (b) if you purchase any of our products for commercial use (whether to compete against us or otherwise) or to use any such of our products in violation of this Agreement, including without limitation as a dealer, reseller or distributor, then the purchase price for each such product shall be the total profits earned by you (or any individual or entity related to you or acting on your behalf) which arises in connection with or related to the purchase of all products based on any such products.
3.3 Reservation of Rights; Modifications. Our products may have limited quantities and we cannot guarantee the availability of any product. We do not warrant or represent that the quality of any product will meet your expectations, or that any errors appearing on the Website will be corrected. We reserve the right, but are not obligated, to limit or discontinue the sale of our products to any person (including without limitation the quantity of any specific product), geographic region or jurisdiction, or otherwise, and we may exercise this right on a case-by-case basis in our sole discretion. The offer of any product made through the Website is void where prohibited. If your credit card has already been charged for a purchase and your order is cancelled, we will promptly issue a credit to your credit card account in the amount of the charge. However, and for clarity, your only remedy for any failures, delays or interruptions with respect to the ordering of and delivery of products ordered by you through the Website is limited to a refund for such products. All products ordered through the Website are acquired by you “AS IS” and “WHERE IS”.
3.4 Descriptions. We attempt to be accurate in describing our products (including without limitation pricing) and in rendering a pictorial representation of our products offered for purchase by us; however, we do not warrant or represent that all such descriptions are complete, current or error-free or that the information appearing on the Website is free from inaccuracies or errors, including pricing errors. We do not ensure that all such descriptions and other information related to any of the products displayed on the Website (including, without limitation, pricing, photographs, general product descriptions, etc.) will be complete, current or error-free. Further, all descriptions of the products including without limitation their pricing are subject to change at any time without notice, in our sole discretion. We may cancel any transaction (as determined by us in our sole discretion), even one already executed by you, in the event that such transaction was based on an inaccurate description or other information. We expressly reserve the right to correct any pricing errors on the Website. Please remember to review and confirm your order (including all sizes and colors) carefully before executing each transaction.
3.5 Returns. If you are not satisfied with a purchase made through the Website, you may simply return the item in its original, unused condition (with all tags attached) within fourteen (14) days of receipt by you for a full refund. Please enclose your receipt with the return so we can refund your credit card. If you are mailing the returned product back to us, you are exclusively responsible for the cost of return shipping and insurance, and you should purchase insurance since we cannot be responsible for any items mailed by you to us. For clarity, all pre-paid shipping and insurance cost in returning items to us are your sole responsibility. You may send returns to:
The Shell Station
155 Oberlin Ave North
Lakewood, NJ 08701
Returns may also be made in person only at our Lakewood, New Jersey store location at:
The Shell Station, 93 East Kennedy Blvd., Lakewood, NJ 08701.
Please note that returns will not be accepted at any other of our locations.
3.6 Taxes. You are exclusively responsible for paying all applicable taxes arising out of any purchase of any products made by you through the Website.
3.7 Your Personal Information. In the event you wish to purchase any of the products offered through the Website, you will be asked by Murex or a third party working on our behalf to supply certain of your personally identifiable information (“PII”) to us. You shall provide us or such third party (as applicable) with accurate, complete and current PII (including without limitation your email address and credit card number and expiration date), and you shall update all PII so provided or so requested if and as soon as such information changes before you make any purchase of any such products. You shall be responsible for any activity conducted through the Website which is associated with your PII.
3.8 Shipping. You are exclusively responsible to pay for all shipping costs associated with your order. Our shipping rates currently are: a flat rate of $4.99 for orders under $75 and free of charge for orders over $75, though this may change upon notice to you through the Website.
4. Usage Restrictions. You shall not use the Website in any manner that:
(a) interferes with operations or services provided by the Website or otherwise which disrupts the Website in any way;
(b) interrupts, destroys or limit the functionality of, any computer software or hardware or telecommunications equipment (including without limitation by means of software viruses, Trojan horses or any other computer code, files or programs);
(c) infringes any copyright, trademark, trade secret, patent or other right of Murex;
(d) is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable, as determined by us in our sole discretion;
(e) creates a false identity or otherwise attempts to mislead any person as to the identity or origin of any communication;
(f) causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
(g) consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(h) uses the Website and/or any of our products for commercial purposes or otherwise to compete with us in any manner; or
(i) violates, or encourages others to violate this Agreement (or engages in any other activity deemed by us to be in conflict with this Agreement), or violates or encourages others to violate any applicable local, state, national, or international law.
5. Intellectual Property.
5.1 Proprietary Rights. The Website is protected by copyright, trademark and other laws of the United States and/or other jurisdictions. You acknowledge and agree that, as between you and us, all right, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to Website and our products is owned by us, and that you have no rights in and to the Website other than as expressly set forth in this Agreement. Except for that information which is in the public domain and is not otherwise limited by third party rights or for which you have been given express written permission by us, no portion of the Website or any of our products may be copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, or otherwise used for any public or commercial purpose without our prior written consent. However, you may print copies of materials on the Website for your personal, noncommercial use only, provided that you must keep intact all copyright, Trademark, and other proprietary notices appearing therein and that you use the Website materials and our products only in the manner permitted by this Agreement and never in any manner which directly or indirectly competes with us.
5.2 Trademarks. “Murex”, "The Shell Station" and “Pea Bee & Jae” are Trademarks of Murex. As used herein, the term “Trademarks” means, collectively, all service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, and trade dress appearing on the Website which indicate a source of goods or services. Trademarks are protected by the trademark laws of the United States and/or other jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any way, including without limitation in the distribution of any portion of the Website, for advertising or publicity or otherwise, without our prior written consent or the prior written consent of any third party Trademark holder, as applicable. Unless you have been expressly authorized to do so in writing by Murex or any other applicable Trademark holder, you shall not use any Trademark of any individual or entity in a way that is likely or intended to cause confusion with such Trademark holder.
5.3 Removal of Notices. You shall not remove, obscure, or alter any proprietary rights or notices (including without limitation copyright and Trademark notices) which may be affixed to or contained within the Website. You shall abide by all such notices.
6. Links; Third Party Websites. The Website may provide links to third party websites. Because we do not endorse or otherwise have control over such websites, we are not responsible or liable, directly or indirectly, for (a) the availability of such websites, (b) any content or other materials on or available from such websites, (c) your participation, correspondence or business dealings with the operator of any such websites, which such dealings are solely between you and any such third party, or (d) any damage or loss caused or alleged to be caused by or in connection with your interaction with any such third party. Your use of any website linked to from the Website is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of this Agreement.
7. DISCLAIMER OF WARRANTIES. YOUR USE OF THE WEBSITE, AND ANY PRODUCTS YOU PURCHASE FROM US, IS “AS IS”, “AS AVAILABLE”, AND AT YOUR SOLE RISK. NONE OF MUREX OR ANY OF OUR AFFILIATED ENTITIES, NOR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, LICENSORS, AGENTS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES OR SERVICE PROVIDERS (COLLECTIVELY, THE "MUREX PARTIES") HAS OR SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE WEBSITE OR OTHERWISE RELATED TO YOUR PURCHASE OR USE OF ANY OF OUR PRODUCTS. MUREX FURTHER DOES NOT MAKE ANY GUARANTY OF THE ACCURACY, CORRECTNESS, USEFULNESS OR COMPLETENESS OF, AND IS NOT LIABLE FOR LOSSES OR DAMAGES ALLEGED TO ARISE FROM OR ARISING FROM OR RELATED TO, ANY USE OF THE WEBSITE OR YOUR USE OF ANY OF OUR PRODUCTS. SPECIFICALLY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MUREX DISCLAIMS (A) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE AND ANY OF OUR PRODUCTS, AND (B) ALL WARRANTIES NOT EXPRESSLY MADE IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH YOUR USE OF THE WEBSITE OR OTHERWISE YOUR PURCHASE OF ANY OF OUR PRODUCTS. MUREX DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, UNDER NO CIRCUMSTANCES SHALL MUREX BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE ALLEGED TO ARISE OR ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY OF OUR PRODUCTS.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY OF THE MUREX PARTIES BE LIABLE FOR LOST PROFITS OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR (A) USE OF THE WEBSITE, OR (B) PURCHASE OF ANY OF OUR PRODUCTS, WHETHER OR NOT ANY OF THE MUREX PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF THE MUREX PARTIES IN THE AGGREGATE TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) ALL OF OUR PRODUCTS PURCHASED BY YOU THROUGH THE WEBSITE IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE ARISING OF SUCH LIABILITY, OR (B) FIVE HUNDRED DOLLARS ($500). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 7 OR 8 HEREOF MAY NOT APPLY TO YOU BUT IN SUCH A CASE SUCH LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Indemnification. You shall indemnify, defend and hold harmless each of the Murex Parties from all claims, demands, actions, causes of action and/or lawsuits (each, a "Claim" and collectively, "Claims") and all resulting costs, liabilities, losses, expenses, and damages, actual and consequential, direct and indirect, of every kind and nature, including without limitation reasonable attorneys' fees and disbursements (collectively, "Losses"), made by any third party arising out of or related to (a) the breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (b) your negligence or misconduct, or (c) your violation of any law or regulation. You shall provide all applicable Murex Parties with prompt written notice of any Claim or potential Claim of which you become aware. Upon the assertion or commencement of any Claim against one or more of the Murex Parties by any third party that may give rise to liability of any such Murex Party hereunder, you shall assume the control of the defense of such Claim at your sole expense with counsel reasonably acceptable to each applicable indemnified Murex Party; provided, however, that each such Murex Party may take part in and/or fully assume such defense, in its sole discretion and at its own expense, after you assume the control thereof. You shall not enter into any settlement of any Claim, without receiving the prior written consent of each of the Murex Parties affected by such Claim, and such consent may be freely withheld if any of the Murex Parties believes such a settlement is adverse to its interests. In no event shall any of the Murex Parties be obligated to participate in any settlement which any such party reasonably believes would have an adverse effect on such party’s business interests.
11. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Murex by this Agreement or as a result of your use of the Website or your purchase of any of our products.
12. Notices. All notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: Murex Industries, Inc., Attn: Legal Department, 155 Oberlin Ave North, Unit C, Lakewood, NJ 08701 and by email to e-mail at firstname.lastname@example.org, and to a User at the address and email listed provided to us by such User (if applicable). Notice shall be deemed given three (3) days after the date of such mailing and upon receipt of such email.
13. Governing Law; Arbitration; NO CLASS CLAIMS; TIMELY FILING OF CLAIMS. This Agreement shall be governed by and construed in accordance with the laws of (a) Halacha (Jewish Law) as interpreted by Orthodox Judaism, or (b) otherwise the State of New Jersey (excluding New Jersey’s choice-of-law principles) when applicable. Any dispute arising out of or relating to this Agreement, including without limitation regarding any breach hereunder, shall be finally resolved by binding arbitration administered by Bais Din Maysharim of Lakewood, New Jersey (the “Bais Din”) and judgment upon the award rendered by the Bais Din may be entered in any court having jurisdiction. The award of the Bais Din shall be final and binding on you and us, without a right of appeal, and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by you and/or us shall be deemed to be confidential information and shall not be made public by either you or us (or anyone acting on either of our behalves). The non-prevailing party in such proceedings shall pay the prevailing party's costs and expenses, including but not limited to reasonable attorneys’ fees. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, we may apply to any court of competent jurisdiction for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM THAT YOU MAY HAVE AGAINST ANY OF THE MUREX PARTIES WHICH ARISES OUT OF OR IS RELATED TO THIS AGREEMENT OR OTHERWISE YOUR USE OF THE WEBSITE OR USE OF ANY OF OUR PRODUCTS MUST BE FILED BY YOU PURSUANT TO THIS SECTION 13 WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
14. Assignment. You shall not resell or assign your rights, duties or obligations under this Agreement and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Murex, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limitation of the foregoing, we may sell, transfer or otherwise share some or all of our assets, including without limitation your PII, with any parent company, subsidiary, affiliate, joint venture, or with a potential acquirer, including without limitation in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such an event, the PII we have collected from you may be one of the assets transferred.
15. No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Murex does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Murex has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Murex’s rights, and all such rights or remedies shall still be available to Murex.
16. General. If any provision of this Agreement is held to be invalid by the arbitrator or a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement and any ancillary terms and conditions referenced herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement shall survive termination or expiration to the extent necessary to carry out the obligations of you and Murex hereunder.
17. Contact Us. If you have any questions or concerns regarding the Website or our products, please contact us by e-mail at email@example.com or write to us at Murex Industries, Inc., 155 Oberlin Ave North, Unit C, Lakewood, NJ 08701.