Waxmelters

UNIVERSAL TERMS OF SERVICE / TERMS & CONDITION

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. By viewing this site and/or ordering any product or service or contacting Melting & Filling Equipment, Inc. DBA Waxmelters you expressly agree that you have read, understood and agree to be bound by these Universal Terms of Service/ Terms & Conditions for Melting & Filling Equipment, Inc. Product and Services.  If You do not agree to be bound, then do not view this or any affiliated websites, please leave this site immediately and do not order any products from Melting & Filling Equipment, Inc. DBA Waxmelters and/or any affiliated websites.

This Agreement ("Agreement") is by and between Melting & Filling Equipment, Inc. ("M&FE") a Washington corporation DBA WaxMelters and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of M&FE's(“Products”) and services (“Services”) and explains M&FE ’s obligations to You and Your obligations to M&FE in relation to the Products and Services You purchase.

You, or the individuals who contact M&FE on your behalf for information, to discuss equipment and/or to purchase Products and/or Services by phone, by mail, by email and/or on-line orders on M&FE's shopping cart, represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement and agree to be bound by its terms.  If You do not agree to be bound, then please leave this site immediately and do not order from M&FE.

A. GENERAL TERMS APPLICABLE TO ALL PRODUCTS AND SERVICES
1. TERM OF AGREEMENT; MODIFICATIONS.
You agree that M&FE may modify this Agreement and the Services from time to time. You agree to be bound by any changes M&FE may reasonably make to this Agreement when such changes are made. If You have purchased Services or Products from M&FE , the term of this Agreement shall continue in full force and effect. This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

2. ACCURATE INFORMATION.
You agree that M&FE shall not be bound by any statement of a general nature, which may be posted on M&FE ’s Web site or contained in M&FE ’s promotional materials, will not bind M&FE . M&FE may, at times, offer certain promotions with different charges and features. You agree that information on this site may contain technical, photographic, descriptive inaccuracies or typographical errors. Information, including product pricing, descriptions, functionality and availability, may be changed or updated without notice. Results on all machines and equipment may vary depending on substance being melted, the amount of material being dispensed, operator proficiency, elevation of the melter, melter attachments, a cold room, and operator proficiency.

You agree to maintain accurate information by providing updates to M&FE, as needed, while You are ordering M&FE ’s Products and/or Services. You agree You will notify M&FE within five (5) business days when any change of the information. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by M&FE to determine the validity of information provided by You will constitute a material breach of this Agreement.
Melting & Filling Equipment, Inc. and its subsidiaries reserve the right to refuse service, terminate and cancel orders in its discretion, including, without limitation, if Melting & Filling Equipment, Inc. believes that customer conduct violates applicable law or is harmful to the interests of Melting & Filling Equipment, Inc.

In the event that a M&FE product is mistakenly listed at an incorrect price, M&FE reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. M&FE reserves the right to refuse or cancel any such orders 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 cancelled, M&FE shall issue a credit to your credit card account in the amount of the incorrect price.

You agree that M&FE may use and rely on any such information provided by You for all purposes in connection with Your Services. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if M&FE has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, M&FE has the absolute right, in its sole discretion, to terminate and cancel your order and refuse service.

3. PRIVACY.
We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously. We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes. Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.

We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.

To allow us to better service you in responding to your customer service requests.

To quickly process your transactions.

To administer a contest, promotion, survey or other site feature.

If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.

We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. It does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.  To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production.

To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).

Our website SoapMelters.com may occasionally contact you regarding soap making services. SoapMelters is a DBA of Melting And Filling Equipment, Inc.

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change.

We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.  This online privacy policy applies only to information collected through our website and not to information collected offline.  By using our site, you consent to our privacy policy.

4. NO UNLAWFUL CONDUCT OR IMPROPER USE.

As a condition of Your use of M&FE ’s Products and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to M&FE if, for any reason, M&FE takes corrective action with respect to Your improper or illegal use of its products or services.

M&FE reserves the right at all times to disclose any information as M&FE deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in M&FE's sole discretion.

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a M&FE or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

5. NO SPAM; LIQUIDATED DAMAGES.
You agree that by contacting M&FE and/or providing your email address, M&FE may email you and send email solicitations.  If for whatever reason you do not want to receive emails, then please advise M&FE in writing.  If after notifying M&FE that you do not want to receive emails, M&FE sends you an email, you agree to waive any and all federal, state and local rights you may have and agree to liquidated damages of $1.00 (ONE DOLLAR) per spam email. 

6. INTELLECTUAL PROPERTY.
You agree that M&FE or its licensor holds all rights, title and interest in all Products and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Products.
You understand and agree that all content and materials contained in this Agreement, other policies, the M&FE Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that M&FE or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of M&FE or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

7. USE OF M&FE’S PRODUCTS.
By ordering a product, Consumer agrees to follow these policies and other safety precautions at all times:
USE CAUTION WHEN WORKING WITH HOT MATERIALS.
Please contact Melting & Filling Equipment, Inc. immediately should you notice equipment leaking, or not working properly. Delays in contacting Melting & Filling Equipment, Inc. could result in fire or further damage to the equipment.
Never use caustic, explosive or hazardous materials with this equipment. Death or serious injury may result.
Protective clothing and eyewear is advised.
Warranty: Does not cover damage to the equipment arising from alteration, abuse or use of product for other than its purpose. We reject all implied and expressed warranties. Damage arising from misuse, abuse is repaired at customer’s expenses.
Never install system or melting equipment within 400 ft. from combustible materials.
Always have a fire extinguisher within reach.
Equipment placed on the floor or below working level will reduce flow rate. M&FE provides this Products “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
DO NOT OPERATE AND LEAVE EQUIPMENT UNATTENDED.

8. FEES, PAYMENT, RETURNS, CUSTOM ORDERS AND WARRANTY.
As consideration for the Products or Services purchased by You and provided to You by M&FE , You agree to pay M&FE at the time You order. All fees are due immediately and are non-refundable. M&FE expressly reserves the right to modify pricing. Payment may be made by You by providing either a valid credit card, an online check, a personal check.

If for any reason M&FE is unable to charge Your Payment Method for the full amount owed M&FE for the Product and/or Services provided, or if M&FE is charged a penalty for any fee it previously charged to Your Payment Method, You agree that M&FE may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason M&FE is unable to charge Your credit card with the full amount of the Services provided, or if M&FE is charged back for any fee it previously charged to the credit card You provided, You agree that M&FE may pursue all available remedies in order to obtain payment. You agree that among the remedies M&FE may pursue in order to effect payment. M&FE reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services, and definitely in the pursuit and collection of payment, including but not limited to administrative time and legal fees associated with collecting payment, enforcing payment, handling credit card disputes and so on.  Melting & Filling Equipment, Inc. reserves the right to change its payment procedures at any time without prior notice to you.

RETURNS.
If within 30 days of receiving your equipment, an item is defective, then please contact Melting & Filling Equipment, Inc. for a Return Merchandise Authorization Number to return it. If an item is not defective or does not function properly from improper Customer alteration, misuse, abuse or use of product for other than its intended purpose, then no refunds will be issued but instead a credit minus applicable restocking fees (up to 15%) for some items and costs of repair if item can be repaired. Sorry, no refunds or credits after 30 days. For any other Authorized Returns (receiving a Return Merchandise Authorization form), You will receive a credit with M&FE minus applicable restocking fees (up to 15%), but no refunds. No refunds on used merchandised or credits for shipping, handling, insurance and freight costs. Under no circumstances Return Equipment to Melting & Filling Equipment, Inc. without contacting us: we will provide proper shipping information. A Return Merchandise Authorization number must be issued by Melting & Filling Equipment, Inc. Items without a return authorization will not be accepted. Any items, equipment or merchandise shipped to our address without a Return Merchandise Authorization Number will not be accepted and returned to Sender. Sender acknowledges that should Sender send any items to said address, Sender shall bare full costs of shipment and be responsible for any additional damages to merchandise and for any delays.

9. COPYRIGHT.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of M&FE. The collective work includes works that are licensed to M&FE. Copyright 2005, M&FE ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with M&FE or purchasing M&FE products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with M&FE or to purchase M&FE products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by M&FE. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

All content appearing on this Web site is the property of
Melting & Filling Equipment, Inc. DBA Waxmelters
1001 Fourth Avenue- Ste 3200 
Seattle, WA 98154 Copyright © 2005-2006. All rights reserved.

As a visitor, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only or to order products, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright ®2005 Melting & Filling Equipment, Inc. (Formerly CES, Inc.). All rights reserved.

10. TRADEMARKS.
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Melting & Filling Equipment, Inc. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Melting & Filling Equipment, Inc. or any third party, except as expressly granted herein.

11. SHIPPING & DELIVERY.
At this time, Melting & Filling Equipment, Inc. ships merchandise ships to numerous locations world-wide, but not every country.  In order to ship internationally or to Alaska, Hawaii, Puerto Rico, Guam or the US Virgin Islands, please ask for a special rate quote.  The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier. Under no circumstances ship any equipment, item or product 1411 Fourth Avenue-Suite 1508, Seattle, WA 98101 since this is a professional, corporate office, not a warehouse and cannot accept any items. Any items, equipment or merchandise shipped to this address will not be accepted and returned to Sender. Sender acknowledges that should Sender send any items to said address, Sender shall bare full costs of shipment and be responsible for any additional damages to merchandise and for any delays.

12. SALES TAXES.
Melting & Filling Equipment, Inc. (Formerly CES, Inc.) sells all products at a wholesale rate based and without sales tax if You are located outside of Washington and/or purchase equipment used in the manufacture of items to be resold.  Please visit the Sales Tax area of our site for more information and of course, please consult with an accountant since we are not offering any accounting advice.

13. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who contact M&FE to purchase Products and/or services by phone, by mail, via email and/or on-line orders on M&FE's shopping cart, represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Melting & Filling Equipment, Inc. (Formerly CES, Inc.) makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Melting & Filling Equipment, Inc. (Formerly CES, Inc.) SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Melting & Filling Equipment, Inc. (Formerly CES, Inc.) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Melting & Filling Equipment, Inc. (Formerly CES, Inc.).

The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Melting & Filling Equipment, Inc. (Formerly CES, Inc.) is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.

The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Melting & Filling Equipment, Inc. (Formerly CES, Inc.).
The inclusion of material on this server does not imply any endorsement by Melting & Filling Equipment, Inc. (Formerly CES, Inc.), which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Melting & Filling Equipment, Inc. (Formerly CES, Inc.) tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct

14. LIMITATION OF LIABILITY.
IN NO EVENT SHALL M&FE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF M&FE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

M&FE shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if M&FE has been advised of the possibility of such damages.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein or applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such states, M&FE ’s liability is limited to the full extent permitted by law. You agree that in no event shall M&FE ’s maximum aggregate liability exceed the total amount paid by You for the particular Products or Service in dispute purchased from M&FE.

15. DISCLAIMER OF WARRANTIES.
M&FE expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Except as specifically stated in writing, products are provided on an "As Is" and "As Available" basis. M&FE makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. M&FE does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise. This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, M&FE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. M&FE does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. M&FE does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You but you that in such event, that this Section can be construed as broadly as necessary to be enforceable.

16. Participation Disclaimer
M&FE does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, M&FE is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, M&FE reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to M&FE in its sole discretion.

17. Third-Party Links
In an attempt to provide increased value to our visitors, M&FE may link to sites operated by third parties. However, even if the third party is affiliated with M&FE, M&FE has no control over these linked sites, all of which have separate privacy and data collection practices, independent of M&FE. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, M&FE seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

18. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless M&FE and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with M&FE whether or not on Your behalf, and whether or not with Your permission) use of the Products or Services You purchased from M&FE or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold M&FE harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should M&FE be notified of a pending law suit, or receive notice of the filing of a law suit, M&FE may seek a written confirmation from You concerning Your obligation to indemnify M&FE . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that M&FE shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify M&FE of any such claim promptly in writing and to allow M&FE to control the proceedings. You agree to cooperate fully with M&FE during such proceedings.

19. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This agreement shall be deemed entered into in King County, the State of WASHINGTON. You agree that the laws and judicial decisions of King County, Washington, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of King County, Washington. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement. You consent and agree that the jurisdiction and venue for such proceeding shall lie exclusively with King County.

20. NOTICES.
M&FE may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to M&FE.  All notices from or to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to  shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:

1001 Fourth Avenue-Suite 3200, Seattle, WA 98154

Delivery shall be deemed to have been made by You after M&FE receives it.

21. HEADINGS.
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.

22. ENTIRE AGREEMENT.
You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and M&FE regarding the Products and Services contemplated herein.

23. SEVERABILITY.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

24. WAIVER.
The failure of M&FE to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of M&FE thereafter to enforce such provisions.

25. SURVIVAL.
All terms, sections and conditions herein shall survive any termination or cancellation of this Agreement.

26. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.

By viewing this site and/or ordering any product or service or contacting Melting & Filling Equipment, Inc. DBA Waxmelters you expressly agree that you have read, understood and agree to be bound by these Universal Terms of Service/ Terms & Conditions for Melting & Filling Equipment, Inc. Product and Services.  If You do not agree to be bound, then do not view this or any affiliated websites, please leave this site immediately and do not order any products from Melting & Filling Equipment, Inc. DBA Waxmelters and/or any affiliated websites.