Terms and Conditions

Terms and Conditions

As of February 24, 2024

WELCOME TO 3PMESSLIFESTYLE.COM. THIS WEBSITE IS OWNED AND OPERATED BY MELVIN TERMAIN ("3P MESS LIFESTYLE", "3P MESS", "THE 3P MESS", "we", "our", or "us", "Company") AND PROVIDES TRAINING, EDUCATIONAL, AND ASSOCIATED AND COMPLIMENTARY INFORMATION, PRODUCTS, AND SERVICES. PLEASE READ AND UNDERSTAND THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING, PARTICIPATING IN, OR PURCHASING FROM US, OUR WEBSITE, OR ANY OF OUR SITES WHICH LINK TO THIS TERMS AND CONDITIONS ("SITE") OR BEFORE USING, ACCESSING, PURCHASING, OR PARTICIPATING IN ANY OF OUR EDUCATIONAL TRAINING, CUMMUNITIES, GROUPS, SERVICES, PRODUCTS, PROGRAMS, PUBLISHED MATERIALS, OR EVENTS ("CURRICULUM").

BY UTILIZINING THE WEBSITE OR ANY OF ITS APPLICATIONS, YOU INDICATE YOUR CONSENT TO ABIDE BY THESE TERMS AND CONDITIONS. BY DOING SO, YOU CONFIRM THAT YOU ARE LEGALLY CAPABLE OF ENTRING INTO THIS AGREEMENT, AND YOU ACKNOWLEDGE AND ADHERE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT CONSENT TO THESE TERMS OF SERVICES, YOU MUST CEASE USAGE OF THE WEBSITE AND/OR OUR APPLICATIONS, PROGRAMS, EVENTS, AND CURRICULUM PROMPTLY.

BY ACCEPTING THESE TERMS AND CONDITIONS, YOU CONSENT TO SETTLING ANY DISAGREEMENTS WITH 3P MESS LIFESTYLE/MELVIN TERMAIN/US THROUGH ONLY BINDING INDIVIDUAL ARBITRATION. YOU RENOUNCE THE PRIVILAGE TO ENGAGE IN ANY CLASS ACTION LITIGATIONS AND TO HAVE DISPUTES HEARD AND DELIBERATED BY A JURY OR IN A LEGAL COURT AS ELABORATED IN THE DISPUTE RESOLUTION SEGMENT BELOW.

These Terms and Conditions, combined with our Refund & Cancellation Policy, Privacy Policy, Cookies Policy, Community/Group Expectations & Guidelines, Change Notice, Disclaimers, and any other similar terms and/or notices published to the Website or agreed to relating to use of or access to any of our Programs, Events, Presentations, Talks, Training/Educational Classes, all of which are incorporated in these Terms and Conditions, where this source composes a legally binding agreement (the "Terms and Conditions") entered into between you ("you", "your", "Member", "Client", "Customer", User") and 3P MESS Lifestyle/Melvin Termain (each a "Party" and collectively the "Parties") and administer your access to and use of our programs, website(s), whether as a registered member, guest, or similar user.

Kindly be aware various purchases and/or registrations/enrollments can be subject to further Terms and Conditions stated within their corresponding enrollment and/or purchase contract (each a "Purchase Agreement") presented upon purchase and needed to be signed before payment acceptance and 3P MESS Lifestyle’s delivery of any affiliated Programs related to such transactions. Should there be any inconsistency between these Terms and Conditions and a relevant Purchase Agreement, the stipulations of the Purchase Agreement shall take precedence exclusively concerning the discrepancy.

ACCESS AND USE:

Our website(s), platform and services are designed for adult use. By entering and/or engaging with our platform and/or services, you confirm that you are at least eighteen (18) years of age or the lawful age of adulthood in your country, state, province, and/or jurisdiction of residence, comprehend and accept these Terms and Conditions, and possess the legal competence to engage in a binding contractual agreement with 3P MESS Lifestyle/Melvin Termain. Failure to meet these criteria prohibits you from accessing or using the platform or services.

Nonetheless, it's within our exclusive judgment to allow entry to the Website or Courses to minors under the age of eighteen (18) but over thirteen (13), granted we obtain parental or guardian consent and fulfill other conditions set by us, in our sole discretion. Should a minor within this age range wish to access or utilize the Website or Courses, they must reach out to 3P MESS Lifestyle through email at [email protected] and fulfill all stipulated criteria communicated by 3P MESS Lifestyle.

PROGRAM AND MEMBERSHIP PURCHASES:


All acquisitions of Memberships and Programs must be commenced by a consenting adult who holds the authority to purchase such Program using a validated payment method. We retain the privilege to decline service, discontinue access or accounts, alter or erase content, or annul orders at our exclusive discretion at will. Reimbursements for annulled orders will solely adhere to the Cancellation and Refund Policy.

By furnishing 3P MESS Lifestyle with any payment method, you confirm that: (i) the provided payment details are accurate and complete (including but not limited to credit card info), (ii) you possess proper authorization to employ said payment method for purchases, (iii) charges incurred will be approved by the relevant payment processor (including but not limited to your credit card company), and (iv) you agree to settle charges at listed prices, covering shipping, handling, and applicable taxes, regardless of initial quotations (unless otherwise agreed to in writing with an authorized 3P MESS Lifestyle representative).


Prices listed on the Website or conveyed to you by a 3P MESS Lifestyle representative are subject to alteration without prior notice. The price you're charged for a product/service will be the prevailing price upon order placement, detailed on the order confirmation page and/or in the order confirmation email. Any price increases will solely affect subsequent orders only. Displayed prices (if any) exclude third-party fees like taxes, shipping charges, and similar costs, if applicable, which will be added to your total. While 3P MESS Lifestyle aims for precise pricing, occasional inadvertent typographical errors, inaccuracies, or omissions regarding pricing may occur. 3P MESS Lifestyle retains the right to rectify such errors and cancel any resulting orders.


You acknowledge that placing an order with 3P MESS Lifestyle signifies your offer to purchase all Programs specified in your order, subject to these Terms and Conditions. We reserve the right to accept or decline orders at our discretion, even after sending a confirmation email with your order details and order number.

GEOGRAPHICAL RESTRICTIONS:


The Website, Membership(s), and Programs are not available for sale or access in certain countries/areas, including but not limited to: Afghanistan, China, Croatia, Egypt, Georgia, Greece, India, Indonesia, Israel, Malaysia, Mexico, Pakistan, Philippines, Romania, Russia, Saudi Arabia, South Africa, Turkey, and Utah, USA. We offer the Website, Membership(s), and Programs for use in jurisdictions where they are permitted. If you buy, use, or access them from a restricted jurisdiction, you do so voluntarily, at your own risk, and you are responsible for complying with all jurisdiction applicable laws.


It's forbidden to circumvent 3P MESS Lifestyle's geographic restrictions or geo-blocking by any means, constituting a breach of these Terms and Conditions. Any deviation from these restrictions necessitates explicit written consent from 3P MESS Lifestyle.

PRIVACY:

Please read and understand our Privacy Policy so you understand our privacy practices.

CONSIDERSATION:

You acknowledge these Terms and Conditions are supported by reasonable, fair, and valuable consideration, the adequacy and receipt you knowingly acknowledge, including your access to and use of the Website, Programs, Curriculum, Dashboard and backend setup, as well as any associated materials and information provided at or through all the above.

CODE OF CONDUCT:


By using this Website, you may be included and/or notified in/about events, communities, and/or groups hosted by the Company, interacting with various stakeholders including employees, associates, clients, members, affiliates, and/or partners of 3P MESS Lifestyle. You must comply with 3P MESS Lifestyle's published engagement rules and codes of conduct, including the Expectations, Community Guidelines, and similar adherences posted, published, and/or communicated on/in 3P MESS Lifestyle's Website, groups, etc. 3P MESS Lifestyle will endeavor to publish these guidelines and solely reserves the right to revoke access to our groups, communities, and events if users engage in what we deem to be abusive behavior or restrictive. 3P MESS Lifestyle may substitute comparably or similar valued products or services at its discretion to fulfill the Terms and Conditions. Violations may lead to restrictions but won't result in refunds of your purchase.

DELIVERY:

The marketplace, training products, events, support group(s) and other products/services are available instantly upon payment after your create your membership. After checkout, you'll create a membership account and provide necessary details including personal information. After completion, you'll receive an email with login credentials and access links to the products/services you purchased (as available). Not all products/services are available in every area. Some products/services may not be available due to not being released yet and may be forthcoming. Additional products follow terms outlined in their Purchase Agreement.

CANCELLATION & REFUND POLICY:

All purchases are subject to 3P MESS Lifestyle's Cancellation and Refund Policy.

INTELLECTUAL PROPERTY:

The entirety of the materials found on the Website and/or within our Programs (referred to as "Content") including text, graphics, logos, icons, images, audio, video content, digital downloads, data, or software, belongs to us or our licensors/licensees. 3P MESS Lifestyle exclusively owns the compilation of this Content, which is safeguarded by copyright laws, treaties, and conventions both domestically and internationally. All software utilized on the Site or within our Programs belongs to us or our software suppliers and is likewise protected by copyright laws, treaties, and conventions in the United States and internationally.

The Website and our Services/Products/Programs feature graphics, service marks, page headers, scripts, trademarks, trade names, icons, and logos, each owned by us or our licensors/licensees. You must obtain 3P MESS Lifestyle's written consent before using our Marks or any of the above listed. Any other Marks on the Website or associated with the Services/Products/Programs belong to their respective owners, who may or may not be affiliated with us. Using these/their Marks and the above listed requires prior written consent from their owners.

You maybe provided with a restricted license to access and utilize the Website and/or our Services/Products/Programs that you acquire, adhering to the Use Restrictions outlined in these Terms and Conditions. No ownership or rights to the Website, Products/Services/Programs, or associated content are transferred to you in any way; 3P MESS Lifestyle reserves all rights not explicitly granted. Unauthorized use of the Website or Services/Products/Programs constitutes a breach of these Terms and may infringe upon copyright, trademark, and other legal regulations.

USE RESTRICTIONS:

These Terms and Conditions allow you to access and/or utilize the Website and/or Services/Products/Programs for personal, non-commercial purposes exclusively. Content from the Website, any associated website or mobile application, or similar applications controlled by us, or otherwise related to our services/products/programs may not be reproduced, copied, downloaded (aside from page caching), uploaded, republished, transmitted, posted, or distributed in any manner, nor visited, resold, sold, or exploited for commercial purposes, except for: (i) temporary storage in RAM during access; (ii) browser-cached files for display enhancement; and (iii) printing or downloading a single copy of limited pages for personal, non-commercial use, without further distribution, publication, or reproduction.

You're prohibited from: (i) altering Content copies as allowed herein; (ii) separating photos, illustrations, audio/video sequences, or graphics from accompanying text; and (iii) removing or changing trademark, copyright, or other proprietary rights notices on Website, group, and similar location materials.

You are prohibited from engaging in commercial activities using our Website, Content, or Services/Products/Programs. This includes gathering product descriptions, listings, or prices for others' benefit, as well as using data gathering, data mining, or extraction tools. Framing, enclosing Marks or Content, or using meta tags or hidden text containing intellectual property, requires express written consent from us and relevant owners.

You are permitted to utilize the Website and, if applicable, the Services/Products/Programs solely for lawful purposes and in compliance with these Terms and Conditions. You expressly commit to refrain from accessing or using the Website or Services/Products/Programs in the following circumstances:

  • In any manner that breaches relevant federal, state, local, or global laws or regulations (which encompass, but are not limited to, laws concerning data or software exportation to and from the US or other nations).

  • With the aim of exploiting or causing harm to minors by exposing them to unsuitable content, soliciting personally identifiable details, or engaging in any other harmful activities.

  • To transmit, knowingly acquire, upload, download, utilize, or re-use any material that fails to adhere to 3P MESS Lifestyle's published content guidelines.

  • Sending or arranging the transmission of any advertising or promotional content without obtaining our prior written approval, including "chain letters,", "junk mail," "spam," or any similar form of solicitation.

  • To mimic or endeavor to mimic 3P MESS Lifestyle, a staff member of 3P MESS Lifestyle, another user, or any other individual or entity (which includes, but is not limited to, using email addresses or screen names linked to any of the aforementioned).

  • Participating in any other behavior that hampers or curtails anyone's utilization or pleasure of the Website or the Services/Products/Programs, or that, as evaluated by us, might detrimentally affect 3P MESS Lifestyle or our Websites'/Services'/Products'/Programs' users, or subject them to legal liability.

You also agree not to:

  • Utilize the Website in a way that might deactivate, overload, harm, or hinder the Website, or disrupt another party's usage of the Website, including their capacity to participate in real-time activities via the Website.

  • Employ any automated mechanism, such as a spider, robot, or similar tool, to access the Website for any intent, including monitoring or duplicating any material present on the Website.

  • Employ any non-automated method to observe or replicate any content on the Website, or for any other objective not explicitly permitted in these Terms and Conditions, without obtaining our prior written authorization.

  • Utilize any tool, program, or procedure that disrupts the appropriate functionality of the Website.

  • Inject any Trojan horses, viruses, logic bombs, worms, or similar malicious or harmful material or technology.

  • Try to obtain unauthorized entry, obstruct, impair, or disturb any sections of the Website, the server where the Website is hosted, or any database, server, or computer, linked to the Website.

  • Assault the Website using a distributed denial-of-service attack or denial-of-service attack.

  • Otherwise endeavor to disrupt the correct operation of the Website.

Should you access, use, or grant access to any portion of the Website or any Services/Product/Program in violation of these Terms and Conditions, your privilege to use the Website and/or the Services/Products/Programs will cease immediately. We reserve the right to promptly revoke your access and/or use of the Website and/or the Services/Products/Programs, and you must, at our discretion, either return or dispose of any copies of the Content you have created.

CONTENT RESPONSIBILITY DISCLOSURE:

All information, data, guidance, or recommendations associated with any Content on this Website or linked to the Services/Products/Programs are for informational purposes exclusively and are not meant to offer specific financial, legal, tax, or investment, advice. If you choose to rely on such information, guidance, or recommendations, you do so entirely at your own risk and discretion. The Content accessible on our Website or through our Services/Products/Programs should not be regarded as exhaustive; users are urged to form their own conclusions that align with their personal and/or business requirements or seek advice from their own financial, legal, tax, and/or investment, advisors as needed.

3P MESS Lifestyle holds no responsibility for any content generated by its users, partners, or affiliates using the tools or services provided on the Website. 3P MESS Lifestyle is not obligated to monitor the content created by its users, partners, or affiliates, although 3P MESS Lifestyle’s affiliates, partners, and users must adhere to 3P MESS Lifestyle’s Affiliate and applicable Codes of Conduct.

Users, partners, and affiliates are cautioned to assess the consequences of their own creations, as they bear full and sole responsibility in the event of any legal or judicial repercussions.

3P MESS Lifestyle may not be affiliated with every site linked to its Website, thus it assumes no responsibility for content found on third-party sites. These links are provided for user/partner/affiliate convenience and should be accessed at the user's own risk. Any references to other websites, products, services, or publications do not indicate endorsement, except for 3P MESS Lifestyle's subsidiaries, partners, and affiliates. Certain elements on this Website, such as graphics, names, icons, logos, words, designs, phrases, or titles, may constitute trademarks, trade names, or service marks of 3P MESS Lifestyle, or other entities. The presence of trademarks on this Website doesn't imply any form of licensing. Unauthorized re-transmission, downloading, modification, or copying, of trademarks and/or contents herein could violate federal and/or international trademark and/or copyright laws, potentially resulting in legal repercussions.

PROTECTION AND USAGE OF CREDENTIALS AND ACCESS:

Users of the Website may receive a username and password ("Credentials") to access specific areas of the Website and/or Services/Products/Programs. Receiving Credentials signifies authorization for access. Users accept full responsibility for all Website and/or Services/Products/Program access and usage, including communications, transactions, and purchases made through the Website using the assigned Credentials, regardless of authorization. Users are solely responsible for safeguarding the security and confidentiality of their Credentials. Any unauthorized use, disclosure, or security breaches related to the Website and/or Services/Products/Programs must be promptly reported to 3P MESS Lifestyle. Essentially, users are accountable for all activity carried out using their Credentials.

You consent to logging out of the account linked to your Credentials after each session. Exercise caution, especially when accessing your account via shared or public computers, to prevent others from observing or recording your password and/or personal details.

We have the right to deactivate the account linked to your Credentials at any moment if we believe you have breached any portion of these Terms and Conditions.

You acknowledge any information you furnish 3P MESS Lifestyle regarding the assignment of your Credentials on this and related Websites or otherwise, including interactions with any interactive features, is subject to our Privacy Policy. You agree to all actions taken by us regarding your information, in accordance with our Privacy Policy.

SYSTEM REQUIREMENTS:

Accessing the Website/Platform and its Services/Products/Programs might necessitate an online connection, video/audio software, and/or a compatible device or player ("Systems"). Ensuring you possess the necessary Systems for utilizing the Website/Platform and/or its programs is entirely your responsibility. These Systems, including your computer, may demand periodic updates or enhancements for continued efficient usage, for which you hold sole responsibility. The functionality of the Website and/or Services/Products/Programs may be influenced by the performance of your Systems. You admit and accept that adhering to the system prerequisites of your Systems is entirely your obligation and you acknowledge utilizing, updating, or maintaining such Systems might result in separate fees/costs, distinct from any charges incurred to you by 3P MESS Lifestyle, for which the User bears sole responsibility.

DISCLAIMERS:

3P MESS Lifestyle provides educational, networking, support group, and similar self-improvement resources and information, which should not be interpreted as financial or investment advisement, accounting or tax advice, or a guarantee/promise of outcomes. Additionally, 3P MESS Lifestyle does not present any business opportunity, franchises, or get-rich-quick schemes. The outcomes you achieve will differ and hinge on various factors, encompassing the product's nature, market conditions, your expertise and commitment, the effort and resources you invest and have available to you, along with external circumstances beyond your influence. Before applying any strategies to your specific business or life circumstances, it is imperative to conduct thorough research and depend on your own insights, guidance, and professional advisors' to assess financial, medical, tax consequences, and other risks. Further details on disclaimers can be accessed by clicking this link.

USER GENERATED CONTENT:


While utilizing the Website or engaging in 3P MESS Lifestyle Programs, you have the option to share reviews, comments, images, videos, personal info, endorsements, testimonials, inquiries, comments, questions, or other content ("Content" or "Contributions"). These Contributions must not be: unlawful, indecent, menacing, slanderous, violating intellectual property rights, harmful to 3P MESS Lifestyle or third parties, politically motivated, solicitous, deceptive, impersonating, or any form of unsolicited messages, or otherwise unsuitable as determined by 3P MESS Lifestyle ("Prohibited Content"). 3P MESS Lifestyle retains the right, though not the obligation, to oversee, modify, or delete any Contribution from its Website, groups, pages, and similar platforms based on its sole judgment of what constitutes Prohibited Content, and reserves all rights to eliminate or alter such Contributions, or escalate them to pertinent third parties or regulatory authorities when deemed necessary.

Notwithstanding the above, we retain the authority to collaborate entirely with any law enforcement agencies or judicial directives mandating or instructing us to reveal the identity or additional details of any individual posting materials via the Website. YOU RENOUNCE AND CONSENT TO EXEMPT 3P MESS LIFESTYLE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, ASSOCIATES, LICENSEES, VENDORS, PARTNERS, AND SERVICE PROVIDERS FROM ANY ALLEGATIONS ARISING FROM ANY MEASURES UNDERTAKEN BY ANY OF THE AFOREMENTIONED PARTIES DURING, OR ARISING AS A RESULT OF, INQUIRIES BY SUCH PARTIES OR LAW ENFORCEMENT AGENCIES.

Users are advised against posting or submitting any Contributions they do not wish to be bound by the User-Generated Content License outlined herein. The aforementioned Content, in conjunction with any material you submit or transmit to us subsequently, is collectively denoted as "User-Generated Content." Upon posting or transmitting any User-Generated Content to us, whether deliberately or inadvertently, we possess unrestricted rights to utilize such User-Generated Content, including your name or pseudonym, for any and all purposes, whether commercial or otherwise, without further consent from you or any other party, and without any compensation. We and our representatives also retain the right (though not the obligation) to utilize the name you provide, as well as any other name under which you are known or may be known, in association with User-Generated Content. Without limiting the scope of the above, you hereby grant us an unconditional, perpetual, non-exclusive, irrevocable, fully paid, royalty-free, sublicensable, and transferable global license to use, reuse, reproduce, transmit, print, publish, display, exhibit, distribute, redistribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works from, and publicly perform User-Generated Content, in whole or in part, through any means and in any media now known or developed in the future, for any and all purposes, without further notification to you and with or without attribution (referred to as the "User-Generated Content License"). You agree to the terms of the User-Generated Content License irrespective of whether your User-Generated Content is utilized by us.

You affirm, ensure, and consent to the following: (i) you possess or otherwise wield complete authority over all rights to every piece of User-Generated Content you publish or transmit to us; (ii) all your User-Generated Content are correct and accurate; (iii) utilization of such User-Generated Content doesn't breach these Conditions, our Privacy Policy, or the rights of any third party and won't inflict harm on anyone; and (iv) you will defend us, our officers, directors, employees, vendors, partners, members, affiliates and delegates against all claims arising from, resulting from, or related to any such User-Generated Content. We retain the right (though not the obligation) to oversee, modify, or eliminate any activity or content associated with you. We bear no responsibility, and accept no accountability, for any User-Generated Content posted or transmitted by you or by any other individual.

You acknowledge that User-Generated Content won't be assumed to entail any expectation of reliance or confidentiality between us, and that no confidential, legal, medical, or fiduciary association is intended or formed between you and 3P MESS Lifestyle.

Whenever you visit the Website, our Pages, Groups, or similar platform, or share User-Generated Content, you consent to reaffirm and validate the User-Generated Content License concerning such User-Generated Content and all previously posted or submitted User-Generated Content by you.

Contributions, posts, and submissions are likewise bound by our Community Guidelines, which you can see here.

LINKING AND CONNECTING TO THE WEBSITE:

You are permitted to connect to our Website's main page, ensuring that you do so in a fair and lawful manner that does not harm our reputation or exploit it. However, you must refrain from establishing a link that implies any type of affiliation, endorsement, or approval from us without our explicit written authorization.

You are prohibited from creating a link from any website not under your ownership, displaying the our Website or any of its sections on, or making it appear on, any other site, such as framing, deep linking, or in-line linking, linking to any section of the Website besides the homepage, or engaging in any other activity related to the materials on this Website that contradicts any other clause within these Terms and Conditions.

You consent to collaborate with us in quickly ceasing any unauthorized framing or linking. We retain the right to revoke linking privileges without prior notice.

LINKS FROM OUR SITE:

In the event that the Website features connections to external websites and resources offered by third parties, these connections are solely provided for your convenience. This encompasses connections found in advertisements, such as banner advertisements and sponsored links. We lack authority over the content of these websites or resources and disclaim any responsibility for them or for any potential loss or harm resulting from your utilization of them. Should you choose to access any third-party websites linked to this Website, you do so entirely at your own risk and in accordance with these terms and conditions of use specified by those websites.

WARRANTY DISCLAIMER:

To the maximum extent permissible by law, we disclaim liability for any harm or loss resulting from a distributed denial-of-service attack, viruses, or any other technologically damaging material that could infect your computer equipment, software, data, or other proprietary materials due to your utilization of our Website, the Programs, Platform, any Products/Services or items acquired through the Website or the Programs, or your downloading of any content posted on the Website or on any linked website. It's your responsibility to have anti-virus, anti-malware, and similar programs and to keep them updated for your System's protection.

YOUR UTILIZATION OF THE WEBSITE AND THE PORTAL, PROGRAMS, SERVICES, PRODUCTS, ALONGSIDE THEIR CONTENT, AND ANY SERVICES OR ITEMS ACQUIRED THROUGH THE WEBSITE AND/OR THE PORTAL, PROGRAMS, SERVICES, AND PRODUCTS, ARE DONE AT YOUR SOLE RISK. THE WEBSITE, ITS PROGRAMS, AND ANY SERVICES OR ITEMS ACQUIRED THROUGH THE WEBSITE AND/OR THE SERVICES, PRODUCTS, AND/OR PROGRAMS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, DEVOID OF ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED. NEITHER 3P MESS LIFESTYLE NOR ANY INDIVIDUAL AFFILIATED WITH 3P MESS LIFESTYLE MAKES ANY GUARANTEE OR ASSERTION REGARDING THE COMPREHENSIVENESS, SECURITY, DEPENDABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE PROGRAMS, SERVICES, AND PRODUCTS. WITHOUT CONSTRAINING THE AFOREMENTIONED, NEITHER 3P MESS LIFESTYLE NOR ANY ASSOCIATED PARTY REPRESENTS OR WARRANTS THAT THE WEBSITE OR THE PROGRAMS, SERVICES, PRODUCTS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE PROGRAMS, PRODUCTS, OR SERVICES WILL BE PRECISE, DEPENDABLE, FREE OF ERRORS, OR UNINTERRUPTED, THAT FLAWS WILL BE RECTIFIED, THAT THE WEBSITE OR THE SERVER MAKING IT AVAILABLE ARE DEVOID OF VIRUSES OR OTHER HARMFUL ELEMENTS, OR THAT THE WEBSITE OR PROGRAMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE SATISFY YOUR REQUIREMENTS OR ANTICIPATIONS.

TO THE UTMOST EXTENT PERMITTED BY LEGAL PROVISIONS, 3P MESS LIFESTYLE HEREBY RENOUNCES ALL TYPES OF WARRANTIES AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, LEGAL, OR OTHERWISE, COMPRISING YET NOT LIMITED TO ANY ASSURANCES OF MARKETABILITY, NON-VIOLATION, AND APTNESS FOR SPECIFIC OBJECTIVES.

THE ABOVE DOES NOT ALTER ANY WARRANTIES THAT CANNOT BE OMITTED OR RESTRICTED IN ACCORDANCE WITH RELEVANT LEGAL REGULATIONS.

LIABILITY LIMITATIONS:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL 3P MESS LIFESTYLE, ITS ASSOCIATED COMPANIES, THEIR LICENSORS, SERVICE PROVIDERS, STAFF, REPRESENTATIVES, BOARD OF DIRECTORS, EXECUTIVES, OR MANAGERS BE HELD LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY SORT, PURSUANT TO ANY LEGAL CONCEPT, ARISING FROM OR CONNECTED TO YOUR UTILIZATION, OR INABILITY TO UTILIZE, THE WEBSITE, THE APPLICATIONS, ANY LINKED WEBSITES, OR ANY CONTENT ASSOCIATED WITH THE WEBSITE OR THE APPLICATIONS OR SUCH OTHER LINKED WEBSITES, INCLUDING ANY INDIRECT, DISTINCT, INCIDENTAL, CONSEQUENTIAL, OR RETALIATORY DAMAGES, INCLUDING BUT NOT LIMITED TO, BODILY HARM, SUFFERING, PSYCHOLOGICAL ANGUISH, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF ENTERPRISE OR EXPECTED ECONOMIES, LOSS OF UTILIZATION, LOSS OF REPUTATION, LOSS OF INFORMATION, AND WHETHER ARISING FROM WRONGFUL ACT (INCLUDING NEGLIGENCE), VIOLATION OF AGREEMENT, OR OTHERWISE, EVEN IF PREDICTABLE.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE JOINT RESPONSIBILITY OF 3P MESS LIFESTYLE AND ITS SUBSIDIARIES AND ASSOCIATES, ALONG WITH THEIR LICENSORS, PROVIDERS OF SERVICES/PRODUCTS, STAFF, REPRESENTATIVES, EXECUTIVES, BOARD OF DIRECTORS, AND MANAGERS, TO ANY ENTITY (REGARDLESS OF THE LEGAL CLAIM, WHETHER IN AGREEMENT, WRONGFUL ACT, OR OTHERWISE) EXCEED THE SUM YOU HAVE ACTUALLY DISPERSED TO 3P MESS LIFESTYLE FOR THE RELEVANT PROGRAM, MERCHANDISE, AND/OR ASSISTANCE FROM WHICH LIABILITY AROSE.

THE ABOVE SHALL NOT ALTER ANY RESPONSIBILITY THAT CANNOT BE ELIMINATED OR RESTRICTED UNDER THE RELEVANT LEGAL REGULATIONS.

ELECTRONIC COMMUNICATIONS:

Upon accessing our Website, registering for our Services/Products/Programs, engaging in our community discussions, sending emails to 3P MESS Lifestyle, or subscribing to any 3P MESS Lifestyle content, you are engaging in electronic communication with us and explicitly agreeing to receive electronic correspondences from our end. We shall conduct electronic communication with you either through email or by posting notifications on the Website. By utilizing the Website and/or Portal/Dashboard or the Services/Products/Programs, you acknowledge that any such contracts, notifications, disclosures, and additional communications furnished to you electronically by us meet any lawful stipulation requiring written communication.

TEXTING, MMS, SMS, PRE-RECORDED, OR AUOTDIALED CALLS:

Users are under no obligation to actively agree to receive any promotional messages or calls to utilize 3P MESS Lifestyle's services/products, platform, or make purchases. Opting to receive promotional text messages or calls is entirely at the discretion of the User and not obligatory. As a User, you'll solely receive promotional text messages or calls if you voluntarily opt-in through online forms or within applications. Irrespective of the method used to opt-in, you acknowledge that these Terms and Conditions govern your participation. Standard message and data rates may be applicable. Concerning text messages, you can respond with "STOP" to cease receiving them and "HELP" for assistance. Users who opt-in must acknowledge and consent that any alternative method of opting out, such as texting different words or verbally requesting removal from lists, is not a valid means of opting out. Users can choose to opt-out of autodialed or pre-recorded calls by contacting [email protected].

By electing to participate, you are consenting to accept autodialed or pre-recorded messages sent to the phone number linked to your participation. Although you authorize the receipt of messages dispatched via an autodialer upon subscribing to promotional messages, this statement does not insinuate or imply that all of our mobile messages are dispatched using an autodialer.

By choosing to participate, you affirm and guarantee that you are the primary user of the mobile service associated with the provided mobile number, or that you have been granted permission by the primary User to register for communications as outlined herein.

PROMOTIONAL EMAILS:

Because our many of our services/product(s) are digital, users must furnish an email address to complete a purchase or access the Website and/or the Services/Programs/Dashboard, thus enabling 3P MESS Lifestyle to correspond with you concerning order fulfillment. Opting to receive promotional emails is entirely voluntary and not obligatory. As a user, you will solely receive promotional emails if you voluntarily opt-in through online forms or within applications. Irrespective of the method used to opt-in, you acknowledge that these Terms and Conditions govern your participation. To cease receiving emails from a subscribed list, simply follow the unsubscribe link/instructions provided within the email.

Customers who have acquired or established an account with 3P MESS Lifestyle may receive electronic correspondences and/or SMS messages and/or phone calls as a component of their acquisition, which are not categorized as 'promotional' in nature; these correspondences are intended for order fulfillment purposes.

LEGAL VENUE AND GOVERNING LAW:

These Terms and Conditions and any matter or disagreement arising from or linked to accessing or utilizing the Website or 3P MESS Lifestyle’s products and/or, encompassing the Products/Services/Programs, or any other matter regarding 3P MESS Lifestyle, will be solely governed by the laws of the State of Arizona. If an arbitrator or (if applicable) a court of competent jurisdiction finds that any claim or dispute falls beyond the purview of the arbitration provision detailed in the Dispute Resolution section in these Terms and Conditions, the parties consent that such claim or dispute shall be exclusively presented and adjudicated in the state or federal courts situated in Maricopa County, Arizona. You hereby unequivocally agree to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever renounce any challenge to the exclusive jurisdiction or venue of said courts. All such claims must be pursued on an individual and non-representative and non-class, basis, and you permanently relinquish any entitlement to bring such claims on a class-wide or representative basis.

If you have in any way breached or posed a threat to breach and/or encroach upon any aspect of this Website and/or 3P MESS Lifestyle’s intellectual property, or these Terms and Conditions, we retain the right to pursue injunctive remedies in the suitable forum, whether state or federal, and you agree to exclusive jurisdiction and venue in such court.

DISPUTE RESOLUTIONS:

PLEASE READ THE CLAUSE BELOW CAREFULLY AS IT MAY SIGNIFICATNLY CHANGE YOUR LEGAL RIGHTS WHICH INCLUDES YOUR RIGHT TO HAVE CLAIMS DECIDED BY A JURY, TAKE PART IN AND/OR JOIN ANY CLASS ACTIONS, AND/OR DECIDED IN A COURT OF LAW.

If you encounter a concern or disagreement, you consent to initially reach out to us at [email protected] in an effort to resolve such issues. 3P MESS Lifestyle has established a protocol for addressing complaints promptly, equitably, and constructively to uphold the highest standard of service and integrity. No customer will face unfair repercussions or treatment from 3P MESS Lifestyle due to raising a concern with our Customer Support team. Any conflict or claim arising from the use of the Website, any Service/Product/Program, any Content, any 3P MESS Lifestyle software, Product, Service, or your association with 3P MESS Lifestyle, which remains unresolved through such discussions or negotiations within one hundred and twenty (120) days, will first try to be solved in mediation and if unsuccessful, then be resolved through binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and the award rendered may be legally enforced in any jurisdictionally competent court. We both agree that any claim we may have against each other will also be subject to this arbitration provision, except as provided in the Indemnification clause in these Terms and Conditions. The arbitration will be conducted by a single impartial arbitrator in Maricopa County, Arizona, unless both parties consent to conducting the arbitration via telephone or written submissions. The arbitrator will be chosen by mutual agreement or, if no agreement can be reached, selected in accordance with the Rules of the AAA. The arbitration will proceed in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, effective at the time the demand for arbitration is submitted. The AAA’s Rules can be accessed at www.adr.org or by calling 1-800-778-7879. The arbitrator will hold exclusive and sole authority to resolve any disputes concerning the construction, interpretation, applicability, validity, or enforceability of these Terms and Conditions, our Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions. The arbitrator will also have exclusive and sole authority to determine whether any dispute is subject to arbitration. Moreover, the arbitrator will have exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to these Terms and Conditions and whether a non-signatory to these Terms and Conditions can enforce this provision against you or 3P MESS Lifestyle. The arbitrator will apply the substantive law of the State of Arizona without considering its conflicts of laws principles. Any rendered award will include a confidential written opinion and will be final, with the possibility of appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. The arbitrator’s award may be enforced in any court of competent jurisdiction. Both parties agree disputes will be arbitrated only on an individual basis and will not be consolidated, whether on a class-wide, representative basis, or with any other arbitration(s) or proceedings involving any claims or controversies of other parties.

Non-compliance or any postponement in implementing this arbitration clause regarding any specific assertion shall not relinquish any entitlement to demand arbitration subsequently or concerning different assertions except that all User claims must be initiated within one (1) year of their occurrence (this timeframe covers the informal resolution procedures lasting one hundred and twenty (120) days as mentioned earlier), otherwise such User claims will expire and be considered waived completely. This arbitration clause outlines the conditions of our consent to conclusive and binding confidential arbitration and is controlled by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as revised. The payment of all filing, administration, and arbitrator charges shall adhere to the Rules of the American Arbitration Association. Apart from that, the parties shall individually cover their additional charges, expenses, and costs, which include, but are not confined to, those for legal representatives, specialists, records, and witnesses.

Unless forbidden by law, you consent that any potential claim must be settled via conclusive and binding arbitration. You recognize and accept that you are relinquishing your entitlement to a trial by jury, and consent to the resolution of any claims on an individual basis and solely through conclusive, confidential, and binding arbitration as outlined in this clause.

Regardless of any conflicting provision herein, concerning any claims by 3P MESS Lifestyle for (i) compensation for its Services/Products/Programs contracted to be supplied under a Purchase Agreement or (ii) violation of its intellectual property, 3P MESS Lifestyle retains the privilege to pursue such claims for compensation and/or violation in a court of law within the suitable jurisdiction stipulated by the Governing Law and Venue provision of these Terms and Conditions, rendering this Dispute Resolution clause inapplicable to 3P MESS Lifestyle's claims for compensation and/or violation.

HOLD HARMLESS AND INDEMNIFICATION:

To the maximum extent allowable by law, you hereby undertake to protect, compensate, and absolve 3P MESS Lifestyle, its directors, executives, staff, freelance workers, subcontractors, suppliers, associates, parent and/or affiliated companies, subsidiaries, and representatives ("Covered Parties") from and against any and all assertions, legal actions, losses, obligations, damages, expenditures, requests, and expenses of any nature, including, but not confined to legal advisors' fees and expenses of any legal proceedings or alternative conflict resolution, arising from, stemming from, or in any manner linked with or associated to (1) your utilization, misuse, or endeavor to utilize the Website, Services/Products/Programs, or content, or software, goods, or services linked to them, (2) data you present or dispatch via the Website or concerning the Services/Products/Programs, (3) your violation of these Terms and Conditions, or the assertions and guarantees made by you in these Terms and Conditions, or (4) your infringement of any law or third party rights.

ASSIGNMENT:

3P MESS Lifestyle retains the authority to transfer its rights under these Terms and Conditions at any moment, and without informing you beforehand. Your rights under these Terms and Conditions cannot be transferred without our explicit written approval.

3P MESS Lifestyle is absolved of responsibility for any delay, harm, or inability resulting from acts of nature or other factors beyond our reasonable control.

SEVERABILITY:

Should an arbitrator or (if applicable) a court of appropriate jurisdiction deem any clause within these Terms as invalid or unenforceable, the unaffected clauses shall remain intact and operational, maintaining their full legal standing. Any such clause may be adjusted or removed from these Terms and Conditions to the extent required to render the provision enforceable and harmonious with the rest of the Terms and Conditions.

MODIFICATIONS AND REVISIONS:

In line with the Change Notice published on the Website by 3P MESS Lifestyle, 3P MESS Lifestyle retains the authority to amend or adjust these Terms and Conditions of Use at our exclusive discretion whenever necessary. Failure to agree to such modifications will result in the termination of your use and/or access to the Website an Portal, along with any Services/Products/Programs accessible through it. Any amendment or adjustment to these Terms and Conditions of Use will take effect immediately upon 3P MESS Lifestyle's posting on its Website, as indicated by the date in the updated Terms and Conditions of Use.

TERMINATION:

Subject to 3P MESS Lifestyle's other entitlements, if you violate these Terms and Conditions, 3P MESS Lifestyle may, at its discretion, either impose penalties or terminate these Terms and Conditions, which encompasses the account linked to your Credentials and your ability to access and/or utilize the Website/portal and/or the Services/Products/Programs. Should termination occur due to this cause, you are obligated to eliminate all materials and duplicates acquired from this Website/Portal or the Services/Products/Programs and any associated derivative materials, whether generated in accordance with these Terms and Conditions or otherwise.

ENTIRE AGREEMENT:

These Terms and Conditions, together with the Privacy Policy and any additional policies or operational guidelines published by us concerning the Website, as well as the terms of any Purchase Agreement executed in association with a procured Services/Products/Program, establish the comprehensive agreement and understanding between you and 3P MESS Lifestyle. They oversee your access to and use of the Website, along with your acquisition or attempted usage of any Service/Product/Program, or commodity, and overrule any prior or contemporaneous agreements, presentations, correspondences, and suggestions, whether documented or otherwise, between the involved Parties. We hold the discretion to introduce new products, services, programs, and/or functionalities through the Website. Such introductions shall be subject to these Terms and Conditions and any other policies or operational guidelines posted by us concerning the Website. Any uncertainties in the interpretation of these Terms and Conditions will not be interpreted against 3P MESS Lifestyle.

CONTACTING 3P MESS LIFESTYLE:

We take satisfaction in providing prompt and respectful customer assistance. Users are urged to reach out to us for any questions, comments, or concerns. Assistance is accessed by phone during standard business hours, from Monday to Friday, between 8:00 am and 5:00 pm Mountain Standard Time (MST), at (623) 283-1122, or through email at [email protected].

Communications via the US Post Office or Mail may be submitted to 3P MESS Lifestyle, c/o Melvin Termain, 9393 North 90th Street, Ste 102-571, Scottsdale, AZ 85258

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