Last Modified: 6/2023

Acceptance of the Terms of Use

These terms of use (these “Terms of Use”) are entered into by and between you and MAB, Inc. (“Heather Barbatsis,” “we” or “us”) and govern your access to and use of our website www.HeatherBarbatsis.com .

Please read these Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Statement, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Statement, you must not access or use the Website.

The Website is offered and available to users who are 18 years of age or older. If you are not at least 18, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. We encourage you to check these Terms of Use often for updates.

Accessing the Website and Account Security

Subject to the terms and conditions of these Terms of Use, MAB, Inc. grants you a limited, revocable, non-exclusive, and non-sublicensable license to use the Website for your personal and non-commercial use.  We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.

Intellectual Property Rights

The Website and all of its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by MAB, Inc. its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not commercially exploit or make the Website available to any third party. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as authorized by these Terms of Use. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by MAB, Inc..

Certain features or functions of the Website may allow you to post or transmit through the Website certain text, designs, graphics, logos, slogans, and other information (collectively, “User Content”). You retain ownership of any User Content posted or transmitted to or through the Website, but you must grant certain rights to MAB, Inc. to use the User Content. Accordingly, you hereby grant to MAB, Inc and its designees, a royalty free, perpetual, worldwide, fully paid, nonexclusive, freely transferrable and freely sublicensable license and authority to: (i) use, edit, modify, prepare derivative works of, publicly perform, publicly display, post, transmit, download, transcode, copy, reproduce, distribute, incorporate and otherwise fully exploit the User Content, and all intellectual property rights associated therewith or embodied therein, in connection with: (i) MAB, Inc maintenance, operation, and performance of the Website; (ii) the operation of MAB, Inc. business, including its design or development of any products or services; and (iii) MAB, Inc promotion, marketing and distribution of its goods or services in any and all media formats and through any and all media channels.

You represent and warrant to MAB, Inc that: (i) you own the User Content which you post or transmit on or through the Website, or otherwise have the legal right to post or transmit such User Content on or through the Website; and (ii) the User Content or the posting thereof to or through the Website does not violate the privacy rights, publicity rights, intellectual property rights, or any other proprietary rights of any third party.

You acknowledge and agree that all Systems Data is and shall remain the sole and exclusive property of MAB, Inc.  For purposes of clarity, MAB, Inc may make any legal use of the Systems Data without notifying you or sharing such Systems Data with you. Specifically, by way of illustration and not by way of limitation, MAB, Inc may publish and share Systems Data with others in aggregate or statistical form to promote the Website and/or MAB, Inc products or services, for evaluating the efficiency, utility and functionality of the Website and/or MAB, Inc other products or services, and for enhancing and improving the Website and MAB, Inc other products or services.  For purposes of these Terms of Use, “Systems Data” means all data, content and information regarding your use of the Website in the nature of de-identified or aggregate systems administrative data, statistical and demographical data, operational information, and data generated by or characterizing the use of the Website, including without limitation, any de-identified or aggregate User Content.

Any comments, feedback, suggestions, or ideas (“Feedback”) you provide through the Website may be used by MAB, Inc. While you may continue to own all such the Feedback, you hereby grant to MAB, Inc a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback.

Trademarks

The MAB, Inc name and all related names, logos, product and service names, designs and slogans are trademarks of MAB, Inc. or its licensors. You must not use such marks without the prior written permission of MAB, Inc. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:

• Use the Website in any way that violates any applicable federal, state, local or international law or regulation.
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic or manual device, process or means to access the Website for any purpose, including monitoring, copying or scraping any of the material or information on the Website.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We may: (i) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights, publicity rights or their right to privacy; (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and (iii) terminate or suspend your access to all or part of the Website for any reason.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, third parties or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

We do not undertake to review any User Content before it is posted or transmitted through the Website, and cannot ensure prompt removal of objectionable material after it has been posted or transmitted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content, including any User Content, provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

Anyone who believes that their work has been reproduced in the Website in any way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Website containing the following: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; (ii)

identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iv) the address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a representation 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 (vi) a representation that the information in the notice 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.

Copyright infringement claims and notices (but not other notices) should be sent to the attention of our Copyright Agent, in the following manner:

by mail: 24551 Del Prado #313 Dana Point, CA 92669

by email: info@HeatherBarbatsis.com

Please use the same procedure for any claimed infringement of any trademark rights or infringements or misappropriations of other intellectual property or third-party rights.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on through the Website is subject to our Privacy Statement. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.

Online Purchases and Other Terms and Conditions

The following terms and conditions of sale (“Sale Terms”) apply to your purchases of any products from MAB, Inc., except to the extent that you have entered into a separate written agreement with MAB, Inc. that supersedes some or all of these Sale Terms. These Sale Terms are subject to change without prior written notice at any time, in MAB, Inc. sole discretion, and by placing an order for products through the Website, you

agree to be bound by and accept the terms and conditions of sale in effect at the time of such order.

Payment Method.  MAB, Inc. currently accepts all major credit cards, including, VISA, MasterCard, American Express, and Discover.

Shipping Terms and Policies. We attempt to process all orders for in stock items within 1 to 2 business day(s). MAB, Inc. standard business hours are: 9:00 to 5:00 PST. Standard shipping is typically via USPS and you should allow 7 to 10 business days for standard delivery once an order has been shipped. MAB, Inc. reserves the right to substitute for another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice to the extent that option is presented to you. All shipping charges are the responsibility of the customer. Shipping charges will be included on your invoice and can be viewed on a summary screen prior to finalizing your order. Shipping charges are based on the delivery location and method you select during the checkout process. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice, provided that, if the actual shipping charge is more than the amount shown on your invoice, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. All orders are shipped FOB Shipping Point. Title to products passes from MAB, Inc. to you upon shipment, and MAB, Inc. is not responsible for any shipping delays or problems once the product has been shipped.

Returns.  You may return non-custom or non-special-order products for a full refund provided that you return the product to MAB, Inc. in its unused, original condition within 30 days of purchase.  MAB, Inc. does not accept returns of custom or special-order products.  All product returns shall be returned freight prepaid in the manner specified by MAB, Inc..

Product Availability and Pricing.  MAB, Inc. may revise or discontinue any products at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice.

Product Descriptions and Errors.  MAB, Inc. uses commercially reasonable efforts so as minimize errors in any product descriptions, photographs, pricing, or other product information on the Website. However, MAB, Inc. does not warrant that such product descriptions, photographs, pricing, or other product information is accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by MAB, Inc. is not as described or pictured, your sole remedy is to return it in unused condition for a refund. In the event of an error, whether on the Website, in an order confirmation, in processing an order or otherwise, MAB, Inc. reserves the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.

Important Note to New Jersey Consumers

If you are a consumer residing in New Jersey, the following provisions of these Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) in the Section titled Limitation of Liability below, specifically the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (ii) in the Section titled Limitation of Liability below, specifically the limitation on liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (iii) in the Section titled Limitation of Liability below, specifically the application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (iv) in the Section titled Indemnification below, specifically the requirement that you indemnify MAB, Inc. (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (v) in the Section titled Governing Law and Jurisdiction below, specifically the Oregon governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. MAB, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE COMPLETENESS, QUALITY, ACCURACY OR NATURE OF THE CONTENT OF THE WEBSITE, MERCHANTABILITY, OWNERSHIP, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. MAB, Inc. SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE WEBSITE OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE, if any, WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW AND ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAB, Inc., ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. MAB, Inc. total aggregate liability to YOU under THESE TERMS OF USE AND IN CONNECTION WITH YOUR USE OF THE WEBSITE is limited to $100 USD. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless MAB, Inc., its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

No Class Actions

YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT ALLOWED.

Waiver of Jury Trial

EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE SUBJECT MATTER OF THESE TERMS OF USE.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use will be governed by and construed in accordance with the laws of the State of California. THE EXCLUSIVE VENUE FOR ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OF USE OR THE WEBSITE IS ORANGE COUNTY, CALIFORNIA. YOU AND MAB, Inc. CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS.

General Terms

These Terms of Use, including our Privacy Statement, constitute the entire agreement between you and MAB, Inc. with respect to the Website and supersede all prior agreements with respect to the Website.

If any provision of these Terms of Use is found to be unlawful or unenforceable in any respect, you agree that the court may reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or deleted, the court shall fully enforce the resulting Terms of Use.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to info@HeatherBarbatsis.com.