WEBSITE TERMS AND CONDITIONS – LAST UPDATED: September 27, 2023

Thank you for visiting our website. This Website is owned and operated by Mayim Leathers LLC. These Terms and Conditions govern Mayimleathers.com and any other website or mobile app operated by Mayim Leathers or using the Mayim Leathers brand name (the “Website”). Please read the Website’s Terms and Conditions carefully before using this Website. By using this Website, you agree to be bound by all terms and conditions contained in these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or otherwise use this Website. The Website is not intended for use by those under the age of 13 or the legal age of majority in their state of residence.

We may, in our sole discretion, modify these Terms and Conditions with or without notice to you. The “Last Updated” date at the top of these Terms and Conditions will indicate when the latest modifications were made. By continuing to access and use the Website after these Terms and Conditions are modified, you agree to such modifications. Therefore, you should review these Terms and Conditions before each use of the Website. In addition, when using particular services or features or making purchases at the Website, you will be subject to any guidelines or policies applicable to such services, features, or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms and Conditions.

THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN THE SECTION ENTITLED “DISPUTE RESOLUTION-ARBITRATION IF A DISPUTE ARISES” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST MAYIM LEATHERSON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST MAYIM LEATHERS IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

We are always ready to address your questions and concerns regarding this policy and our privacy practices. If you would like to speak to a Customer Service representative, please use our Contact Us page, or email us at contact@mayimleather.com or contact support.

ELIGIBILITY

By using our website, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our website with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent and are fully able and competent to enter the terms, conditions, representations, and warranties outlined in the Terms and Conditions; otherwise, please exit the Website.

MERCHANDISE AVAILABILITY

Availability of merchandise on our Website is not guaranteed. If merchandise is not available by the time your order is processed, we will notify you via email. You can verify availability by reaching out to a Customer Service representative through our Contact Us page. You will receive a shipping confirmation email once your items have shipped.

MERCHANDISE INFORMATION

All merchandise features and specifications described or depicted on the Website are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of merchandise, including the applicable colors; however, the actual color you see will depend on your monitor or mobile device, and we cannot guarantee that your computer will accurately display such colors.

ACCURACY OF INFORMATION

Information on our Website may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have completed the checkout process).

ORDER OFFER AND ACCEPTANCE

Product listings are not an offer. They are an invitation for you to make an offer to purchase that item. Completing the checkout page creates such an offer by you. Mayim Leathers LLC. accepts that offer by completing the shipment of your order. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your offer, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your offer to accept or decline your offer for any reason or for no reason at all. Among other things, if we discover a pricing error on our website, we reserve the right to refuse to sell the product to you at the listed price. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service.

PRICES AND ERRORS IN PRICES

The product listing pages on our website make a good faith effort to list the prices that we intend to charge upon receipt of an offer from you. But despite our efforts, errors can occur. In the event of such an error, we reserve the right to decline to sell the product to you at the listed price, even if you have completed the checkout process.

SALES TAX

Sales tax will be determined and charged as of the time of shipping on orders shipped within the US, Sales tax shown in the checkout process may be incorrect in amount or application. We reserve the right to adjust the amount charged at any time to reflect the correct sales tax amount regardless of what is shown in the checkout process. In the event of errors in our sales tax calculation process, we reserve the right to collect estimates of sales tax and to later adjust the associated charges in an upward or downward reconciliation.

PURCHASE POLICIES

If you make a purchase at this Website, your purchase will be charged to your method of payment, which you agree to pay consistent with the applicable agreement with the provider of that method. Your purchase will be subject to additional purchase terms and conditions (collectively, “Purchase Policies”) appearing on the Shipping, Returns & Exchanges, and Taxes pages, which are hereby incorporated into and made part of these Terms and Conditions.

PRIVACY POLICY

Use of the Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms and Conditions. Please carefully review our Privacy Policy. By using the Website, you agree to be bound by the terms of our Privacy Policy.

INTELLECTUAL PROPERTY

You acknowledge that all materials at this Website, including the Website’s design, graphics, text, sounds, pictures, software, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Mayim Leathers LLC. Except as expressly authorized by these Terms and Conditions, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works, or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Mayim Leathers LLC or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress, and logos (collectively, “Marks”) contained or described at the Website are the sole property of Mayim Leathers LLC and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Mayim Leathers and/or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are the property of Mayim Leathers and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of Mayim Leather LLC. Mayim Leathers LLC reserves the right to enforce its intellectual property rights to the fullest extent of the law.

THIRD-PARTY WEBSITES

Links at the Website to third-party websites are provided only as a convenience to you. If you use these links, you will leave the Website. Mayim Leathers does not control or endorse any such third-party websites. You agree that Mayim Leathers LLC, as defined below, will not be responsible or liable for any content, goods, or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.

WEBSITE USE

If you provide information at the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or Mayim Leathers has reasonable grounds to suspect that such information is false, inaccurate or outdated, Mayim Leathers has the right to suspend or terminate your account and prohibit any and all current or future use of the Website (or any portion thereof) by you.

You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Mayim Leathers of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the Website, including charges resulting from unauthorized use of your account before your taking steps to prevent such occurrence by changing your password and notifying Saks OFF 5TH. The Saks Parties cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

You agree to use the Website only for lawful purposes and that you are responsible for your use of and communications at the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Website.

You further agree that you will not access this Website by any means except through the interface provided by Mayim Leathers for access to the Website. Creating or maintaining any link from another website to any page on the Website without the prior authorization of Mayim Leathers is prohibited. Running or displaying this Website or any information or material displayed at the Website in frames or through similar means on another website without the prior authorization of Mayim Leathers is prohibited. Any permitted links to this Website must comply with all applicable laws, rules, and regulations.

Mayim Leathers makes no representation that Materials contained at the Website or products described or offered at the Website are appropriate or available for use in jurisdictions outside the United States, or that these Terms and Conditions comply with the laws of any other country. Visitors who use the Website and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website from any territory where its contents are illegal and that you, and not the Mayim Leathers LLC, are responsible for compliance with applicable local laws.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you either through the Website, by email, via social media or in any other way. Unless otherwise expressly agreed in writing before your submission to us, any comments, feedback, information or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. All comments, feedback, information or other material submitted shall be and remain property of Mayim Leathers and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

TERMINATION

You agree that Mayim Leathers may terminate or suspend your access to all or part of this Website, without notice, for any conduct that Mayim Leathers LLC in its sole discretion, believes violates these Terms and Conditions or any applicable law or is harmful to the interests of another user or the Saks Parties. Notwithstanding such termination or suspension, you will continue to be subject to the “Intellectual Property,” “Warranties, Disclaimers and Limitations of Liability,” “Indemnification,” “Applicable Law and Jurisdiction” “Dispute Resolution-Arbitration if a Dispute Arises” and “Customer Ratings and Reviews Terms of Use” sections of these Terms and Conditions.

Mayim Leathers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms and Conditions, you agree that Saks Parties shall not be liable to you or any third party for any modification, suspension or discontinuation of the Website.

WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Your use of the Website is at your sole risk. The Website and the materials contained herein are provided on an “as is” and “as available” basis. the Mayim Leathers LLC  make no warranty that: (i) the Website will meet your requirements; (ii) the Website will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through the Website will meet your expectations or needs; and (v) any errors in the Website will be corrected.

All products and services purchased on or through the Website are subject only to any applicable warranties. Without limiting the generality of the foregoing Mayim Leathers LLC expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.

The Mayim Leathers shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Website, including any liability: (i) as a publisher of information; (ii) as a reseller of any products or services; (iii) for any incorrect or inaccurate information; (iv) for any unauthorized access to or disclosure of your transmissions or data; (v) for statements or conduct of any third party on the Website; or (vi) for any other matter relating to this Website or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Mayim Leathers and you. The products, information and services offered on and through the Website would not be provided without such limitations.


Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Mayim Leathers against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of or conduct at the Website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website, your breach of these Terms and Conditions, your infringement or violation of any rights of another, or termination of your access to the Website.

DISPUTE RESOLUTION-ARBITRATION IF A DISPUTE ARISES

YOU AND MAYIM LEATHERS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Mayim Leathers agree that any controversy, claim, action, or dispute between you and Mayim Leathers LLC its affiliated companies and their respective officers, directors, employee, agents or contractors arising from or relating to any interaction with Mayim Leathers(“Dispute”), will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).

Informal Dispute Resolution.

 Before initiating any arbitration, you must first present any Dispute to Mayim Leathers by contacting us at contact@mayimleathers.com to allow for an opportunity to resolve the Dispute. You or we may initiate arbitration if your Dispute cannot be resolved within 60 days.

Both you and Mayim Leathers agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any arbitration or filing any claim against the other party.

CUSTOMER RATINGS AND REVIEWS TERMS OF USE

These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Mayim Leathers LLC (the “CRR Service”). To the extent of any conflict between Mayim Leathers Privacy Policy and these Terms of Use, these Terms of Use shall control the CRR Service.

By submitting any content to Mayim Leathers LLC you represent and warrant that:

•  you are the sole author and owner of the intellectual property rights thereto.
•  all “moral rights” that you may have in such content have been voluntarily waived by you.
•  all content that you post is accurate.
• you are at least 13 years old (and if between 13 and 18, you have permission from your parent or legal guardian);
•  use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
•  You further agree and warrant that you shall not submit any content:
•  that is known by you to be false, inaccurate or misleading.
•  that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
•  that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
•  that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation.
• that includes any information that references other websites, addresses, email addresses, contact information or phone numbers.
• that contains any computer viruses, worms or other potentially damaging computer programs or files.

For any content that you submit, you grant Mayim Leathers perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell, and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Mayim Leather’s sole discretion. Mayim Leathers reserves the right to change, condense or delete any content on Mayim Leathers website that Mayim Leathers deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms and Conditions. Mayim Leathers does not guarantee that you will have any recourse through Mayim Leathers to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Mayim Leathers reserves the right to remove or to refuse to post any submission if it is inappropriate under the circumstances. You acknowledge that you, not Mayim Leathers LLC are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Mayim Leathers LLC’s agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers, and employees.

By submitting your email address in connection with your rating and review, you agree that Mayim Leathers may use your email address to contact you about the status of your review and other administrative purposes.

RETURNS & EXCHANGES

Returns and Exchanges are subject to our Return Policy in our website which is hereby incorporated into and made part of these Terms and Conditions.