The MerTails

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to The NOHM Co., a Benefit Corporation (“The NOHM,” “The MerTails,” “we,” or “us”) The MerTails website, TheMerTails.com (the “Site”). We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Conditions”). The Conditions govern your use and purchase of products (collectively “use”) of the Site. Your use of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here.

You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, please do not use the Site.

INTELLECTUAL PROPERTY

Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, registered or unregistered trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by The MerTails.

You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only, provided you also retain all copyright and other proprietary notices contained in the materials. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.

You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by The NOHM Co.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act and other applicable law, The MerTails has adopted a policy of terminating, in appropriate circumstances and at The MerTails’ sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. The MerTails may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

PRIVACY

Our Privacy Policy describes the collection and use of information on the Site.

SITE TRANSACTIONS

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, The MerTails shall issue you a refund.

The MerTails does not accept returns or refunds on perishable products. If an item purchased on the Site is damaged please see our FAQ as to how best remedy this issue within a timely manner.

By placing an order on the Site you consent to receive an email invitation to review the order.

PRODUCT AND PRICE INFORMATION

All prices and products advertised are subject to change. The MerTails takes care to list accurate prices but sometimes the Site may contain errors or out of date information. We are not bound by our offer or any prices on the Site and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Site.

All prices displayed on the Website are set in U.S. Dollars ($).

Shipping costs are applied per order and depend on where your order is shipped and by what method. Shipping costs, and all other applicable taxes, fees or charges of any nature, shall be added to the total amount of your purchase and will be displayed prior to checkout.

The images of the products on our Website are for illustrative purposes only.

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

SHIPPING AND DELIVERY

Shipping dates, delivery dates, and timeframes for processing returns and refunds are estimates only and not guaranteed. We can only fulfill domestic orders to home and office addresses and do not ship to P.O. Boxes.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless The NOHM Co., its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.

CHOICE OF LAW

THE NOHM Co. Is a company incorporated in the state of Florida, licensed to operate in North Carolina where it is based. To submit or file a claim please see our contact form and fill out to begin the process.

These Conditions shall be construed in accordance with the laws of the State of North Carolina, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts of the State of North Carolina.

LINKS TO OTHER WEBSITES

This Site may contain links to outside services and resources. You acknowledge that

(A) The MerTails is not responsible for the contents of any embedded materials, linked site or any link contained in a linked site, or any changes or updates to such sites; and

(B) The MerTails is not responsible for any other form of transmission received from any linked site. The MerTails is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The MerTails of the site.

Any concerns regarding any such link should be directed to the particular third party website.

MISCELLANEOUS

Unless otherwise specified and except to the extent The MerTails products are offered for sale in the United States and select foreign markets through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting The MerTails’ products and services available in the United States and select foreign markets.

This Site is controlled and operated by The MerTails from its offices in Asheville, NC. These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site.

If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect.

We thank you for taking the time to acculturate yourself with our terms and we hope you enjoy our elixirs as you come aboard with us from seed to vessel.

Fondly, your NOHMies!