Terms and Conditions

TERMS OF SERVICE

Overview

This website is operated by Meridian Ltd. d/b/a Meridian Boutique (“Meridian”, “we”, “us”, or “our”). Throughout the site, these terms refer to Meridian Ltd. d/b/a Meridian Boutique.

We offer this website, including all information, tools, and services available from this site (collectively, the “Site” and our “Services”), to you, the user (“you” or “your”), conditioned upon your acceptance of all terms, conditions, policies, and notices stated here (collectively, these “Terms of Service” or “Terms”).

By visiting our Site and/or purchasing something from us, you use our Services and agree to be bound by these Terms of Service, including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at any time, to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 – Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws in your jurisdiction (including, without limitation, copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your access to the Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services, or any contact on the Site through which the Services are provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, by its nature, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our Site.

Section 4 – Modifications to the Services and Prices

Prices for our products are subject to change without notice.

We reserve the right, at any time, to modify or discontinue the Services (or any part or content thereof) without notice.

We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.

Section 5 – Products or Services

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We make every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction, and may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Services will be corrected.

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

If we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address and/or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

Section 7 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

Section 8 – Third-Party Links

Certain content, products, and services available via our Services may include materials from third parties.

Third-party links on this Site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 9 – User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example, contest entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “Comments”), whether online, by e-mail, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us.

We are and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

Section 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy for more information.

Section 11 – Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

Section 12 – Prohibited Uses

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the Site or its content:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

Section 13 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Meridian Ltd. d/b/a Meridian Boutique, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

Section 14 – Indemnification

You agree to indemnify, defend, and hold harmless Meridian Ltd. d/b/a Meridian Boutique and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents they incorporate by reference, or (b) your violation of any law or the rights of a third party.

Section 15 – Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof).

Section 17 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Montana, United States, without regard to its conflict-of-laws rules. Subject to any applicable arbitration provisions, you agree that any dispute that is not required to be arbitrated will be brought in the state or federal courts located in or serving Bozeman, Montana, and you consent to the personal jurisdiction of such courts.

Section 19 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 – SMS/MMS Mobile Message Marketing Program Terms and Conditions

Meridian Ltd. d/b/a Meridian Boutique (“Meridian,” “we,” “us,” or “our”) offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these SMS/MMS Mobile Messaging Terms and Conditions and our Privacy Policy (collectively, this “Agreement”). By opting in to or participating in the Program, you accept and agree to this Agreement, including, without limitation, your agreement to resolve disputes with us through binding, individual-only arbitration as described in the Dispute Resolution section below. This Agreement applies only to the Program and does not modify other terms and conditions or privacy policies that may govern your relationship with us in other contexts.

User Opt-In

The Program allows users to receive SMS/MMS mobile messages by affirmatively opting in, such as through an online form or application-based enrollment. Regardless of the opt-in method used, you agree that this Agreement applies to your participation in the Program. By participating, you agree to receive autodialed or prerecorded marketing messages at the phone number associated with your opt-in. Consent to receive such messages is not a condition of any purchase. While you consent to receive messages sent with an autodialer, this does not imply that all messages are sent using an automatic telephone dialing system (“ATDS”). Message and data rates may apply.

User Opt-Out

If you wish to stop receiving messages or no longer agree to this Agreement, you must reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us. You may receive one final message confirming your opt-out. These are the only acceptable methods for opting out. Any other attempt—such as texting alternative words or verbally requesting removal—is not considered a reasonable or valid opt-out method.

Duty to Notify and Indemnify

If you plan to stop using the mobile number associated with the Program—such as canceling your phone plan or transferring your number—you agree to complete the opt-out process described above before ending use of the number. Failure to do so constitutes a material breach of this Agreement.

If you discontinue use of your number without notifying us, you agree to be responsible for all costs and liabilities (including attorneys’ fees) incurred by us or any delivery partner arising from claims brought by a new subscriber of that number.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS from any claim or liability resulting from your failure to notify us of a change in your contact information, including claims under the Telephone Consumer Protection Act (47 U.S.C. § 227) or similar state or federal laws.

Program Description

Users who opt into the Program may receive messages regarding promotions, marketing campaigns, new products, digital and physical goods, services, and event information.

Cost and Frequency

Message and data rates may apply. The Program involves recurring automated messages, and additional messages may be sent based on your interactions with us.

Support Instructions

For support, text HELP to the number from which you received messages, or email help@meridianboutique.com.
Please note: emailing us does not constitute a valid opt-out. Opt-outs must follow the procedure listed above.

MMS Disclosure

If your mobile device does not support MMS, messages may be delivered via SMS (text-only).

Disclaimer of Warranty

The Program is offered on an “as-is” basis and may not be available in all areas or at all times. The Program may cease to function due to changes made by your wireless carrier. We are not responsible for delays or failures in message delivery. Delivery is dependent on your wireless carrier, and T-Mobile is specifically not liable for delayed or undelivered messages.

Participant Requirements

You must have a wireless device capable of two-way messaging and be subscribed to a participating wireless carrier. Not all carriers support the necessary services. Check your device’s capabilities for instructions.

Age Restriction

You may not use or engage with the Program if you are under thirteen (13) years of age.
If you are between thirteen (13) and eighteen (18), you must have parental or guardian permission to participate.
By using the Program, you represent that:

  • You are not under age 13;

  • If between 13 and 18, you have permission to participate; and

  • You are permitted by applicable law in your jurisdiction to use the Program.

Prohibited Content

You agree not to send prohibited content through the Program. Prohibited content includes:

  • Fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity

  • Profanity, obscenity, lasciviousness, violence, bigotry, hatred, or discriminatory content

  • Pirated software, viruses, worms, Trojan horses, or harmful code

  • Any unlawful product, service, or promotion

  • Content implicating personal health information protected under HIPAA or HITEC

  • Any content prohibited by applicable law

Dispute Resolution

Any dispute, claim, or controversy between you and us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider transmitting messages on our behalf, arising out of or relating to this Agreement will be resolved through binding arbitration in Bozeman, Montana before a single arbitrator, to the fullest extent permitted by law.

The parties agree to:

  • Submit disputes to arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”).

  • Apply the substantive laws of the federal judicial circuit where Meridian’s principal place of business is located.

  • Jointly select an arbitrator with at least five years of relevant experience within 10 days of a demand for arbitration.

  • Petition the AAA to appoint an arbitrator if the parties cannot agree.

The arbitrator will determine the enforceability and interpretation of this arbitration agreement under the Federal Arbitration Act (“FAA”).

The arbitrator’s decision will be final and binding with limited appeal rights under the FAA. Each party will bear its own arbitration fees unless the arbitrator orders otherwise in a reasoned decision.

The arbitrator may not award punitive damages, and both parties waive any right to pursue or recover such damages.

The parties agree to arbitrate solely on an individual basis. Class arbitration, class actions, representative actions, and private attorney general actions are not permitted.

Except where required by law, neither party nor the arbitrator may disclose the arbitration’s existence, content, or results without written consent.

This arbitration provision survives termination of your participation in the Program.

Miscellaneous

You represent and warrant that you have all necessary rights and authority to enter this Agreement and perform your obligations. Failure to exercise any right does not waive it. If any provision is found invalid or unenforceable, it will be limited or removed to the minimum extent necessary.

Any new features, updates, or improvements to the Program are subject to this Agreement unless stated otherwise in writing. We reserve the right to amend this Agreement at any time. Updates will be communicated to you, and your continued participation constitutes acceptance of the revised Agreement.

Section 21 – Contact Information

Questions about these Terms of Service should be sent to:
help@meridianboutique.com