Terms and Conditions of Use Agreement
This Agreement sets forth the legally binding terms and conditions governing your use and purchase of the Goods and Service.
BY ACCESSING OR USING ANY PARTS OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND LIABILITY LIMITATIONS TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE OUR SERVICES.
Acceptance of the Terms
The Website facilitates interactions between users making it easier to locate, communicate, arrange payment, and deliver the services in a fast and secure manner (the “goods” or “Services”).
You accept these Terms by registering for the Site or Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Miz En Place in the user interface.
Miz En Place is an eCommerce Site
Miz En Place acts as an eCommerce venue to allow users who comply with our policies to offer, sell, and/or buy certain food items and related goods or services. Miz En Place does pre-screen users and/or the content or information provided by users and thus Miz En Place is directly involved in the transactions between buyers and sellers.
Users or Vendors utilizing Miz En Place as an avenue to sell their products or services have control over the quality, safety, morality, or legality of any aspect of the items listed, the truth or accuracy of the listings, or the ability of sellers to sell items.
You agree that Miz En Place is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Miz En Place. You use the Miz En Place service at your own risk.
Miz En Place does not guarantee same-day shipping on any order. The shipping guidelines published on this website are not guarantees of a shipping or arrival date, they are estimates.
Policies For Children
You must be, and represent that, you are of legal age (18 years of age or older, or, if you have parental consent, at least 13 years old), to use the Services. By using the Services, you represent that you meet this minimum age requirement. If you are using the Services on behalf of any third party, you are representing to us that you are an authorized representative of that third party, and that your use of the Site constitutes the third party’s acceptance of these Terms. Additionally, if Miz En Place has previously prohibited you from accessing the Site or the website of any of our affiliates, you may not access the Site or Services.
You must be at least twenty-one (21) years old to purchase alcoholic beverages. By doing so, you represent that you meet this minimum age requirement.
In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the ‘Account’).
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including: Email, physical address, telephone number, and more.
Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.
Keep your password secure. You are fully responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Miz En Place of any unauthorized use of your password or any breach of security. You also agree that Miz En Place cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
You must keep your account information up-to-date and accurate at all times, including a valid email address.
You may not transfer or sell your Miz En Place account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service
Miz En Place’s services are not available to temporarily or indefinitely suspended Miz En Place members. Miz En Place reserves the right, in Miz En Place’s sole discretion, to cancel unconfirmed or inactive accounts. Miz En Place reserves the right to refuse service to anyone, for any reason, at any time.
Listing and Selling
By listing an item on the Site you warrant that you and all aspects of the item comply with Miz En Place’s policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Miz En Place shop. Your listings may only include text descriptions, graphics, pictures, and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
All sellers are urged to outline shop policies for their Miz En Place shop. These policies may include, for example: shipping, returns, payment, and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Miz En Place’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Miz En Place reserves the right to request that a seller modify a shop policy.
All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive handling fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Miz En Place transaction fees, misrepresent the item’s location, or use another user’s account without permission.
Prohibited Activities & Rules of Conduct
You are solely responsible for your conduct and activities on and relating to Miz En Place and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Miz En Place.
You agree that you will not violate any applicable state, federal laws, regulations or ordinances in connection with your use of the Services or any Goods purchased through the Services.
You agree that you are responsible for complying with all laws, rules and regulations in your jurisdiction regarding the Services and any Goods purchased through the Services, including the purchase and possession of alcoholic beverages. Miz En Place makes no representation or warranty regarding the legality of purchasing any of the Goods in your jurisdiction.
You agree that you are responsible for all of the conduct in which you engage using your account, and all charges that you incur using your account, whether or not you performed or authorized them.
Your Content and your use of Miz En Place shall not:
- Be false, inaccurate, or misleading
- Be fraudulent or involve the sale of illegal, counterfeit, or stolen items
- Infringe upon any third party’s copyright, patent, trademark, trade secret, or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising)
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate, or intimidate any person (including Miz En Place staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information
- Host images not part of a listing
- Link directly or indirectly, reference or contain information about goods or services offered external to Miz En Place.
- Modify, adapt, or hack Miz En Place or modify another website so as to falsely imply that it is associated with Miz En Place
- Appear to create liability for Miz En Place or cause Miz En Place to lose (in whole or in part) the services of Miz En Place’s ISPs or other suppliers
By posting Content on Miz En Place, it is possible for an outside website or a third party to re-post that Content. You agree to hold Miz En Place harmless for any dispute concerning this use. If you choose to display your own Miz En Place-hosted image on another website, the image must provide a link back to its listing page on Miz En Place.
Links and Third-Party Content
The Services may contain links. Such links are provided for informational purposes only, and Miz En Place does not endorse any website or services through the provision of such a link.
The Services may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third parties. Miz En Place does not endorse any third-party content that may appear on the Services, or that may be derived from content that may appear on the Services, even if Miz En Place summarized, collected, reformatted or edited that content.
Miz En Place does its very best to control the Content provided by users that is made available on Miz En Place. You may find some Content to be offensive, harmful, or inaccurate. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Miz En Place, you agree to accept such risks and that Miz En Place (and Miz En Place’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Miz En Place. Please use caution, common sense, and practice safe buying and selling when using Miz En Place.
Miz En Place is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Miz En Place does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Miz En Place shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Resolution of Disputes and Release
In the event a dispute arises between you and Miz En Place, please contact Miz En Place. Should you have a dispute with one or more users, or an outside party, you release Miz En Place (and Miz En Place’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Miz En Place encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Miz En Place, for the benefit of users, may try to help users resolve disputes. Miz En Place does so in Miz En Place’s sole discretion, and Miz En Place has no obligation to resolve disputes between users or between users and outside parties. To the extent that Miz En Place attempts to resolve a dispute, Miz En Place will do so in good faith based solely on Miz En Place’s policies. Miz En Place will not make judgments regarding legal issues or claims.
MIZ EN PLACE, MIZ EN PLACE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND MIZ EN PLACE’S SUPPLIERS PROVIDE MIZ EN PLACE’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MIZ EN PLACE, MIZ EN PLACE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND MIZ EN PLACE’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MIZ EN PLACE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL MIZ EN PLACE, AND (AS APPLICABLE) MIZ EN PLACE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR MIZ EN PLACE’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, MIZ EN PLACE’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. MIZ EN PLACE’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MIZ EN PLACE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MIZ EN PLACE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD MIZ EN PLACE AND (AS APPLICABLE) MIZ EN PLACE’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Miz En Place does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Miz En Place’s control.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Miz En Place’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Miz En Place are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Miz En Place Service
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, in the United States of America and disputes arising under this Agreement will be adjudicated by the courts of the State of California.
Except as explicitly stated otherwise, any notices shall be given to the email address you provide to Miz En Place (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
If you choose to, or must, provide us with notice, please do so in writing and addressed to: firstname.lastname@example.org
Our Intellectual Property
Miz En Place’s graphics, logos, names, designs, page headers, button icons, scripts, and service names are trademarks, trade names and/or trade dress of Miz En Place. The “look” and “feel” of the Services (including color combinations, button shapes, layout, design and all other graphical elements) is protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are the property of Miz En Place or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
You acknowledge that the software used to provide the Services, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain the sole and exclusive property of Miz En Place and/or its licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.