1. GENERAL TERMS

Doug Mockett & Co Inc (the “Company,” “us,” “we” or “our”), operates the Website, defined herein. These Terms & Conditions apply to all visitors, users, and others (“you” and “your”) who access or use the Website or our emails, text messages, and other communications in any way, including the services, features, materials, and resources available or enabled via the Website or our communications (collectively, the “Services”).

PLEASE NOTE THAT THESE TERMS & CONDITIONS ARE SUBJECT TO CHANGE BY THE COMPANY IN ITS SOLE DISCRETION AT ANY TIME. By accessing, using, or browsing the Website in any way on any Device, registering for an account, or placing an order with the Company, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. By placing an order or making a purchase with the Company, you also agree to the terms of the Company’s Privacy Policy. IF YOU DO NOT ACCEPT ANY OF THESE TERMS & CONDITIONS, DO NOT ACCESS OR USE THIS WEBSITE.

These terms apply to the entire Website and any email or other type of communication between you and the Company. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice. We reserve the rights to change prices and revise the resources usage policy at any time.

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES THROUGH ARBITRATION.

2. LICENSE

The Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Website on any Device strictly in accordance with the terms of these Terms & Conditions.

3. DEFINITIONS AND KEY TERMS

For purposes of these Terms and Conditions, the following terms shall have the meanings set forth below:

• “Cookie” means a small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information. Please see the “Cookies” section for a more detailed explanation.
• The “Company,” “we,” “us,” or “our,” means Doug Mockett & Company, Inc., PO Box 3333 Manhattan Beach CA 90266.
• “Device” means any internet connected device such as a phone, tablet, computer, or any other device that can be used to visit the Website and use the Services.
• “Payment Provider” means the financial institution through which you tender your payment for the Services.
• “Services” means any services provided to you by the Company by any means, including the Website. Unless otherwise specified, any reference to the Website in these Terms & Conditions will include all Services available through the Website.
• “Third-party Services” refers to services provided by third-party advertisers, contest sponsors, promotional and marketing partners, and others who may provide content the Website features or links to, including products or services they provide that may interest you.
• The “Website” means the Company’s site, which can be accessed via this URL: www.mockett.com
• “you” or “your” means any person or entity that uses the Website and/or is registered with the Company to use the Services.

In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent.

4. RESTRICTIONS

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

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• 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 device, process, or means, including without limitation artificial intelligence (“AI”) applications to access or interact with the Website for any purpose, including monitoring, copying, or “scraping” any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms & Conditions, without our prior written consent.
• 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 that 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.

You agree not to, and you will not permit others to:
• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Website or make the platform available to any third party.
• Modify, make derivative works of, disassemble, decrypt, decompile, reverse compile, or reverse engineer any part of the Website.
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers, or the licensors of the Website.

5. PAYMENT

Your Payment Provider agreement governs your use of any designated credit card or other payment services account, and you must refer to that agreement and not these Terms & Conditions to determine your rights and liabilities with respect to your Payment Provider. By providing the Company with your credit card or other account number and associated payment information, you agree that the Company is authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required. You agree to immediately notify the Company of any change in your billing address or the credit card or other account used for payment hereunder. The Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by e-mail delivery to your organization’s administrator(s).

The Company reserves the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraud.

Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be your sole responsibility.

No contract will exist between you and the Company for Services or merchandise until the Company accepts your order by a confirmatory e-mail, or other appropriate means of communication.

You are responsible for any third-party fees that you may incur when using the Services.

6. RETURN AND REFUND POLICY

Thank you for shopping with us. We want to make sure you have a rewarding experience while you are exploring, evaluating, and purchasing the products available on the Website.

If, for any reason, you are not completely satisfied with any good or service, do not hesitate to contact us at the information provided below, or via our Contact us page of the Website, and we will discuss any of the issues you are going through with our product.

Product returns are otherwise processed as provided at https://www.mockett.com/faq#point2. Please let us know if you have any questions at any time.

7. LINKS TO OTHER WEBSITES

These Terms & Conditions apply only to the Services. The Services may contain links to Third-Party Services, or other websites not operated or controlled by Company. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Please note that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies, including related terms of service. Such third parties may use their own cookies or other methods to collect information about you.

8. COOKIES

The Company uses Cookies to identify the areas of our Website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our Website but are non-essential to their use. However, without these Cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the Website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Website correctly or at all. We never place Personally Identifiable Information in Cookies.

See the Privacy Policy at https://www.mockett.com/privacy-policy and Cookie Policy at https://www.mockett.com/privacy-policy-cookie-restriction-mode for further details.

9. CHANGES TO OUR TERMS & CONDITIONS

We reserve the right to modify or update the Service(s) offered on the Website, our policies, and these Terms and Conditions from time to time to reflect changes in our operations, practices, or legal obligations. Unless otherwise required by applicable law, we will provide notice of any material changes (for example, through the Service) prior to such changes becoming effective and will afford you a reasonable opportunity to review them.

You acknowledge and agree that Company may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Company’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Company when you stop using the Service. You acknowledge and agree that if Company disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.

10. MODIFICATIONS TO OUR WEBSITE

The Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Website or any service to which it connects, with or without notice and without liability to you. The Company may from time to time provide enhancements or improvements to the features or functionality of the Website, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the Website. You agree that Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Website to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Website, and (ii) subject to these Terms & Conditions as they may be modified at that time.

11. UPDATES TO OUR WEBSITE

Doug Mockett & Co Inc may from time to time provide enhancements or improvements to the features/functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the website. You agree that Doug Mockett & Co Inc has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.

12. INTERNATIONAL ACCESS

The Website may be accessed from countries other than the United States. The Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use the Website outside the United States, you are responsible for complying with your local laws and regulations. You understand that by using the Website you consent to having your personal information collected, used, transferred to, and processed in the United States.

13. THIRD-PARTY SERVICES

We may display, include, or make available third-party content (including data, information, applications, and other products services) or provide links to third-party websites or Third- Party Services. The Company acts solely as a distributor, and not a publisher, of content supplied by third-parties and exercises no editorial control over such content. Accordingly, the Company makes no warranties or representations of any kind with respect to any third-party content, services, or products provided through or in connection with the Services, including, without limitation, any warranties of accuracy, reliability, merchantability, fitness for a particular purpose, or non-infringement of third-party rights.

You acknowledge and agree that the Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

14. TERM AND TERMINATION

The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate the Services on this Website with or without prior notice. You may also terminate your agreement to these Terms & Conditions by ceasing your use of the Website, deleting the Website, and deleting all copies thereof from your computer. Termination of your use of the Website will not limit any of the Company's rights or remedies at law or in equity in case of breach by you of any of the terms of use contained herein.

Any rights you may have to use or access the Websites or any services provided by the Company may be suspended or terminated for any violation or breach of these Terms & Conditions.

15. COPYRIGHT INFRINGEMENT NOTICE

If you are a copyright owner or such owner’s agent and believe any material on our Website constitutes an infringement on your copyright, please submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) by emailing info@mockett.com. The email must provide the Company with the following information in writing (see 17 U.S.C. 512(c)(3): (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

16. INDEMNIFICATION

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from, related to or in connection with your: (a) use of and access to the Website; (b) violation of these Terms & Conditions; (c) your violation of any third-party right, including without limitation any Third-Party Content or any other third-party copyright, property, or privacy right in connection with your use of or access to the Website; and/or (d) your gross negligence, willful misconduct, or violation of law.

17. NO WARRANTIES

The Website and all services, content, information, and materials made available therein or accessible therefrom (collectively, the “Services”) are provided on an “AS IS” and “AS AVAILABLE” basis, with all faults and without warranty of any kind. To the fullest extent permitted by applicable law, the Company, on its own behalf and on behalf of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties arising from course of dealing, course of performance, or usage of trade.

Without limiting the foregoing, the Company makes no representation or warranty that: (a) the Services will meet your requirements or achieve any intended results; (b) the Services will be compatible or operate with any other software, systems, or services; (c) the Services will be uninterrupted, timely, secure, or error-free; (d) any defects or errors will be corrected; (e) the Services, their servers, or any content or communications are free from viruses or other harmful components; or (f) any information or content provided through the Services is accurate, reliable, or current.

No oral or written information or advice provided by the Company or its affiliates, employees, officers, directors, agents, or representatives shall create any warranty not expressly set forth in these Terms. Price and availability information is subject to change without notice.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation of applicable statutory rights. Accordingly, some or all of the foregoing disclaimers may not apply to you to the extent prohibited by law.

18. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of these Terms & Conditions), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms & Conditions and your exclusive remedy for all the foregoing shall be limited to the amount actually paid by you for the Website or Services provided.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

19. SEVERABILITY; LIMITATION ON ACTIONS

If any provision of these Terms & Conditions is held to be unenforceable or invalid, such provision will be enforced only in accordance with its permitted legal effect, and/or changed and interpreted to accomplish the permitted objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

AS PERMITTED BY CALIFORNIA COMMERCIAL CODE SECTION 2725, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY BRING AGAINST COMPANY ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, AFTER WHICH SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

20. WAIVER

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms & Conditions shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms & Conditions shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under these Terms & Conditions preclude further exercise of that or any other right granted herein. In the event of a conflict between these Terms & Conditions and any applicable purchase or other terms, the terms of these Terms & Conditions shall govern.

21. AMENDMENTS TO THESE TERMS & CONDITIONS

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms & Conditions shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms & Conditions shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under these Terms & Conditions preclude further exercise of that or any other right granted herein. In the event of a conflict between these Terms & Conditions and any applicable purchase or other terms, the terms of these Terms & Conditions shall govern.

22. ENTIRE AGREEMENT

These Terms & Conditions (which include and incorporate the Company’s Privacy Policy) contain the entire understanding, and supersedes all prior understandings, between you and the Company concerning its subject matter, and cannot be changed or modified by you. These Terms & Conditions constitute the entire agreement between you and the Company regarding your use of the Website and Services and supersedes all prior and contemporaneous written or oral agreements between you and the Company.

You may be subject to additional terms and conditions that apply when you use or purchase other Services or products, including without limitation Company merchandise, which may be subject to terms and conditions of sale that the Company will provide you at the time of such purchase, sale, or use.

23. NOTICE OF DISPUTE

In the event of a dispute, you or the Company must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: info@mockett.com. The Company will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You agree that you and the Company will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If you and the Company do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration. After sixty (60) days, you or the Company may commence arbitration as provided below.

24. INJUNCTIVE RELIEF; BINDING ARBITRATION; GOVERNING LAW; SOLE VENUE

This agreement to arbitrate applies to all disputes EXCEPT IN THE CASE OF A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR THE COMPANY’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and the Company concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

The Company will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. The Company operates and controls the Services from its offices in United States. BY ACCESSING THE WEBSITE, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association applying the law of the State of California without regard to its principles of choice or conflicts of law, which shall be the governing law of any and all disputes hereunder. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party. The exclusive jurisdiction and sole venue for any claims arising out of or related to these Terms & Conditions, your use of the Websites, injunctive relief, or the enforcement of any arbitration award will lie in the state or federal courts located in Los Angeles, California and you irrevocably agree to submit to the jurisdiction and venue of such courts.

25. SUGGESTIONS, SUBMISSIONS AND PRIVACY

Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to the Company with respect to the Website shall remain the sole and exclusive property of the Company.

The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way in all media without any credit or any compensation to you.

In the event that you submit or post any Suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions (excluding Company Design Competition winners), you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Company without any compensation or credit to you whatsoever. The Company and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

26. PROMOTIONS

The Company may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible for reading all rules of the Promotions (“Promotional Rules”) to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotional Rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of these Terms & Conditions by this reference.

27. TYPOGRAPHICAL OR OTHER ERRORS

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical or other error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card or other payment account in the amount of the charge.

28. MISCELLANEOUS

The section headings used in these Terms & Conditions are for convenience only and will not be given any legal import. Enforcement of the Terms & Conditions will be governed by California law, excluding its conflict and choice of law principles. The failure of the Company to enforce any right or provision in the Terms & Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. In the event that a court of competent jurisdiction finds any provision of these Terms & Conditions to be illegal, invalid, or unenforceable, the remaining portions will remain in full force and effect.

29. CONTACT US

You are invited to utilize the Contact Us web form to exercise your rights in this section at https://www.mockett.com/contact or contact the Company at the information provided below.

To ask questions, register a complaint or concern, or comment about these Terms of Use, our Privacy Policy and/or privacy practices, please contact us at:
Email: info@mockett.com
Telephone number: (800) 523-1269
Mailing Address:
Doug Mockett & Company
1915 Abalone Ave,
Torrance, CA 90501