Terms & conditions

OUR TERMS AND CONDITIONS OF SALE AND USE

This page (together with any documents referred to on it) sets out the terms and conditions (“Terms”) upon which you may (i) purchase products from us (whether in your capacity as a business or as a consumer) via our website and (ii) use our website: https://MK Neon.com/ the “Website”, as further defined hereunder”).

Please read these Terms carefully before you submit any order to us. These Terms tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

The Website may be used only for informational and online shopping purposes. By accessing or using the Website pursuant to which we offer products for purchase (the “Goods”, as further defined hereunder) (collectively, with the Website, the “Services”), you agree to be bound by the terms and conditions contained in this Agreement and all other terms incorporated herein by reference. If you do not agree to abide by any of the terms herein, in any manner, do not use the Website, including but not limited to, uploading or downloading information or material onto the Website and/or making any purchases on the Website.

If you reside outside the United States, other terms and conditions may be applicable to you that either supplement or replace certain provisions in this Agreement. Please visit the terms corresponding to the country where you reside. Except as written in any other user agreements, disclaimers, policies, terms of use, statements, other notices on the Website, this Agreement and our Privacy Policy are the complete agreement between you and MK Neon with respect to your use of the Website and any purchase thereon. The terms herein shall prevail over all other documents, including prospectuses and catalogues, as to terms and conditions of sale on the Website. All exceptions to these terms shall require MK Neon’s express written agreement, given no later than acceptance of the order.

We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms” link on the Website. We will also notify you of any material changes either through a pop-up notice, e-mail or through other reasonable means. Your continued use of the Website after any such changes constitutes your acceptance of the new Agreement. You should periodically visit this page to review the current Agreement, so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Agreement, do not use or access (or continue to use or access) the Website.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept this Agreement in your name and on your behalf.

You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Website. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.

 

In these Terms, the following words and expressions shall mean:

“”, “we”, “us” or “our”: , a limited liability company.

“Contract”: the contract between you and MK Neon for the sale and purchase of the Goods as well as use of the Site, in accordance with these Terms and the applicable Order.

“Custom Goods”: customized LED neon sign products which are made pursuant to your specifications as a result of User-Generated Content you upload to the Site and order via (https://www.mkneon.com/products/custom-led-neon-signs).

“Force Majeure Event”: any event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, global pandemics, government orders of quarantine, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of our suppliers.

“Goods”: the products (including, where relevant, Custom Goods) that you specify in the Order.

“Intellectual Property Rights”: any patents, utility models, rights to inventions, copyright and related rights, trademarks, trade names, business names and domain names, rights in get-up, rights in goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. “Losses”: in relation to any matter, means all damages, losses, liabilities, costs (including legal costs), charges, expenses, actions, proceedings, claims, penalties, fines and demands.

“Order”: the online order you submit to MK Neon to purchase the Goods from us.

“Price”: the price payable by you to us for the Goods as detailed in the Order or on our Website. The Price is inclusive of shipping, or carriage of the Goods as such costs are specified by us when you submit your Order, unless stated otherwise but excludes any taxes which shall be specified at the end of your Order.

“User-Generated Content”: any text, graphics, images and any other specifications that you upload to the Website when submitting an Order for Custom Goods.

“Website”: the website owned and operated by MK Neon: https://MK Neon.com/

“you” or “your”: the person or entity identified in the Order that purchases the Goods from us.

 

 

PART A: TERMS AND CONDITIONS OF SALE OF OUR NEON SIGNS

 1. Our Contract with you

- A Customer will be automatically be created upon submission of an Order. You agree to provide accurate and up-to-date payment information at the time you order any Goods. We have contracted with a third-party payment processor to facilitate purchases made on the Website. When you make a purchase through the Website, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor (PayPal, Amazon Pay). You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. MK Neon reserves the right to cancel any Order as a result of a declined payment. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services. Please refer to our Privacy Policy for more guidance as to the collection and storage of your data.

- You place an Order with us for the Goods when you enter the required details on our checkout page and click “checkout” to place your Order.

- The Contract will come into effect when we send an email to the email address you gave us in your Order confirming our acceptance of your Order, and not before we receive payment for the Goods and delivery costs. We won’t charge you for the Goods or delivery costs if your Order is not accepted.

- You will own the Goods once we have received payment in full for the Goods and delivery costs.

- We will assign an order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the order number whenever you contact us about your Order.

2. All orders of Goods must be for your personal use only.

By purchasing Goods, you hereby agree not to resell or distribute such Goods for any commercial purposes. All orders are subject to our acceptance or rejection based on Goods’ availability, noncompliance with these terms or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your Order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.

 

General Goods

- You acknowledge that the images of the Goods on our Website are for illustrative purposes only, and that although MK Neon tries to represent our products faithfully, we cannot guarantee that colors displayed on your device will precisely reflect the color of the imaged product. If you would like to purchase a specific color and are unsure of its exact specifications, please contact us before placing an Order.

- We attempt to provide accurate descriptions of Goods. We do not warrant, however, that the descriptions are accurate, complete, reliable, current, or error-free. If a Good is not as described, your sole remedy is to return the item, unless otherwise specified in writing by us.

- We reserve the right to make changes to the Goods to reflect changes in relevant laws and regulatory requirements.

- All Intellectual Property Rights in the Goods are reserved to MK Neon or its licensors.

 

Custom Goods

You acknowledge that Custom Goods may have restrictions placed on them. For instance, the Custom Goods cannot contain either a lowercase “i” or “j” due to the manufacturing method. Please contact us if you would like to discuss any restrictions before placing an Order.

When purchasing Custom Goods, you:

- grant to MK Neon a non-exclusive, irrevocable, sublicensable, royalty-free, worldwide license to use the User-Generated Content to produce the Custom Goods and use the Custom Goods in marketing materials for case studies; and

- warrant to MK Neon that:

you are the sole legal and beneficial owner and own all rights and interest in the Intellectual Property Rights that subsist in the User-Generated Content;

the User-Generated Content is your own original work and has not been copied wholly or substantially from any other source;

the manufacture and supply by MK Neon or its partners, agents or suppliers of the Custom Goods will not infringe the rights (including Intellectual Property Rights) of any third party.

You hereby agree to indemnify MK Neon for any and all Losses suffered by MK Neon arising directly or indirectly as a result of your breach of the warranties set forth in this Section.

MK Neon shall have the right to reject any Order for Custom Goods if, in MK Neon’s sole discretion, the Order breaches MK Neon’s Terms and Conditions herein.

Any reference to a MK Neon product or service on the Website does not imply that such product or service is or will be available in your country and/or state where it may be subject to different regulations and conditions of use. Such reference does not imply any intention on our part to sell this product or service in your country and/or state and you should always rely on product information especially created for your country and/or state. The Website contains information about products and services that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You should not construe anything on linked sites as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located. You can learn all about our products on their individual product pages. If you have any other questions or thoughts, let us know by contacting us.

3. Price and payment

You must pay the full Price of the Goods and delivery costs at the time of the Order.

The Price does include delivery costs to all US states. However, international customers are responsible for any customs or import duties after shipment is made. You may refers to “Will I have to pay taxes and duty in my country?” in our FAQ. https://www.mkneon.com/pages/faq

We strive to provide accurate pricing information regarding the Goods available on the Website. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any Orders placed for a Good whose price was incorrectly posted on the Website as a result of an error. If this occurs, we will notify you by email.

The Goods are provided at the prices in effect at the time an Order is placed. MK Neon reserves the right to modify the price of the items concerned for future orders.

If you are tax exempt, you must contact MK Neon before placing an Order for the Goods. MK Neon will not be able to refund any applicable tax once an Order has been processed.

 4. Delivery

MK Neon reserves the right to use of its preferred carrier. Delivery dates are indicated as accurately as possible but are subject to variations due to availability and transportation methods.

Delivery will deemed have been completed once the Goods are delivered to the address you designate in your Order or, failing delivery there, to

The Goods ordered will be at your risk. Ownership of the Goods ordered will also pass to you upon your receipt of the Goods, provided full payment of all sums due in respect of the Goods, including any delivery charges, has been received.

You will be responsible for the Goods once they are delivered to the address you designated in the Order or the nominated delivery depot. You may incur storage costs or further delivery costs if you do not collect the Goods, or arrange a re-delivery, from the delivery depot. The estimated delivery time for standard delivery is days from placing your Order. If you have chosen express delivery, we will aim to deliver the Goods in 6 days from you placing the Order; however, your Order will be fulfilled by the delivery date set out in the Order Confirmation. 

Any dates quoted for delivery of the Goods in these Terms or an Order are approximate only and the time of delivery is not of the essence. We will tell you if delivery is delayed by a Force Majeure Event. Late deliveries and/or events of Force do not render us accountable for the payment of damages, nor permit the cancellation in whole or in part of pending orders.

5. Your Rights to Return or Refund

Except for gift cards, and customized neon signs, we accept Goods for returns and exchanges if requests are submitted within 14 days of receiving the order (in its entirety). Such Good must be returned in new, unused condition and in its original packaging and/or, if damages during delivery, in the condition received. To return or exchange your Good(s), please email us at MK Neon or on WhatsApp +1 (213) 634-2001 with your name, address, order number and the Good(s)you would like to exchange or return. After we receive your written request, we will respond with further instructions about returning the Good(s) to us. Such failure to give written notice shall constitute an irrevocable acceptance of Good(s) and an admission that they fully comply with all the terms, conditions, and specifications in these Terms. Only Goods originally shipped from MK Neon may be returned to us in accordance with the conditions set forth herein. By requesting return of a Good(s), you certify that the Good(s)were purchased from the Website and there has been no substitution of the Good(s) from another supplier, distributor, or other source of the Good.

Upon receiving the returned Good(s) from you, we will process any refund due to you as soon as possible. You will be refunded in full to your original form of payment, including the cost of standard delivery; however, we will not refund your cost of returning the Good(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.

 

6. Contact

If you have any queries or any concerns about these Terms, you may contact us via email at custom@mkneon.com  or at the addresses shown on our Website.

If we have to contact you, we will do so via email at the email address you provided to us in your Order or contact details you have provided to us via our Website.

 

PART B: TERMS AND CONDITIONS OF USE

 1. Website Use

The Website contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We either own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate. The Content may be protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this agreement, your right to access and/or use the Content and Website shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of MK NEON, whether (collectively, the “MK Neon Trademarks”) used and displayed in connection with the sale of Goods are registered and unregistered trademarks or service marks of MK Neon and its affiliated entities. Other company, product, and service names located on the Website or otherwise used in connection with the Goods may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the MK Neon Trademarks, the “Trademarks”). Nothing on the Website or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website or otherwise used in connection with the Goods without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks (this shall exclude any negative feedback on the Products). Use of any MK Neon Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any MK Neon Trademark shall inure to our benefit.

You may not use the Website to:

- transmit any content, information or other materials that are, or which MK Neon considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity;

- introduce viruses, worms, Trojan horses and/or harmful code into the Website;

- violate any applicable local, state, national or international laws or regulations.

You shall not (and shall not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Website, any part thereof or access thereto.

 2. Third-Party Links and Content

The Website may contain links or references to non-MK Neon websites, products, services or other materials or content (“Third-Party Content”).

By accessing and/or using the Website, you agree that MK Neon is not responsible or liable for any Third-Party Content or for the actions of those that provide or use such Third-Party Content. MK Neon has no control over the Third-Party Content. Any link to any Third-Party Content does not imply that MK Neon endorses, approves of or accepts any responsibility for the Third-Party Content or its provider, or vice versa.

MK Neon does not monitor, verify, censor, or edit any Third-Party Content.

When you access or use Third-Party Content, you accept there are risks in doing so. MK Neon encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy applicable to the Third-Party Content you access or use.

3. Availability of Website and disclaimers

Any online facilities, tools, services or information MK Neon makes available through the Website (the “Service”) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults.

To the maximum extent permitted by law, we provide no warranties, express or implied, of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. MK Neon is under no obligation to update information on the Website.

Whilst MK Neon uses reasonable endeavors to ensure that the Website is secure and free from errors, viruses and other malware, we give no warranty or guaranty in that regard and you shall take responsibility for your own security, that of your personal details and your computers.

MK Neon accepts no responsibility for any disruption or non-availability of the Website.

MK Neon reserves the right to alter, suspend or discontinue any part (or the whole of) the Services. These Terms shall continue to apply to any modified Services unless expressly stated otherwise.

4. User Generated Content.

With respect to the User-Generated Content, you represent and warrant that you own all right, title and interest in and to such User Generated Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Generated Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Generated Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Generated Content that you know if false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.

The Website may pull content from our users who share photos and videos on Instagram using our brand hashtags, including, without limitation, #MK Neon, #MK Neon (collectively, the “MK Neon Hashtags”), or tagging the @MK Neon (collectively, “Photos”). You acknowledge and agree that the User Generated Content may be used by MK Neon, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the User-Generated Content for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your User-Generated Content, including to the extent such User-Generated Content include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.

By uploading any User Generated Content you hereby grant and will grant MK Neon and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Generated Content and any name, username, likeness, voice or photograph provided in connection with your User Generated Content, without compensation to you, in connection with the operation of the Website or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after your termination of your account or the Services. For clarity, the foregoing license does not affect your other ownership or license rights in your User Generated Content, including the right to grant additional licenses to your User Generated Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

You acknowledge and agree that we may preserve User Generated Content and may also disclose User Generated Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any User Generated Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MK Neon, our users and the public. You understand that the technical processing and transmission of the Website, including your User Generated Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

5. IP Infringement.

We respect the intellectual property rights of others and require that the people who use our Website and Goods do the same. If you are a copyright owner and believe that any content posted on the Website infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
• a statement that you have 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
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Our DMCA designated copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: custom@mkneon.com

6. Term/Termination.

MK Neon may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features, at any time. MK Neon may remove, modify or otherwise change any Content, including that of third parties, on or from the Site. MK Neon may impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. MK Neon reserves the right to terminate your authorization to use the Website and to delete one or more of your related accounts immediately at any time if you breach or threaten to breach any of the terms herein. MK Neon may further terminate the authorization and rights provided herein and your use of the Website at any time in its sole discretion and upon such termination, you shall immediately destroy all materials that you have downloaded from the Website.

7. Limitation of Liability and Disclaimer of Warranties.

EXCEPT AS PROVIDED HEREIN, THE PRODUCTS, THE WEBSITE AND ITS CONTENT ARE PROVIDED AS A CONVENIENCE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, MK NEON, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “MK NEON PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PRODUCTS AND SERVICES ASSOCIATED WITH WEBSITE, CONTENTAND/OR CONTENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE WEBSITE’S ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE MK NEON PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE PURCHASE AND/OR USE OF THE GOODS AND/OR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SITE OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE GOODS AND/OR SERVICES AND THE CONTENT AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE, SHALL THE MK NEON PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SITE OR ANY CONTENT CONTAINED ON THE SITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS REGARDING THE SECURITY OF PERSONAL DATA, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, INTERRUPTION OF SERVICE, LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK, EVEN IF MK NEON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF MK NEON WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE THAT MK NEON DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH ANY WEBSITES INCLUDING ITS WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, MK NEON AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY STATEMENT OR OTHER CONTENT, PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD-PARTIES THROUGH ANY THIRD-PARTY OR THE SITE.

THE MK NEON PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO MK NEON PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, ALL PRODUCTS AND SERVICES PROVIDED AND/OR DELIVERED TO YOU ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE MK NEON PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL ANY MK NEON PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE GOODS AN/OR THE WBEISTE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH MK NEON PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Except as otherwise provided under applicable laws and regulations regarding the security of personal data, MK NEON disclaims any warranty or representation that confidentiality of information transmitted through the Site will be maintained.

No advice or information, whether oral or written, obtained by you from MK NEON or third parties through the Website shall create any warranty. Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE MK NEON PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS AFFECTS ANY LEGAL RIGHTS AND REMEDIES YOU HAVE UNDER LOCAL LAW.

8. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the MK Neon Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms, any User Generated Content or submissions you provide, or your access to, use or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by writing to custom@mkneon.com . We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

9. ARBITRATION CLAUSE AND CLASS ACTION WAIVER.

PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Scope of the Arbitration Agreement. If MK Neon cannot resolve any dispute with you regarding the Website, any transaction conducted on the Website or these terms, both you and MK Neon agree that any such dispute will be resolved through binding individual arbitration. Both you and MK Neon understand and agree to waive the right to sue or go to court to assert or defend our respective rights. However, either you or MK Neon may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and MK Neon, 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.

Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Both you and MK Neon agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by these Arbitration Provisions. To file an arbitration demand and review the AAA Rules, you can go to the AAA’s website www.adr.org, or call the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, you and MK Neon will mutually agree to, or the court shall select, another arbitration provider. The arbitration will be conducted by telephone, videoconference, or in-person in the county of your residence (as determined by your billing address on file in your MK Neon Customer Account) as mutually agreed upon by you and MK Neon. If you live outside the United States, any arbitration will take place in New York, NY. Unless the arbitrator finds some or all of your claims to be frivolous, without merit or otherwise non-reimbursable, MK Neon will pay all filing, administrative, arbitrator and hearing costs up to the amount of $10,000. In determining whether an action is frivolous, the arbitrator may consider whether MK Neon offered you a full refund of the sum you paid for any items you purchased, or otherwise offered full relief to you in relation to your individual claim.

Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and MK Neon also agree waive the right to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

10. User Must Comply with Applicable Laws.

You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national, and international laws and regulations.

11. Transfer and Processing of Personal Data.

In order for us to provide the Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. Please consult our Privacy Policy for more information regarding your personal data.

12. This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. Any dispute between you and MK Neon that is not subject to arbitration or cannot be heard in small claims court will be resolved in state and federal courts sitting in the City of New York in the State of New York. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Any information you submit to or provide through the Website might be publicly accessible, and you should protect important and private information. We are not liable for protection of privacy of email or other information transferred through the Internet or any other network that you may use. Goods, including any intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses. Any term herein may not be amended, supplemented, changed, or modified, except by agreement in writing signed by the parties to be bound thereby. Ambiguities, if any, shall not be construed against any party, irrespective of which party may be deemed to have authored the ambiguous provision.

Except as expressly agreed by us and you, these Terms constitutes the entire agreement between us and you with respect to the subject matter herein, and supersedes all previous or contemporaneous agreements, whether written or oral, between us and you with respect to the subject matter. No proposal, purchase order, order confirmation, acceptance, or any other document provided by either party to the other, nor any electronic click-wrap, terms of use or similar online consent or acceptance language accompanying shall be deemed to amend the terms hereof and any such contradictory or additional terms shall be ineffective. The section headings are provided merely for convenience and shall not be given any legal import. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to custom@mkneon.com .

 

PRIVACY POLICY

This privacy policy applies between you, the User of this Website and Shopify, the provider of this Website. Shopify takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

Please read this privacy policy carefully.

Definitions and interpretation

• In this privacy policy, the following definitions are used:

Data	collectively all information that you submit to MK NEON via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Cookies	a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below ( Cookies);
Data Protection Laws	any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
GDPR	the General Data Protection Regulation (EU) 2016/679;
US Cookies Law	There is currently no generalized Cookies Law in the US.  However, we make sure your data is collected through the cookies for the only purposes of: improving your experience of the website and providing us sales data;
User or you	any third party that accesses the Website and is not either (i) employed by MK Neon and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to MK Neon and accessing the Website in connection with the provision of such services; and
Website	the website that you are currently using, www.mkneon.com.

 

• In this privacy policy, unless the context requires a different interpretation:
• the singular includes the plural and vice versa;
• references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
• a reference to a person includes firms, companies, government entities, trusts and partnerships;
• "including" is understood to mean "including without limitation";
• reference to any statutory provision includes any modification or amendment of it;
• the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

• This privacy policy applies only to the actions of MK Neon and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

• For purposes of the applicable Data Protection Laws, MK Neon is the "data controller". This means that MK Neon determines the purposes for which, and the manner in which, your Data is processed.

Data collected

• We may collect the following Data, which includes personal Data, from you:
• name;
• job title;
• profession;
• contact Information such as email addresses and telephone numbers;
• web browser type and version (automatically collected);
• operating system (automatically collected);
• a list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected);

in each case, in accordance with this privacy policy.

How we collect Data

• We collect Data in the following ways:
• data is given to us by you  ; and
• data is collected automatically.

Data that is given to us by you

• MK Neon will collect your Data in a number of ways, for example:
• when you contact us through the Website, by telephone, post, e-mail or through any other means;
• when you register with us and set up an account to receive our products/services;
• when you make payments to us, through this Website or otherwise;
• when you elect to receive marketing communications from us;
• when you use our services;

in each case, in accordance with this privacy policy.

Data that is collected automatically

• To the extent that you access the Website, we will collect your Data automatically, for example:
• we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
• we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".

Our use of Data

• Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
• internal record keeping;
• improvement of our products / services;
• transmission by email of marketing materials that may be of interest to you;

in each case, in accordance with this privacy policy.

• We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).

• For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:

• soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out.
• for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.
• if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.

• When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

• We may use your Data to show you MK Neon adverts and other content on other websites. If you do not want us to use your data to show you MK NEON adverts and other content on other websites, please turn off the relevant cookies (please refer to the section headed "Cookies" below).

Who we share Data with

• We may share your Data with the following groups of people for the following reasons:
• our employees, agents and/or professional advisors - To be able to process the orders;
• our service providers who act as digital consultants for MK Neon;

in each case, in accordance with this privacy policy.

Keeping Data secure

• We will use technical and organizational measures to safeguard your Data, for example:
• access to your account is controlled by a password and a user name that is unique to you.
• we store your Data on secure servers.

• Technical and organizational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorized access to your Data, please let us know immediately by contacting us via this e-mail address: custom@mkneon.com.

• If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Data retention

• Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.

• Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights

• You have the following rights in relation to your Data:
• Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
• Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
• Right to erase - the right to request that we delete or remove your Data from our systems.
• Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
• Right to data portability - the right to request that we move, copy or transfer your Data.
• Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
• Right to Opt-out of Sale of Your Personal Information:
  To the extent that we receive monetary or other valuable consideration for sharing or providing access to information about you with our merchant partners, third parties or affiliates in order to provide you rewards and benefits and for our targeted marketing purposes, the CCPA may deem this a “sale” of your personal information. You have a right under California law to opt-out of our “sale” of your information in this way. If you would like to exercise your right to opt-out of having your personal information shared in this way, please click the following link if you are a California resident: DO NOT SELL MY PERSONAL INFORMATION. Please note that to the extent you opt-out we may be unable to offer you some of our services which require such sharing. If you have further questions, you can contact us at custom@mkneon.com.

• To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: custom@mkneon.com.

• If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the US, this is the Federal Trade Commission. The FTC’s contact details can be found on their website at https://www.state.gov/

• It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.

Links to other websites

• This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

• MK NEON may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of MK NEON. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

• We may also disclose Data to a prospective purchaser of our business or any part of it.

• In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Cookies

• This Website may place and access certain Cookies on your computer. MK NEON uses Cookies to improve your experience of using the Website and to improve our range of products. MK NEON has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

• All Cookies used by this Website are used in accordance with current US Cookie Law.

• This Website may place the following Cookies:

Type of Cookie	Purpose
Analytical/performance cookies	They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies	These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies	These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

• You can find a list of Cookies that we use in the Cookies Schedule.

• You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.

• You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

• It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

• For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.

General

• You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

• If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

• Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

• This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

Changes to this privacy policy

• MK NEON reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.  
     
    You may contact MK NEON by email at custom@mkneon.com.

 

Your choices regarding direct marketing (email and SMS)

We may periodically send you free newsletters, surveys, offers, and other promotional materials related to our products and services which we believe are useful for you via e-mail or SMS.

If you do not wish to receive such communications anymore, you will always have the opportunity to "opt out" by following the unsubscribe instructions provided in each of our direct marketing email or SMS.

Where permitted under applicable law, we may send you service messages identifying any updates to our Privacy Policy.