Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics, photographs, images, illustrations, audio and video clips or any other type of content, or code is copyrighted as a collective work and/or compilation under the United States and other copyright laws and international intellectual property treaties, is the property of or has been licensed to Mesh Networks, LLC, and is copyright 2005-2014 Mesh Networks, LLC. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of the content of this site for the sole purpose of placing an order with Mesh Networks, LLC or purchasing Mesh Networks, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Mesh Networks, LLC or to purchase Mesh Networks, LLC products. Any other use, including but not limited to the reproduction, distribution, publishing, broadcasting, display or transmission of the content of this site is strictly prohibited, unless expressly authorized in writing in advance by Mesh Networks, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Mesh Networks, LLC used in the site are trademarks or registered trademarks of Mesh Networks, LLC
This site is provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Mesh Networks, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Mesh Networks, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Mesh Networks, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. MESH NETWORKS, LLC does not MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THIS site.
Each user should understand that from time to time this site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Mesh Networks, LLC may undertake from time to time; or (iii) causes beyond the control of Mesh Networks, LLC or which are not reasonably foreseeable by Mesh Networks, LLC.
Each user shall be solely responsible for the security, confidentiality and integrity of all content that user receives, transmits through or stores on this site. Each user shall be solely responsible for any authorized or unauthorized access to such user’s account by any person. Each user agrees to bear all responsibility for the confidentiality of such user’s password and all use or charges incurred from use of this site with user’s password.
Limitation of Liability
Mesh Networks, LLC shall not be liable for any INDIRECT, INCIDENTAL, special, consequential OR PUNITIVE damages that result from the use of, or the inability to use, the materials on this site or the performance of the products SOLD PURSUANT TO THIS SITE, even if Mesh Networks, LLC has been advised of the possibility of such damages. WITHOUT ANY LIMITATION ON THE PRECEDING, THE TYPES OF DAMAGES WITH RESPECT TO WHICH MESH NETWORKS, LLC SHALL NOT BE LIABLE INCLUDE USER’S USE OR INABILITY TO USE THIS site, ANY CHANGES TO OR INACCESSIBILITY OF THIS SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THIS SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THIS SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL MESH NETWORKS, LLC’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL AMOUNTS PAID BY USER TO MESH NETWORKS, LLC PURSUANT TO THIS SITE. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Mesh Networks, LLC product is mistakenly listed at an incorrect price, Mesh Networks, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Mesh Networks, LLC reserves 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, Mesh Networks, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Terms and Modification
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. Mesh Networks, LLC shall have the right, at any time and without notice, to add to or modify these terms and conditions, simply by delivering such amended terms and conditions to a user by email at the address provided to Mesh Networks, LLC by user or by posting such amended terms and conditions on this site. Each user’s access to or use of this site after the date such amended terms and conditions are delivered to such user or are posted shall be deemed to constitute acceptance of such amended terms and conditions.
Mesh Networks, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Mesh Networks, LLC.
Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Mesh Networks, LLC products) shall be in the state or federal courts located in Harris County, Texas. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL OBJECTIONS WHICH ANY PARTY MAY NOW OR HEREAFTER HAVE TO THE EXERCISE OF PERSONAL AND SUBJECT MATTER JURISDICTION BY THE FEDERAL OR STATE COURTS IN THE STATE OF TEXAS AND TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH FEDERAL OR STATE COURT IN THE STATE OF TEXAS. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Mesh Networks, LLC products) must be commenced within the sooner of (a) two (2) years and one (1) day after the claim or cause of action arises or (b) the expiration of the statute of limitation relating to such cause of action or claim. Mesh Networks, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. No waiver shall be binding unless executed in writing by the party making the waiver. If any provision of these terms and conditions is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Mesh Networks, LLC may assign its rights and duties under these terms and conditions to any party at any time without notice to you. If Mesh Networks, LLC must bring any action in law or in equity to enforce these terms and conditions, it shall be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which it may be entitled.
Use of Site
Each user is solely responsible for any and all acts and omissions that occur under user’s account or password, and user agrees not to engage in unacceptable use of this site, which includes, without limitation, use of this site to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, abusive, vulgar, threatening or malicious, libelous, defamatory, invasive of privacy or publicity rights, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law ; (c) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on this site or any other computer network; (g) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or (h) engage in any other activity deemed b Mesh Networks, LLC to be in conflict with the spirit or intent of these terms and conditions. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Mesh Networks, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Mesh Networks, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Mesh Networks, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, (d) offensive or otherwise unacceptable to Mesh Networks, LLC in its sole discretion, or (e) otherwise violates the “Use of Site” section above.
You agree to indemnify, defend, and hold harmless Mesh Networks, LLC, its officers, directors, managers, members, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account or this site (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Mesh Networks, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Mesh Networks, LLC, Mesh Networks, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Mesh Networks, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Mesh Networks, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
By each user’s use of this site, such user represents and warrants to Mesh Networks, LLC that: (a) such user is over the age of eighteen (18) and has the power and authority to enter into and perform such user’s obligations undertaken pursuant to this site; (b) all information provided by such user to Mesh Networks, LLC will be truthful, accurate and complete; (c) such user will be the authorized signatory of the credit or charge card provided to Mesh Networks, LLC in connection with the use of this site; (d) such user shall comply with all of these terms and conditions; and (e) such user has provided and will provide accurate and complete registration information, including, without limitation, such user’s legal name, address and telephone number.