This website is operated by mintMONGOOSE LLC. Throughout the site, the terms “we”, “us”, “Company” and “our” refer to mintMONGOOSE LLC. mintMONGOOSE LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SUBSCRIPTION TERMS OF SALE
This section is in reference to all subscriptions available on www.mintMONGOOSE.com.
Products or Services — mintMONGOOSE LLC sells jewelry, accessories, clothing, and other miscellaneous products (the “product(s)”) to end-user customers who purchase monthly memberships or make one-time purchases to receive the products (“membership(s)”) only for their own personal, non-commercial use. You may not purchase products or memberships for further distribution or resale or for any other commercial or business purpose. The membership and all rights and privileges conferred are personal and non-transferable. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Registration — You can modify your subscription preferences and settings by creating an account on our website.
Subscribing — By subscribing you agree to pay your subscription fee for the goods that are delivered for the term you select during sign up.
Free Box (just pay $5 shipping) for 6/12-month commitment terms — Discounts on any introductory discount applied on the 6-month or 12-month subscription terms means you have a minimum of another 5 payments due on your commitment term before you can cancel.
Subscription Renewal — By signing up to any mintMONGOOSE subscription you understand and agree you will be charged at the standard rate and that any promotional codes used as a new customer at signup do not transfer or apply to your renewal fee. The Company does not accept any responsibility or offer refunds for ‘auto renewals’ proceeding if you have failed to cancel your subscription before your next renewal date. You further understand that if you originally signed up under a commitment term to be paid monthly, that any cancellation attempt would only be effective after your initial commitment term has been fulfilled, and you will still be charged monthly until that time. You understand and agree that you will be automatically billed after your current subscription of 1, 3, 6 or 12 months passes unless the subscription is 'set to cancel' before your final payment date in your initial commitment.
YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD OR COMMITMENT TERM, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD/COMMITMENT TERM.
IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO YOUR SUBSCRIPTION RENEWAL. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.
Cancellation — You may cancel your subscription by emailing us at firstname.lastname@example.org. This does not initiate any kind of refund if you fail to cancel before the renewal date.
Cancellation requests received after a renewal has taken place shall take effect the following cycle. Cancellation requests received by mintMONGOOSE may take up to five (5) days to process. mintMONGOOSE LLC requires a reasonable amount of time to process your membership cancellation request. If you cancel your membership, you will enjoy your membership benefits until the end of the then-current membership term, and your membership benefits will expire at the end of the then-current membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the membership fees paid for any unused days of the then-current membership term.
Your subscription is continuous until you cancel and, if you cancel your membership before the end of an existing subscription commitment period, you will be charged for the remainder of that subscription period.
By mintMONGOOSE stating “you may cancel at any time” directly refers to the renewal and not your commitment term.
Any discounts given on the first month of a new subscription are applied on the assumption you stay subscribed for the entire initial commitment period. If you request to cancel before the end of the initial commitment you no longer qualify for any discount on any boxes and must pay the one-month rate for any box you received a discount on.
You can only cancel after the first box if you select a month-to-month subscription. A 3-month, 6-month or 12-month subscription is different and you have agreed to stay for the entire subscription period. This policy protects the company from abuse of our discount systems given to new members who want to join a new subscription. If you agree to a 3-month, 6-month, or 12-month subscription you need to stay for the full commitment period. Normal month-to-month subscriptions can be cancelled at any point.
mintMONGOOSE discounts are one per household.
mintMONGOOSE is a subscription service, by signing up you agree it is your responsibility to cancel your own subscription by logging into your account profile. The Company does not accept responsibility to cancel your account on your behalf. It is up to the customer alone to cancel the subscription. Cancellations must be completed before the next renewal date. Your subscription will renew on the same date of the month that your first renewal takes place, which is 14 days after you initially sign up.
You must cancel your subscription 24 hours before the renewal date. IF YOU DO NOT CANCEL PRIOR TO THE RENEWAL DATE OF A CALENDAR MONTH, YOU WILL BE CHARGED FOR THAT MONTH’S SERVICE AND YOU WILL RECEIVE A SHIPMENT. All cancellation requests received after the renewal date of a calendar month will apply to the following calendar month.
Pausing and Resuming Shipping — mintMONGOOSE offers its members the ability to temporarily pause their memberships by skipping a billing/shipping cycle. When a member elects to skip a cycle the member will remain an active member, but they will not receive any mintMONGOOSE products. During that time, members will remain a member of mintMONGOOSE, continue to receive communications from mintMONGOOSE via email, but will not be charged any maintenance or membership fee. After the skip cycle, memberships will automatically resume. You may email any questions about this to email@example.com.
First Box Free (just cover $5 shipping) Limited-Time Offer — Periodically, through certain member-only channels, mintMONGOOSE will offer a first box free (just cover $5 shipping) offer. These vouchers are limited in quantity and not available at all times and may be deemed available, or not, at the discretion of mintMONGOOSE. Under this offer, your first box will be shipped within 48 hours. By utilizing this offer you are committing to our 3-month plan. Your first renewal will take place 14 days after your initial purchase and renewals will take place once per month, on the same date of your first renewal, and continue indefinitely until necessary action is taken to cancel the account. Subscription cancellations for this promotion will be effective only after the two required 2 renewals have taken place, and not prior. We apply this commitment term to be able to offer that first box to you for just $5 shipping. Without a commitment term such a steep discount would not be possible.
BILLING AND PAYMENTS
You will automatically be charged each month for your ongoing subscription. If you have committed to a subscription period lasting longer than one month (e.g., a 3-month, 6-month, or 12-month plan), you will automatically be charged on either the month, or the term (depending on what you select during the sign-up process), even if you have set your subscription or membership to cancel prior to the end of that subscription period. Further, unless you cancel your subscription or membership prior to the end of your then-current subscription period, at the end of that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time.
mintMONGOOSE LLC will automatically renew your membership on each anniversary date of the membership’s first renewal and, as authorized by you by registering for a membership on the checkout page during the sign-up process, we will charge your payment method with the applicable membership. Shipping in the USA is free on all subscription packages unless the package is returned to us due to an invalid or insufficient address provided by you in your account. If a package is returned to us due to an invalid or insufficient address provided by you a reshipping fee will be charged prior to re-shipping. Membership renewal periods are determined by you at the time of checkout. Standard membership renewal periods are month-to-month, 3 months, 6 months or 12 months; paid either monthly or at term length, depending on the option you select when purchasing the membership. mintMONGOOSE LLC will not be responsible or liable for any fees that you may incur as a result of non-sufficient funds on your payment method, that your financial institution applies as a result of the charge. In addition, mintMONGOOSE LLC will not be responsible or liable for any currency exchange fees or customs, duties or VAT taxes you may incur as a result of doing business with our United States based company. All charges are in US Dollars.
Prepaid credit / debit cards are not accepted.
For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date, or payment can’t be successfully processed for any reason, and you have an ongoing subscription, you authorize us to continue billing the credit card on file until we are notified by you or the credit card company that the account is no longer valid. We encourage you to update your payment method information or cancel your membership should you wish to discontinue your monthly purchase of products.
Your Personal Data — Your security is paramount to us. We use a reputable third party to process all payments, and you agree that we can store your information with this party. You also acknowledge that we will not be held responsible for any third-party security breaches.
Shipping — Our listed prices include shipping fees and taxes unless otherwise stated. All orders placed on our website are subject to availability. Products will be shipped according to the shipping terms listed on our website.
Loss of Goods — Please track your order online with the tracking number provided and if for any reason your shipment does not arrive, reach out to us within 14 days so we may investigate the reason behind the failed delivery. Tracking information will be sent to you each time a shipment is created for you.
Return / Refund Policy — All sales and subscriptions made on our website are considered final. If there is a problem or defect with any product delivered by mintMONGOOSE we will do our utmost to rectify the problem. A return or refund is not available in the case that any of the product is ‘not your style’ or you ‘do not like it’.
Exchange Policy — All sales and subscriptions made on our website are considered final. Exchanges are only available under one scenario: If you received an item that was not in-line with the preferences set on your account at the time of the cut-off date for that shipping period. In this case alone, mintMONGOOSE will accommodate an exchange. Products must be returned unopened, unused and intact. If the products have been opened/used we will not be able to accommodate an exchange.
Correspondence — We send e-mail correspondence and newsletters following orders and registration by members. You can opt out of these at any time. Please note that if you do unsubscribe from our emails, you may not receive tracking emails moving forward.
Pricing/Errors — Product prices and product availability are subject to change without notice. We may cancel any offer and reserve the right to correct errors, including after an order has been submitted, whether or not your credit/debit card has been charged. If your credit/debit card has already been charged and your order is cancelled, mintMONGOOSE will issue a refund to your credit/debit card account in the amount of the charge. You accept that your subscription being ‘auto-renewed’ on the date advised at sign up is not considered an error liable for refund.
Payment Methods — mintMONGOOSE LLC accepts various payment methods. You agree to pay all fees charged to your account based on mintMONGOOSE’s fees, charges, and billing terms in effect as shown on the checkout page when you first sign-up for a membership. You are also responsible for duties that may apply as a result of shipping your purchase of products or memberships based on the address that you provide as the shipping address when you register for a membership. All payments shall be made by your selected payment method in advance prior to shipping the products. If you do not pay on time or if your payment method cannot be charged for any reason, mintMONGOOSE LLC reserves the right to either suspend or terminate your account and membership and terminate these Terms of Service. All sales and payments will be in US dollars. You understand and agree that mintMONGOOSE is not responsible for currency exchange fees incurred as a result of buying our products or services from another country. mintMONGOOSE LLC and our third-party payment service provider may receive updated payment method information from your credit card or payment method issuer. The disbursement of the updated payment method information is provided to mintMONGOOSE LLC and our third-party payment service provider at the election of your credit card and payment method issuer. Neither mintMONGOOSE LLC nor our third-party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.
Order Acceptance/Confirmation — We reserve the right at any time after receipt of your order to accept or decline your order. We reserve the right to decline sales to any party.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In — The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out — If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify — If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description — Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency — Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions — For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure — The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty— The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements — You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction — You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content — You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution — In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Riverside, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which mintMONGOOSE Jewelry Subscription’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous — You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
SITE AND CONTENTS OWNERSHIP
This website is owned by mintMONGOOSE LLC. All of the content displayed on the website, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software and the selection and arrangement thereof is property of its licensors or its third-party image partners. All elements of the website, are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property.
USE OF THIS WEBSITE
All content is intended for customers of mintMONGOOSE. You may not use the website or for any purpose not related to your business with mintMONGOOS. You are prohibited from: (a) copying or re-transmitting any or all of the website or content without a written agreement from mintMONGOOSE; (b) using any data mining, robots or similar data gathering or extraction methods; (c) registering, subscribing, unsubscribing or attempting to register, subscribe or unsubscribe any party for any mintMONGOOSE product or service if you are not authorized to do so; (d) modifying any part of the website or mintMONGOOSE; (e) disabling or interfering with security-related features of the website or any system resources, services or networks connected to or accessible through the website; (f) selling, licensing or leasing any content without specific written authorization from mintMONGOOSE; and (g) using the website other than for its intended purpose. (h) Additionally, you agree not to use the website or contents in any manner that could damage the reputation of the company.
All logos, designs and trademark and any other product or service name or slogan contained in the website are trademarks of mintMONGOOSE and its suppliers or licensers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the company or the applicable trademark holder. In addition, the design of the website, including all page headers, custom graphics, button icons and scripts, may not be copied, without written permission.
Your participation, correspondence or business dealings with any third-party found on or through the website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that mintMONGOOSE shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
INTERACTIVE SERVICES OR AREAS
You agree not to upload or create or otherwise publish through this website any of the following: (a) Any data, information, text, music, sound, comment, photos, graphics, code or other material ("User Content") that is defamatory, obscene, pornographic, harmful to minors, indecent, lewd, unlawful, invasive of privacy or publicity rights or abusive; (b) Viruses, corrupted data or other harmful, disruptive or destructive files; and (c) Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations.
REGISTRATION DATA AND ACCOUNT SECURITY
By using this website or subscribing to mintMONGOOSE you agree to: (a) provide accurate information about you on the website ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to mintMONGOOSE; (c) maintain the security of your password; (d) notify us immediately of any breach of security connected with your account; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the data and any other information you provide.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Orders placed with incorrect shipping information that result in your shipment being returned to us, will require you to cover the cost of shipping to resend the shipment to you.
You agree to indemnify, defend and hold harmless mintMONGOOSE LLC, mintMONGOOSE, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to mintMONGOOSE constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
mintMONGOOSE LLC will not be liable for any damages of any kind arising from contents contained within your mintMONGOOSE delivery (including but not limited to, personal injury, pain and suffering, emotional distress, choking, medical complaints, death or injury to any animal or person). Children must be monitored at all times when using our products and should always be supervised. Our jewelry and products are not intended for those with a history or highly likelihood of choking on small objects. Our jewelry is not intended for children under the age of 7. You accept responsibility to keep the contents away from all of the above.
You, not mintMONGOOSE LLC, assume the entire cost of all necessary medical bills, or any arising legal fees or bills whatsoever due to your subscription to mintMONGOOSE.
MintMONGOOSE LLC will not be liable for any damages of any kind arising from the use of the site or content, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. We make no warranty that the site is free from infection by viruses or anything else that has contaminating or destructive properties.
Disclaimer of Warranties — We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall mintMONGOOSE LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
LIMITATION OF LIABILITY
In no event shall mintMONGOOSE, its directors, investors, employees or agents be liable for any direct, indirect or consequential damages, or any other damages of any kind, including but not limited to death, illness, medical complaints, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, our products, the services, mintMONGOOSE products or the materials contained in or accessed through this website, including without limitation any damages caused by mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to mintMONGOOSE LLC records, programs or services. You agree total cumulative liability shall not exceed the amount paid to mintMONGOOSE LLC for that calendar month in question.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
mintMONGOOSE LLC reserves the right, without notice and in its sole discretion, to terminate your account/subscription and/or to block your use of the website.
CHANGES TO SITE TERMS
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Questions about the Terms of Service should be sent to us at email@example.com.