Use of Site
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests. You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the vendor and are not made by us. We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to 9th Mile or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to 9th Mile or its affiliates. All software used on this Site (the “Software”) is the property of 9th Mile, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. 9th Mile, 9thmile.com and other logos, design logos, taglines, slogans, trade names or words are registered trademarks, trademarks or service marks of 9th Mile, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
Risk of Loss; Other Terms of Sale
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Disclaimer and Limitation of Liability
Except as otherwise provided in the standard terms of sale that govern the sale of each product on this site, a copy of which you may access here. This site, the products offered for sale on it and the transactions conducted through it are provided by us on an “as is” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and system integration. THis site may include inaccuracies, mistakes or typographical errors. We do not warrant that the content will be uninterrupted or error free. To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, our total liability to you for any aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.
Independence of Vendors and Food Allergies
The vendors selling products using 9th Miles’ services (the “Makers”) are independently owned and operated businesses and are independent contractors. The Makers are not 9th Miles’ agents, partners, or employees and do not speak for or on behalf of 9th Mile or bind 9th Mile to any contracts or obligations. We are not responsible for any of the acts or omissions of the Makers including, without limitation, in connection with their provision of products or services to you or fulfillment of orders placed by you through 9th Mile.
9th Mile makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, or material accessible thereon. Because the Makers are independent contractors, 9th Mile does not make any representations or warranties that the product information provided on the Site or mobile device application (“App”), including without limitation ingredients, product dates, and product condition, is accurate, complete, correct, adequate, useful, timely, reliable, or otherwise. USERS WITH FOOD ALLERGIES MAY NOT RELY ON THE INFORMATION PROVIDED ON THE SITE OR APP, AND ARE ADVISED TO CHECK THE LABEL ON ANY PRODUCT OBTAINED THROUGH 9th Miles’ SERVICES BEFORE OPENING OR CONSUMING SUCH PRODUCT. ALL USERS WAIVE AND HOLD HARMLESS 9th Mile FROM ANY CLAIMS RESULTING FROM AN ALLERGIC REACTION TO A PRODUCT PURCHASED THROUGH 9th Mile, OR FROM THE CONDITION OF A PRODUCT PURCHASED THROUGH 9th Mile TO THE EXTENT SUCH CONDITION IS INCONSISTENT WITH THE INFORMATION ON THE SITE OR APP.
Indemnification Including Product Condition and Allergies
You agree to indemnify and hold harmless 9th Mile, its affiliates and subsidiaries, and all of their respective managers, members, directors, officers, agents, employees, suppliers, vendors, and service providers from any claims, judgments, liability, and expenses, including reasonable attorney’s fees, whether in tort, in contract, or otherwise, that it or any of them may incur by reason of or arising out of any claim, including claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party relating to your breach of these Terms or your use, authorized or unauthorized, of the Site. You specifically agree to indemnify and hold harmless 9th Mile and the above-listed parties from any claim made by a user relating to the condition of a product or products provided by you, including without limitation any claims stemming from a user’s allergic reaction to such products.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses. No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.