- TERMS AND CONDITIONS
Your use of the Machine Learning1 now referred to as Machine Learning One web site (the “Site”) and our services, including phone orders, all purchases, and inquiries, from Machine Learning One is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below personally or as an agent for any business entity you represent. The term “Customer” means you or the business entity you are ordering goods or services for. If you do not agree to these terms and conditions, please do not use this site and please do not submit any orders for products or services. The terms and conditions posted on this website, including the warranty policy, are public information and must be adhered to by anyone doing business with Machine Learning One unless there is a written contract signed by an officer of Machine Learning One.
- GENERAL TERMS AND CONDITIONS
Customer agrees that Machine Learning One is not liable for mismatched product pictures or mistakes in product information. Machine Learning One reserves the right to change products and specifications and those listed on the Site may not be current. Customer agrees to verify the specifications of each product with the order. Machine Learning One is only responsible for products named on the invoice.
Our sales representatives are not authorized to make any representations or promises related to any product or services that exceed these terms and conditions and the warranty. Any additional provisions to your purchase must be made in writing signed by an officer of Machine Learning One
It is the Customer’s responsibility to look over their email confirmation and make sure all shipping, billing and item purchased are correct. If you do not get an email confirmation, call us to see if the order went through. Do not submit multiple orders or you will end up paying full restocking and shipping fees.
“Customer” agrees that Machine Learning One will not liable Machine Learning One delays in service.
- TRADEMARKS
All trademarks and registered trademarks displayed on the site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Machine Learning One and these companies.
- MAKING PURCHASES
If you wish to purchase products offered on the site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information you provide to Machine Learning One will be accurate complete and current. You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and and charges relating to your purchases.
held responsible for the full amount of your fee. However, your account will remain active for 6 months from the date your order is placed and may be processed at anytime throughout that period. Our refund office is open during standard business hours Pacific Standard Time. Our refund office is closed for all weekends and business holidays. Order cancellation will be accepted by phone with a sales representative or over the web (only before the order is processed). It cannot be done over email or by leaving voice mails. Both parties acknowledge that Machine Learning One is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to Machine Learning One for reimbursement of our commitment to service this order.
- Disclaimer and limitation of liability as to products sold
You agree that the sole and exclusive maximum liability to Machine Learning One. Arising from any product sold by Machine Learning One shall be the price of the product ordered. In no event shall Machine Learning One, its directors, officers, shareholders, employees and representatives be liable for special, indirect, consequential, or punitive damages related to product sold.
- Disclaimer and limitation of liability as to the Machine Learning One website. The Machine Learning One web site and the materials therein are provided “as is”. Machine Learning One. Makes no representations or warranties, either express or implied, of any kind with respect to the Machine Learning One site, their operation, contents, information, or materials on the site. Machine Learning One expressly disclaims all warranties, express or implied, of any kind with respect to the site or their use, including but not limited to any implied warranty of merchantability and fitness for a particular purpose. You agree that Machine Learning One, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Machine Learning One site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
- GOVERNING LAW
You agree that any legal action brought against Machine Learning One shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any arbitration arising from your use of or orders and purchased made on the Machine Learning One sites or from Machine Learning One shall be in Los Angeles County, California. All actions between the parties related to purchases and sales from Machine Learning One shall be resolved by binding AAA arbitration in Los Angeles County California.
Indemnification
You agree to indemnify, defend, and hold Machine Learning One, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ AND/OR Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.
Resolving Disputes — Arbitration
Most customer concerns can be resolved quickly by contacting customer service department. If Machine Learning One’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Machine Learning One has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or related to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”).
You agree to arbitration on an individual basis. In any dispute, neither customer nor Machine Learning One shall be entitled to join or consolidate claims by or against other customers, or arbitrate or otherwise participate in any claims as a representative, class member, or in a private attorney general capacity. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
Waiver and Severability
No waiver by Machine Learning One of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Machine Learning One to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Entire Agreement
These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Machine Learning One with respect to the Sites and/or Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites and/or Site.