Last Updated: February 2008
5MINMYSTERY.COM
TERMS OF SALE AGREEMENT
Welcome to the 5MinMystery.com web site ("Site"). Please note, if you purchase any Products, Services, Memberships or Subscriptions on this Site you hereby agree to this Terms of Sale Agreement ("Agreement") as well as our Terms of Service and Privacy Policy. Please note, Mystery Competition, LLC., the company that owns and operates the Site (hereinafter "MCL"), reserves the right to change this Agreement without notice to you so please be sure to check this Agreement prior to any purchase on the Site. The date of the current Agreement will always be included at the top of this page.
I. PERSONAL NON-COMMERCIAL USE
All Products, Services, Memberships and Subscriptions you purchase on the Site (collectively "Products and Services") are offered solely for your personal, non-commercial use. The delivery of any Products and Services to you does not transfer any commercial or promotional rights in the Products and Services. You may not resell, rent, lease or provide the Products or Services to any person and you shall not modify, publish, participate in the transfer or sale of, reproduce (except for as otherwise provided for in the Terms of Service), or create new works from, any of the Products or Services in whole or in part. You are specifically prohibited from using any of the Products or Services to send commercial advertising or mass mailings of any kind. MCL reserves the right to terminate your Personal Account for violation of any of these rules.
II. MCL'S OPERATION OF SITE
MCL may change, suspend or discontinue any aspect of the Products and Services at any time, including the availability of any feature or content. MCL may also impose limits on certain features and services or restrict your access to parts or all of the Product and Services without notice or liability.
III. REGISTRATION AND SECURITY
Registration
If you purchase any Products or Services on the Site you will be required to register and set up a personal account ("Personal Account"). You are responsible for the accuracy of the information included in your Personal Account. Your Personal Account will be protected in accordance with our Privacy Policy. You are responsible for: (1) keeping your Personal Account up to date and updating information as necessary; and (2) maintaining the confidentiality of your Personal Account including all registration information and any passwords assigned to you. You agree to accept responsibility for all activity that occurs on your Personal Account. You may not: (1) use an account of another person with the intent to impersonate that person; or (2) use an account to which another person has rights without such person's authorization. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your Personal Account.
Unauthorized Use of Your Personal Account
You are responsible for all usage or activity on your Personal Account, including the use of the account by any third party authorized by you to use your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Personal Account and any Memberships and/or Subscriptions, at the sole discretion of MCL. MCL reserves the right to disclose any personal information included in your Personal Account or related to your use of the Site, Products and Services, to third parties in the course of investigating abuse of our Products and Services and to forward such information to appropriate law enforcement agencies.
Notice of Unauthorized Use of Personal Account
You must notify MCL of any known or suspected unauthorized use(s) of your Personal Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. Children Under 18
If you are under the age of 18, you may only purchase Products or Services with the permission of a parent or guardian. MCL reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
IV. FEES AND TAXES
Fees
You are responsible to pay all fees and charges incurred through your purchase of any Products or Services at the rates in effect for the billing period in which such fees and charges are incurred. MCL reserves the right in its sole discretion to bill fees and charges to any of the payment methods you have included in your Personal Account. Billing occurs at the time of purchase. MCL does not provide price protection or refunds if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products and/or Services purchased on a non-Subscription basis (individual downloads, shipped products) and/or promotional offerings are non-refundable. For Subscription refunds see Subscriptions paragraph below.
Taxes
All purchases include applicable taxes in effect at the time of purchase. No customers are eligible for tax exemptions for purchases made on this Site.
V. SUBSCRIPTIONS AND TRIAL PERIODS
Non Trial Subscriptions
If you subscribe to become a MCL Member we will charge the annual Subscription fee to your payment method at the time of purchase. You may cancel your Membership and request a refund only within thirty (30) days after your payment has been processed. Instructions for requesting a cancellation can be found at the end of this Agreement under MCL Customer Service.
Subscription Renewals
Your Subscription will automatically be renewed at the end of the Subscription term unless: (1) you cancel your renewal during your annual Subscription period; or (2) you request a cancellation within thirty (30) days after your renewal payment has been processed. Instructions for requesting a cancellation can be found at the end of this document under MCL Customer Service.
Trial Periods
In order to allow our customers an opportunity to "sample" our Products and Services, occasionally we offer trial periods during which customers register for a Subscription and enjoy all of the Subscription benefits. If you sign up for a trial period and cancel during such trial period the payment information provided will not be billed. If you do not cancel during the trial period we will automatically charge your credit card the Subscription fee. No refunds will be issued after the trial period.
VI. METHODS OF PAYMENT
Credit Card Payment
If you elect to pay for Products and Services by providing MCL with a credit card account number (either on the Site or by phone), MCL will charge the then-current price directly to your credit card. If you have purchased a Subscription, MCL will automatically renew your Subscription and charge your credit card account annually at the then-current Subscription fee.
Checking Account Payment
If you elect to pay for Products and Services by providing MCL your checking account number (either on the Site or by phone), MCL will debit the then-current price directly from your account. MCL also charges a separate service fee to offset the cost of this method of billing. If you have purchased a Subscription, MCL will automatically renew your Subscription and debit your account annually at your original Subscription price plus a service fee. The service fee is non-refundable. In no event will MCL be liable for any NSF or other bank fees resulting directly or indirectly from any debits to your checking account.
Premium SMS Billing
Certain Products and Services can be purchased through Premium SMS Billing. These charges are processed by your mobile phone carrier, and third parties designated by your carrier. The charges will appear on your mobile phone bill during the next billing cycle after your purchase. Purchases made by Premium SMS are final and non-refundable, even in the event of technical incompatibility or non-functionality of the content. Questions or problems relating to Premium SMS Billing should be addressed to your mobile phone carrier.
VII. THIRD PARTY PRODUCTS AND SERVICES
Third parties offer products and services for sale on the Site and/or via links to third party sites. MCL is not responsible for, and does not warrant the products and services offered by third parties. MCL does not assume any responsibility or liability for the products and/or services offered by third parties. Please be sure to review these third parties terms of sale, Terms of Service and privacy policies prior to purchasing any products and/or services.
VIII. WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MCL IS NOT RESPONSIBLE FOR ANY FAILURE OF THE PRODUCTS AND SERVICES. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. MCL IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE PRODUCTS, SERVICES AND/OR SITE.
IX. MISCELLANEOUS
Choice of Law and Enforcement
This Agreement applies to all purchases of Products and Services and is governed by and construed in accordance with the laws of the State of Ohio. Any dispute arising between you and MCL will be submitted to binding arbitration in Cleveland, Ohio in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes, provided that no disputes may be arbitrated on a collective or class action basis. If any portion of this Agreement is deemed invalid or unenforceable that portion will be deemed severable and will not affect the validity or enforceability of this Agreement.
MCL Communication
MCL reserves the right to send you electronic mail regarding billing, administrative, or legal matters relating to the purchase of Products and Services.
Customer Service
If you have any questions regarding this Agreement, or wish to request a cancellation of any Subscription or Membership, please e-mail us at HELP@5minmystery.com for further instructions.
2008 Mystery Competition, LLC. All Rights Reserved.