Terms of Use

Updated: December 2019

Welcome to the Major Trading Inc. Internet Site. Please review these site terms of use (“Terms of Use”) as they govern your use of and purchase of products from our site. BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING, WITHOUT LIMITATION, BINDING ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT USE THIS SITE.

Major Trading controls and operates this site from its offices within the United States. Claims relating to, including the use of, this site and the materials contained herein are governed by the laws of the United States and the State of California, without regard for its conflicts of law provisions.

MANDATORY ARBITRATION

These Terms of Use and your use of the Site are governed by the laws of the State of California, U.S.A. In the event of any controversy or dispute arising out of or relating to the Terms of Use, the parties to such controversy or dispute shall meet and seek resolution in good faith. Any controversy or claim arising out of or relating to the Terms of Use or the breach thereof, which is not resolved within thirty (30) days or such longer period as may be mutually agreed upon between the parties, will be submitted to binding arbitration in accordance with the procedures set forth below.

Arbitration Procedure. Any such binding arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. One arbitrator shall be appointed in accordance with the rules of the AAA. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Award. The arbitrator’s decision and award shall be in writing, and counterpart copies thereof shall be delivered to each of the parties simultaneously. In rendering such decision and award, the arbitrator shall not add to, subtract from or otherwise modify the provisions of this agreement or any agreement entered into pursuant hereto. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees. Under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waive any and all rights to have damages multiplied or otherwise increased.

LIMITATION OF OTHER PROCEEDINGS AND CLASS ACTION WAIVER

Each party agrees that it will not file (nor will it cause any other person or entity to file) any suit, motion, petition, or otherwise commence any legal action or proceeding which may be submitted to arbitration pursuant to this Agreement. Upon the entry of an order dismissing or staying any such action or proceeding in a court, the party which filed such action or proceeding shall promptly pay to the other party the attorneys’ fees, costs, and expenses incurred by such other party prior to the entry of such order. Moreover, BY AGREEING TO ARBITRATION IN ACCORDANCE WITH THIS PROVISION, YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY ACTION AGAINST MAJOR TRADING REGARDING ANY CLASS CLAIM YOU MAY HAVE AGAINST MAJOR TRADING, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

Except as provided above with respect to jurisdiction in Los Angeles, California and Manhattan, New York, New York, nothing in this arbitration provision shall be construed as consent by Major Trading or its affiliates to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Major Trading Services or this Agreement.

SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS

The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Major Trading or its subsidiaries and affiliates ("Major Trading") or are the property of their respective owners. The name Major Trading and the Major Trading logo are registered marks.

Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:

(1) placing an order with Major Trading; or

(2) using this Site as a shopping resource, provided you do not modify the Site and that you retain, without modification, all copyright and other proprietary notices contained in the Contents.

Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of Major Trading or the applicable copyright owner.

Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws, and, without the prior written permission of Major Trading, is strictly prohibited.

If you choose to leave this Site via links to other non-Major Trading sites, Major Trading is not responsible for the terms of use, privacy policies or the cookies those sites use. Additionally, because Major Trading does not control non-Major Trading sites or the products advertised therein, you acknowledge and agree that Major Trading is not responsible for the availability of such non-Major Trading sites or products, and is neither responsible nor liable for any content, advertising, products, or other materials on or available from such sites. In no event shall any reference to any non-Major Trading site, product or service be construed as an approval or endorsement by Major Trading of such site, product or service. Please see our Privacy Policy for further details.

DISCLAIMER OF WARRANTY

MAJOR TRADING IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH MAJOR TRADING BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, MAJOR TRADING DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

DISCLAIMER OF LIABILITY

IN NO EVENT SHALL MAJOR TRADING BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (COLLECTIVELY, “DAMAGES”), INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF MAJOR TRADING’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

In an effort to provide our customers with the most current information, Major Trading will, from time to time, make changes in the Contents and in the products or services described on this Site.

You agree to indemnify and hold Major Trading (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses or damages relating to defending such claims, arising out of or related to a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.

ABOUT OUR PRICES

We may revise the pricing for products and services we offer. When you place your order, we estimate applicable tax and include that estimate in the total for your convenience. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.

USER COMMENTS, FEEDBACK, AND OTHER INFORMATION AND SUBMISSIONS PROVIDED BY YOU

You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Major Trading ("Transmissions") shall be and remain Major Trading's property. By submitting any Transmissions to Major Trading, you represent and warrant that:

you are the sole author and owner of the Transmission and any intellectual property rights thereto;
all "moral rights" that you may have in such Transmission have been voluntarily waived by you;
all Transmissions that you post are accurate;
you are at least 13 years old; and
use of the Transmission 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 Transmission:

that is known by you to be false, inaccurate or misleading;
that infringes any third party's intellectual property rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation;
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;
for which you were compensated or granted any consideration by any third party;
that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
that contains any computer viruses, worms or other potentially damaging computer programs or files.

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

Major Trading reserves the right to change, condense or delete any Transmission that Major Trading deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Major Trading does not guarantee that you will have any recourse through Major Trading to edit or delete any Transmission you have submitted. Major Trading reserves the right to remove or to refuse to post any Transmission for any reason. You acknowledge that you, not Major Trading, are responsible for the contents of your Transmission. None of the content that you submit shall be subject to any obligation of confidence on the part of Major Trading, its 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 Transmission, you agree that Major Trading and its third-party service providers may use your email address to contact you about the status of your Transmission and other administrative purposes.

SECURITY

In using this Site, you agree to the following:

(a) you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of this Site;

(b) you will not to violate or attempt to violate the security of this Site, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; or (iii) attempt to transmit any "virus", "Trojan horse" or other software destruction or disruption device; and

(c) you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of this Site.

Major Trading may revise these terms of use by updating this posting. You agree that in the event any portion of these Site terms of use is found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current terms of use to which you are bound.

NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to info@majortradinginc.com . You may also contact us by writing to Major Trading, Inc., 659 South 6th Ave, City of Industry, CA 91746 Attn: Customer Relations or by calling (626) 333-6011. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

MOBILE TERMS OF USE

Major Trading Recurring Offers

Major Trading Recurring Offers allows customers to receive recurring promotional text messages containing offers from Major Trading. Customers wishing to participate in Major Trading Recurring Offers must opt-in and agree to these Mobile Terms of Use by taking any of the following affirmative steps: (i) entering their mobile telephone number on Major Trading's E-mail Sign Up and Mobile Opt-in webpage. Message and data rates may apply. Text messages from Major Trading may be sent using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services from Major Trading.

By subscribing to Major Trading Recurring you are providing your electronic signature indicating that you (i) agree to Major Trading’s Mobile Terms of Use and (ii) give your express written consent to receive recurring text messages from Major Trading at the phone number from which you text OFFER. By subscribing to Major Trading Recurring Offers, you may receive Major Trading alerts, polls, advertisements, coupons, promotions, and/or information regarding giveaways, sweepstakes, and contests. If your device does not support MMS alerts, then you will receive an SMS alert. To unsubscribe at any time from Major Trading Recurring Offers, reply STOP or QUIT to any of our messages.

Redeeming Reoccurring Text Offer

Unless otherwise noted, the prices and offers advertised through Major Trading Recurring Offers are valid only at www.buymti.com are good for one-time use only, are not transferable, are not for resale or auction and cannot be combined with other offers or promotions. We reserve the right to limit quantities sold to each customer. Limit 1 coupon per customer. Void where prohibited.

Message & Data Rates May Apply

All charges are billed by and payable to your mobile service provider. Major Trading, Inc. does not charge for sending or receiving text messages. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier's name, your opt-out status, and the date, time, and content of your messages. We may use this information to contact you and to provide you with the Program services. All data obtained is subject to our Privacy Policy.

You acknowledge that any text messages you receive from Major Trading are distributed via third-party mobile network providers. As a result, Major Trading cannot control certain factors relating to message delivery. You further acknowledge that neither Major Trading nor your wireless carrier is liable for delayed or undelivered text messages.

DISPUTE RESOLUTION

Mandatory Arbitration. These Mobile Terms of Use and your participation in the Program are governed by the laws of the State of California, U.S.A. In the event of any controversy or dispute arising out of or relating to the Mobile Terms of Use, the parties to such controversy or dispute shall meet and seek resolution in good faith. Any controversy or claim arising out of or relating to the Mobile Terms of Use or the breach thereof, which is not resolved within thirty (30) days or such longer period as may be mutually agreed upon between the parties, will be submitted to binding arbitration in accordance with the procedures set forth under the BINDING ARBITRATION section of Major Trading’s general Terms of Use above on this page.

SERVERABILITY

If any provision of these Mobile Terms of Use is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Mobile Terms of Use and will not affect the validity and enforceability of any remaining provision.

CHANGES TO TERMS OF USE

Major Trading may change these Mobile Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised version of these Mobile Terms of Use on the Major Trading website or texting you notification of the changes. Your use of the Major Trading website as well as your participation in the Program following any changes to these Terms of Use will constitute your acceptance of such changes prospectively from the date of such changes.

Major Trading, Inc. respects your right to privacy. You can view our privacy policy here.