Mood Indigo Living, LLC
Terms and Conditions
Effective July 1, 2019
Agreement to Terms
By visiting our Website, you consent to and agree to be bound by these Terms and Conditions. If you do not agree with the Terms and Conditions, please do not use this Website. These Terms and Conditions apply to all users of the Website, including any user who contributes content, information, or other materials to the Website.
By accessing or using this Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. You acknowledge that this agreement is supported by reasonable and valuable consideration, including but not limited to, your use of the Website and receipt of data, materials, and information available through the Website. You may only use the services available on this Website if you are capable of forming a binding contract with Mood Indigo Living, LLC and are not barred from using the Website under applicable law. By using the Website, you agree to these Terms and Conditions. If you do not agree, do not use the Website.
Feedback and Suggestions
We always accept comments and suggestions to improve our Website and products. However, we do not accept unsolicited ideas as to new product offerings, potential advertising or marketing campaigns, or other related suggestions. When submitting comments, suggestions, or unsolicited ideas, be aware that you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the comments, suggestions, or unsolicited ideas for any purpose. You will receive no compensation. If you submit comments, suggestions, or unsolicited ideas, and see us use it in any way, you will have expressly waived a claim of infringement or any other claim against us for its use through this section. Any comments, suggestions, or unsolicited ideas shall be deemed non-confidential.
Your Obligations and Responsibilities
You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from this Website, (c) do not have more than one (1) account at any given time for this Website; (d) you will only provide us with true, accurate, current and complete information if you register for an account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Website or the services (or any portion thereof).
You may not use any robot, spider, other automatic device or manual process to monitor or copy the Website or any content or information contained therein. You may not interfere or attempt to interfere in any manner with the proper functioning of the Website. By accessing or participating in the Website, you agree that you will not provide to Mood Indigo Living, LLC or the Website any viruses, worms, time bombs and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information and you will not submit any content that may create liability for Mood Indigo Living, LLC.
Purchase-Related Policies and Procedures
The products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. We also reserve the right to cancel or modify orders that would cause violations of local laws and regulations if purchased or processed in, or shipped to, a particular location.
Additional policies and procedures apply to you regarding orders placed through this Website (such as order processing, shipping and handling, returns and exchanges). Our liability to fulfill the order ends upon delivering the good to the carrier. Risk or loss and title for items purchased by you pass to you upon our delivery of the items to the carrier. It is your responsibility to read and understand any additional purchasing policies, as they apply to you the same as these Terms and Conditions. Review our Shipping Policy here: https://www.moodindigoliving.com/pages/faqs.
Mood Indigo Living, LLC products are not for resale unless you are an authorized wholesale account. Any unauthorized resale of Mood Indigo products will result in action to terminate access to the site.
We reserve the right to refuse to process any order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Accuracy of Information
We attempt to be as accurate as possible when describing our products; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free. From time to time there may be information on the Website that is in error, including with respect to descriptions, pricing and availability. Mood Indigo Living, LLC reserves the right to correct those errors and to change or update information at any time without prior notice (including after you have submitted your order).
Due to the nature of our handmade products, variations in size, color, scent, and/or form are expected and are not considered product flaws. Our products are formulated with a wide variety of natural ingredients known for their reputed benefits. However, our products are not intended to diagnose, treat, cure, or prevent any medical condition. All of our products are clearly labeled and may contain ingredients that cause skin sensitivity or allergic reactions in some individuals. Do not use if you are sensitive or allergic to any of these ingredients. If you are pregnant or suffer from a medical condition, please consult your physician before using any product containing essential oils. Our product descriptions and content are for educational and informational purposes only. We manufacture and sell cosmetics, so none of the statements on the Website have been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals.
Please test all products before use.
All content available on this Website and its look and feel, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, data compilations and software, and the compilation thereof (collectively, the “Content”) are the property of Mood Indigo Living, LLC, our affiliates, partners or licensors, and is protected by United States, international, and state laws, including laws governing copyrights and trademarks and unfair competition.
The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of Mood Indigo LLC, in the United States and other countries, and are protected by United States and international trademark laws.
Except as set forth in the limited licenses in Section below, or as required under applicable law, neither the Content, Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
This Website offers the ability to post reviews and generate user created content, either with your account or linked social media profile. If you choose to use this feature, you grant Mood Indigo Living, LLC a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify (for formatting purposes), publicly display and reproduce, and distribute copies of any and all portion of your content in connection with our products and services, on this Website or another. Further, it is your responsibility when generating user content to ensure that you have all rights necessary to grant us the license rights in your user content. You represent and warrant that no part of your user generated content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You may not post, publish, submit or transmit any content that violates or encourages any conduct that would violate any applicable law or regulation or would give right to civil liability. You may not post any fraudulent, false, misleading, or deceptive content. You may not solicit other products or services on our Website. You may not post anything that is defamatory, obscene, pornographic, vulgar or offensive, nor may you post anything that promotes discrimination, racism, harassment, or harm of any kind, whether physical or emotional, against any individual or group. You may not post anything that promotes any illegal or illicit behavior.
You may not use any content of this Website, in whole or in part, in an unlawful manner. You shall not solicit the performance of any illegal activity or other activity which infringes the rights of Mood Indigo Living, LLC or others.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Website or any portion thereof; (ii) modify or download the Website or Content (except caching or as necessary to view the Website); (iii) make any use of the Website or Content other than personal use; (iv) create any derivative work based upon either the Website or Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other “hidden text” utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to the Website (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such Web site or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Website terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Advertisements, Sponsorships, Co-Promotions And Other Partnerships
We may display advertisements for the goods and services of a third party on the Website, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services. The views presented are the views of the third party, alone, and do not reflect the views of Mood Indigo Living, LLC.
Intellectual Property Complaints
We respect the intellectual property of others. If you believe that a work has been copied or used on this Website in a way that constitutes trademark, right of publicity, copyright infringement, or violation of the Digital Millennium Copyright Act (“DMCA”), please use the information below to contact us. Please provide all relevant information to support your copyright complaint so that we can quickly and effectively take action as required.
Representations and Warranties; Limitation of Liability
THE WEBSITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (C) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEB SITE LINKS ON THE WEBSITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEB SITES; (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of this Website or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding this Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the North Carolina, USA, without regard to principles of conflicts of law and as if the Terms and Conditions were a contract wholly entered into and wholly performed within North Carolina. You consent to enter into binding arbitration as the sole remedy to any dispute. Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in Mecklenburg County, North Carolina, and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the rules of the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed. The arbitrator’s written award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Each party is responsible for its own fees of representation and defense, and will split (50-50) the cost for any filing, administrative and arbitrator fees as required. However, you will be responsible for all costs of filing and administrative and arbitrator fees if the arbitrator determines your complaint or relief sought is frivolous.
We may, at our discretion, terminate services at any time and without any notice to you. Upon termination or cancellation of service, all provisions of this agreement will remain in effect.
Consent to Receive Notices Electronically by Posting on the Website and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on this Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by using the contact information provided below and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate. We cannot provide the benefits of this Website to any user that cannot consent to receipt of Notices electronically. We will rely on the email provided by you when sending out these notices. It is your responsibility to maintain a current email address. Your failure to maintain an active email and keep it current with our Website will not constitute a lack of notice.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. It is your responsibility to check these Terms and Conditions for changes prior to each use of the Website. Your continued use of the Website following an update to the Terms and Conditions constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
These Terms and Conditions should be interpreted broadly and under the laws of the State of North Carolina.
If any provision is void or otherwise unenforceable, that provision shall be stricken and the rest of the contract will remain in full effect.
You may not assign or transfer any rights under these Terms and Conditions, without the consent of Mood Indigo Living, LLC. Assignment or transfer of any and all rights without the consent of Mood Indigo Living, LLC will be null.
If you have any questions regarding these Terms and Conditions, please contact us by email at email@example.com or by mail at: PO Box 1584, Davidson, NC 28036. For any intellectual property complaints, intellectual property licensing requests or demand for arbitration, contact us by email at firstname.lastname@example.org.
Copyright © 2019 Mood Indigo Living, LLC. All Rights Reserved.