Michelli Weighing & Measurement
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Terms of Service

Last Updated: December 5, 2024 — Please read these terms carefully before using our website or services.

These Terms of Service ("Terms") govern your access to and use of the Michelli Weighing & Measurement website and services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree, please do not use our website or services. These Terms constitute a legally binding agreement between you and Michelli, LLC.

1 Acceptance of Terms

By accessing or using the Michelli Weighing & Measurement website located at michelli.com (the "Site") or any of our related services (collectively, "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. If you are using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

We reserve the right to modify these Terms at any time. Changes become effective upon posting to the Site. Your continued use of the Site after any modifications constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

2 Description of Services

Michelli Weighing & Measurement provides weighing and measurement solutions, including but not limited to: calibration services, scale installation, equipment repair, inspections and certifications, preventative maintenance, weighing systems, and asset management services. Our Site provides information about our products and services, enables you to request quotes and contact our team, and may provide access to account-related features.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

3 Eligibility

You must be at least 18 years of age to use our Site or Services. By using the Site, you represent and warrant that you are at least 18 years old and that your use of the Site does not violate any applicable law or regulation. If you are under 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Our Services are intended for use only within the United States. We make no representation that the Site or Services are appropriate or available in other locations. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.

4 User Accounts

Some areas of our Site or Services may require you to create an account. When you create an account, you agree to:

  • Provide accurate, current, and complete information as prompted by the registration process.
  • Maintain and promptly update your account information to keep it accurate, current, and complete.
  • Maintain the security and confidentiality of your password and account credentials.
  • Accept all responsibility for all activities that occur under your account.
  • Notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to terminate accounts, remove or edit content, or cancel orders at our sole discretion. You may not transfer your account to any other person or entity.

5 Intellectual Property

The Site and all of its content, features, and functionality — including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software — are the exclusive property of Michelli, LLC and/or its licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial purposes. This license does not include:

  • Any resale or commercial use of the Site or its contents.
  • Any collection and use of product listings, descriptions, or prices.
  • Any derivative use of the Site or its contents.
  • Any downloading or copying of account information for the benefit of another merchant.
  • Any use of data mining, robots, or similar data gathering and extraction tools.

The Michelli name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Michelli, LLC. You must not use such marks without the prior written permission of Michelli, LLC.

6 Acceptable Use

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate Michelli, a Michelli employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which may harm Michelli or users of the Site.
  • To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • To attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • To scrape, crawl, or use automated means to access the Site without our express permission.

7 Products & Services

Michelli Weighing & Measurement offers weighing and measurement products and services including calibration, repair, installation, and related professional services. All products and services are subject to availability. We reserve the right to discontinue any product or service at any time.

Product descriptions, specifications, and pricing are subject to change without notice. We make reasonable efforts to accurately describe our products and services, but we do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. If a product or service offered by Michelli is not as described, your sole remedy is to return it in unused condition per our applicable return policy.

We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion, including situations where we believe that customer conduct violates applicable law or is harmful to our interests.

8 Purchases & Payment

When you make a purchase through our Site or through a sales representative, you agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates.

We reserve the right to refuse or cancel any order for any reason, including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

All prices are in U.S. dollars and are subject to applicable taxes. Payment must be received prior to the provision of services unless credit terms have been expressly established in writing between Michelli and your organization. Late payments may be subject to interest charges as permitted by law.

9 Disclaimers & Warranties

THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, Michelli, LLC disclaims all warranties, express or implied, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Any warranty that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
  • Any warranty regarding the accuracy, reliability, or currency of any information or content on the Site.
  • Any warranty that defects in the Site will be corrected.

This disclaimer does not apply to any product warranty offered by Michelli in connection with its products or services sold pursuant to a separate written agreement. Specific service-level commitments are governed by individual service agreements between you and Michelli.

10 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MICHELLI, LLC, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

This includes damages for loss of profits, revenue, data, business, or goodwill, whether arising from contract, warranty, tort (including negligence), strict liability, or any other legal or equitable theory, arising out of or in connection with your use of, or inability to use, the Site or Services, even if Michelli has been advised of the possibility of such damages.

In no event shall Michelli's total liability to you for all claims arising out of or relating to these Terms or your use of the Site or Services exceed the greater of: (a) the amount you paid to Michelli in the twelve (12) months preceding the event giving rise to the claim; or (b) one hundred dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you in full.

11 Indemnification

You agree to defend, indemnify, and hold harmless Michelli, LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms of Service.
  • Your use of the Site or Services.
  • Your violation of any third party's rights, including intellectual property rights.
  • Any content you submit to the Site.
  • Your violation of any applicable law or regulation.

The Site may contain links to third-party websites or services that are not owned or controlled by Michelli. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party website you visit.

Links to third-party sites do not imply endorsement by Michelli of those sites or any association with their operators. These links are provided as a convenience only. Access to any linked sites is at your own risk.

We may also use third-party tools and services — including but not limited to Google Tag Manager, Google Analytics, Meta Pixel, Reddit Pixel, LinkedIn Insight Tag, and other marketing and analytics services — that may collect information about your use of the Site. Use of the Site constitutes your consent to such collection as described in our Privacy Policy.

13 Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to all actions we take with respect to your information as described in our Privacy Policy. Our Privacy Policy describes how we collect, use, and share information about you when you use our Site and Services.

We respect the intellectual property rights of others. If you believe that any content on the Site infringes upon your copyright, please submit a notice to our designated copyright agent containing the following information pursuant to the Digital Millennium Copyright Act (DMCA):

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
  • A description of the copyrighted work claimed to have been infringed.
  • A description of where the material you claim is infringing is located on the Site.
  • Your contact information, including address, telephone number, and email address.
  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please send DMCA notices to: legal@michelli.com or by mail to Michelli, LLC, Attn: Legal, 130 Brookhollow Esplanade, Harahan, LA 70123.

15 Termination

We may terminate or suspend your access to all or part of the Site and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will cease immediately.

All provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may discontinue use of the Site at any time. If you have an account, you may contact us to request deletion of your account, subject to our Privacy Policy and applicable legal obligations.

16 Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and Michelli arising out of or relating to these Terms shall be brought exclusively in a court of competent jurisdiction located in Jefferson Parish, Louisiana, and you irrevocably consent to personal jurisdiction in such courts.

Informal Resolution

Before filing a claim, you agree to first try to resolve any dispute informally by contacting us at legal@michelli.com or calling (800) 903-8823. We will attempt to resolve the dispute informally within 30 days of your notice.

Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MICHELLI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17 Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice (such as posting prominently on the Site or sending an email notification to registered users) prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.

18 Contact Us

If you have any questions about these Terms of Service, please contact us:

Mail Michelli, LLC, Attn: Legal
130 Brookhollow Esplanade
Harahan, LA 70123