Terms and Conditions

TERMS AND CONDITIONS OF USE

CONTENTS

1) INTRODUCTION

2) LICENSE AND SITE ACCESS

3) ELECTRONIC COMMUNICATIONS

4) SITE SECURITY

5) ORDER ACCEPTANCE

6) PRICING AND CONTENT INFORMATION

7) QUANTITY LIMITS AND DEALER SALES

8) EXPORT POLICY

9) COPYRIGHTS AND TRADEMARKS

10) YOUR ACCOUNT

11) USER REVIEWS, FEEDBACK AND SUBMISSIONS

12) RISK OF ITEM LOSS

13) COLORS

14) INDEMNIFICATION

15) TERMINATION

16) mercadoUS SITE DISCLAIMER

17) mercadoUS MERCHANDISE DISCLAIMER

18) LIMITATION OF LIABILITY

19) INTELECTUAL COPYRIGHT INFRINGEMENT NOTICE

20) GENERAL

21) COPYRIGHT COMPLAINTS

22) DIGITAL MILLENIUM COPYRIGHT ACT NOTICE

23) TRADEMARKS

 

1) INTRODUCTION

Welcome to mercadoUS.com ("mercadoUS") provide website features to you, subject to the following conditions. If you visit or shop at mercadoUS, you accept these conditions. Please read them carefully. In addition, when you use any current or future MercadoUS service or business (e.g., Your Profile, Gift Cards, Inbox, or Your Media Library) you also will be subject to the guidelines, terms, and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

A. ABOUT US

This Site is operated by MercadoUS. We are a company located in California and our principal place of business is exactly located at 1520 Brookhollow Dr. #31, Santa Ana, CA 92705. We are a division of Innov Corp., a Texas Corporation.

B. DISCRIMINATION

We do not discriminate because of age, race, national origin, gender, sexual orientation, or religion.

2) LICENSE AND SITE ACCESS

mercadoUS grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of mercadoUS. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MercadoUS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MercadoUS without express written consent. You may not use any meta tags or any other "hidden text" utilizing mercadoUS's name or trademarks without the express written consent of MercadoUS. Any unauthorized use terminates the permission or license granted by MercadoUS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MercadoUS so long as the link does not portray MercadoUS, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MercadoUS logo or other proprietary graphic or trademark as part of the link without express written permission.

3) ELECTRONIC COMMUNICATIONS

When you visit mercadoUS or send e-mails to us, it is understood that you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In other words, any communications that we provide to you satisfy any “written” legal requirement.

4) SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (I) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (II) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (III) 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," "mailbombing" or "crashing;" (IV) sending unsolicited email, including promotions and/or advertising of products or services; or (V) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. MercadoUS will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from MercadoUS on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Google Chrome, Mozilla Firefox, Safari or Microsoft Explorer).

5) ORDER ACCEPTANCE

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (except for orders, including pre-orders, paid for with a Gift Card, eGift Card or PayPal account which are charged at the time you place your order, not when your order is shipped). Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

6) PRICING AND CONTENT INFORMATION

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain, items that are offered as a set, the List Price may represent an “open-stock” price, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

With respect to items sold by MercadoUS, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by MercadoUS.

A.     Merchandise Content:   MercadoUS attempts to be accurate in its product descriptions. However, MercadoUS does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.

B.     Objectionable Content: You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that MercadoUS and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

7) QUANTITY LIMITS AND DEALER SALES

MercadoUS reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. MercadoUS also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from MercadoUS for the purpose of engaging in a commercial sale of that same product(s) with a third party.

8) EXPORT POLICY

You acknowledge that the purchased goods licensed or sold on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received or shipped to. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the EXPORT ADMINISTRATION ACT AND THE ARMS EXPORT CONTROL ACT - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.

9) COPYRIGHTS AND TRADEMARKS

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MercadoUS or its content suppliers and protected by United States and International Copyright Laws. The compilation of all content on this site is the exclusive property of MercadoUS and protected by U.S. and International Copyright Laws. All software used on this site is the property of MercadoUS or its software suppliers and protected by United States and international copyright laws.

10) YOUR ACCOUNT

Using this site means that you are responsible for maintaining the confidentiality of your account and password and for restricting unwanted access to your computer, and you agree to accept responsibility for all activities that occur under the correct or incorrect use of your account or password. MercadoUS does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use MercadoUS only with involvement and/or supervision of a parent or legal guardian. MercadoUS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

11) USER REVIEWS, FEEDBACK AND SUBMISSIONS

For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to MercadoUS on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments" and/or “Suggestions”) you grant MercadoUS a royalty-free, irrevocable, transferable right and license to use the Comments however MercadoUS desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.

MercadoUS will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any Comments you submit for any purpose whatsoever, without restriction, and without compensating you in any way. MercadoUS is and shall be under no obligation (I) to maintain any Comments in confidence; (II) to pay to user any compensation for any Comments; or (III) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy, or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain defamatory or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

MercadoUS does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant MercadoUS the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify MercadoUS and its affiliates for all claims resulting from any Comments you submit. MercadoUS and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

12) RISK OF ITEM LOSS

All items purchased from MercadoUS are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

13) COLORS

We have made significant efforts to accurately display 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.

14) INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MercadoUS and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.

15) TERMINATION

These Terms of Use are effective unless and until terminated by either you or MercadoUS. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. MercadoUS also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in MercadoUS's sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or MercadoUS, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The following sections shall survive any termination of these Terms of Use: "Comments," "Site Security," "Pricing and Content Information," "Quantity Limits and Dealer Sales," "Export Policy," "Copyrights and Trademarks," " User Reviews, Feedback and Submissions," "Indemnification," "Termination," "Disclaimer" "Limitation of Liability," "Baby Center," "Privacy" and "General."

16) mercadoUS SITE DISCLAIMER

THIS SITE IS PROVIDED BY MERCADOUS ON AN "AS IS" AND "AS AVAILABLE" BASIS. MERCADOUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MERCADOUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MERCADOUS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE MERCADOUS WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

17) mercadoUS MERCHANDISE DISCLAIMER

PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. MERCADOUS ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY MERCADOUS.

18) LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MERCADOUS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MERCADOUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MERCADOUS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MERCADOUS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM MERCADOUS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MERCADOUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

19) INTELECTUAL COPYRIGHT INFRINGEMENT NOTICE

WE RELY ON A NETWORK OF INDEPENDENT AFFILIATES, SUBSIDIARIES, AGENTS, THIRD-PARTY PRODUCT PROVIDERS, THIRD-PARTY CONTENT PROVIDERS, VENDORS, SUPPLIERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE (COLLECTIVELY, "ASSOCIATES") WHO SUPPLY SOME OF THE GOODS ADVERTISED ON THE SITE AND, IN SOME CASES, DROP SHIP THEM DIRECTLY TO OUR CUSTOMERS. IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT, WE ARE NOT LIABLE FOR ANY INFRINGEMENT OF COPYRIGHTS, TRADEMARKS, TRADE DRESS OR OTHER PROPRIETARY OR INTELLECTUAL PROPERTY RIGHTS ARISING OUT OF CONTENT POSTED ON OR TRANSMITTED THROUGH THE SITE, OR ITEMS ADVERTISED ON THE SITE, BY OUR ASSOCIATES. IF YOU BELIEVE THAT YOUR RIGHTS UNDER INTELLECTUAL PROPERTY LAWS ARE BEING VIOLATED BY ANY CONTENT POSTED ON OR TRANSMITTED THROUGH THE SITE, OR ITEMS ADVERTISED ON THE SITE, PLEASE CONTACT US PROMPTLY SO THAT WE MAY INVESTIGATE THE SITUATION AND, IF APPROPRIATE, BLOCK OR REMOVE THE OFFENDING CONTENT AND/OR ADVERTISEMENTS. IT IS OUR POLICY TO DISABLE ACCESS TO INFRINGING MATERIALS, AND TO TERMINATE ACCESS OF REPEAT INFRINGERS TO THE SITE. IN ORDER FOR US TO INVESTIGATE YOUR CLAIM OF INFRINGEMENT, YOU MUST PROVIDE US WITH THE FOLLOWING INFORMATION:

1) AN ELECTRONIC OR PHYSICAL SIGNATURE OF THE PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INTEREST;

2) A DESCRIPTION OF THE COPYRIGHTED WORK OR OTHER INTELLECTUAL PROPERTY THAT YOU BELIEVE HAS BEEN INFRINGED;

3) A DESCRIPTION OF WHERE THE MATERIAL THAT YOU CLAIM IS INFRINGING IS LOCATED OR IDENTIFIED ON THE SITE; YOUR NAME, ADDRESS, TELEPHONE NUMBER, AND E-MAIL ADDRESS;

4) A STATEMENT BY YOU THAT YOU HAVE A GOOD FAITH BELIEF THAT THE DISPUTED USE IS NOT AUTHORIZED BY THE COPYRIGHT OR INTELLECTUAL PROPERTY OWNER, ITS AGENT, OR THE LAW; AND

5) A STATEMENT BY YOU, MADE UNDER PENALTY OF PERJURY, THAT THE INFORMATION SUBMITTED TO US IS ACCURATE AND THAT YOU ARE THE OWNER OF THE COPYRIGHT OR INTELLECTUAL PROPERTY OR AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF THE COPYRIGHT OR INTELLECTUAL PROPERTY.

20) GENERAL

A. Delivery Times

Your order will be fulfilled by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Shipping Confirmation, which could in exceptional circumstances be longer than 30 days.

B. Privacy

You acknowledge that any personal information that you provide through this Site will be used by MercadoUS in accordance with MercadoUS's Privacy Policy. If you purchase an item on MercadoUS sold by a Marketplace Retailer, MercadoUS shares certain information with that Marketplace Retailer to permit the Marketplace Retailer to fulfill and ship your order, process returns, and provide customer service. MercadoUS requires Marketplace Retailers to keep your information secure and use it only in accordance with the Marketplace Retailer's Marketplace Privacy Policy, which can be found on that Marketplace Retailer's Retailer Information page.

C. Guest Checkout

Guest Checkout is a feature on MercadoUS that allows you to make purchases from our site without creating or using an account. While using Guest Checkout, you will be required to enter the following information: First and last name, year of birth, billing and shipping addresses, telephone number, credit card information and an email address where we can send order and shipping notifications. This information will not be saved on our site and you will have to re-enter it every time you use Guest Checkout.

21) COPYRIGHT COMPLAINTS

MercadoUS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement. 1. OUR ADDRESS MercadoUS, Inc. P.O. Box 81226 Seattle, WA 98108-1226 http://www.mercadoUS 2. APPLICABLE LAW FOR LEGAL DISPUTES Any dispute relating in any way to your visit to MercadoUS or to products or services sold or distributed by MercadoUS or through MercadoUS in which the aggregate total claim for relief sought on behalf of one or more parties exceeds a total $7,500 shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts.

22) DIGITAL MILLENIUM COPYRIGHT ACT NOTICE

Procedure for Making and Responding to Claims of Copyright Infringement It is the policy of MercadoUS to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), where applicable. Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to MercadoUS's Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to MercadoUS's Designated Agent listed below. To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to MercadoUS's Designated Agent that includes the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MercadoUS to locate the material; 4. Information reasonably sufficient to permit MercadoUS to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. MercadoUS's Designated Agent for notice of claims of copyright infringement can be reached as follows: 1. By mail: Myron Eng MercadoUS Stores, Inc. 702 S.W. 8th Street Bentonville, Arkansas 72716-0520 2. By e-mail: dmca@MercadoUS This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site. Upon receipt of a valid notification of alleged copyright infringement by a third party, MercadoUS shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by MercadoUS, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above. To be effective, a counter notification must be a written communication provided to the MercadoUS's Designated Agent that includes the following: 1. A physical or electronic signature; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and 4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity. If MercadoUS receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that MercadoUS has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on MercadoUS's system. You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by MercadoUS, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.

23) TRADEMARKS

MERCADOUS, MERCADOUS and Design and other MercadoUS graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of MercadoUS in the U.S. and/or other countries. MercadoUS's trademarks and trade dress may not be used in connection with any product or service that is not MercadoUS's, in any manner that is likely to cause confusion among customers or in any manner that disparages, or discredits MercadoUS. All other trademarks not owned by MercadoUS that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MercadoUS.