TERMS AND CONDITIONS
Effective: September 6, 2022
Welcome to the Mother Goods website (the “Website” and collectively with our products and services, the “Services”), operated by Mother Industries LLC (“Mother,” “we”, “us”, “our”).
Your access and use of the Website is subject to the following terms and conditions (the “Terms and Conditions”) and all applicable laws. By accessing or using any part of the Website, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree with all of these Terms and Conditions, you may not use any portion of the Website.
THESE TERMS AND CONDITIONS GOVERN HOW ANY DISPUTES BETWEEN US WILL BE RESOLVED. SPECIFICALLY, THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE US TO ARBITRATE INSTEAD OF GOING TO COURT, AND REQUIRE THAT ALL CLAIMS BE BROUGHT INDIVIDUALLY, NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER. SEE SECTION 21, BELOW, FOR MORE DETAILS.
ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THE WEBSITE OR ANY ASSOCIATED WEBSITES, PLEASE CONTACT US VIA OUR CONTACT US firstname.lastname@example.org.
1. Authorized Use of Website: This Website and the Mother e-commerce store is provided for your personal and non-commercial use. Any other use of the Website requires the prior written consent of Mother.
2. Unauthorized Use of Website: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Website within another website or application. You may not resell use of, or access to, the Website to any third party without our prior written consent.
3. Beta Features: From time to time, Mother may add new features to the Website that are described as “beta” (“Beta Features”). You acknowledge that Beta Features may be untested, non-functional, and/or partly functional features of the Services. If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in these Terms and Conditions to the contrary, Mother does not make any warranties or representations with respect to such Beta Features and does not warrant that the Beta Features will be provided with due care. Do not rely on the Beta Features for any purpose whatsoever. Beta Features may harm and/or interrupt the regular running of your software and/or hardware. Beta Features will be considered part of the Website and all provisions of these Terms and Conditions relating to the Website will apply to the Beta Features.
4. Privacy and Security: Any and all information that we obtain from you, including names, addresses, telephone numbers, e-mail addresses, and any other contact information, may be collected and used by us as provided in our Privacy Notice https://www.mother-goods.com/privacy-notice/. You represent and warrant that you have read and acknowledge the terms of our Privacy Notice, the terms of which are incorporated herein.
5. Placing an Order; Billing:
a. Pricing. Our store is hosted by Shopify, Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
The prices charged by Mother will be those in effect on the date of receipt of your order. You agree to pay Mother for all charges at the prices then in effect for the products and/or services you or other persons using your account or payment method may purchase, and you authorize Mother or its designated payment processor to charge your payment provider for any such purchases. All payments are to be made in United States Dollars. Posted prices do not include sales tax, which will be charged to you when applicable. Mother reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested payment. Mother disclaims any liability for damages or losses relating to any loss of profits or loss of commission as a result of business transactions not concluded due to price increases.
b. General Ordering and Billing Conditions. You agree to accept responsibility for all purchases and other activities that occur under your name and/or account. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements, if applicable) in regard to the possession or use of any item purchased from the Website. Only major credit cards are eligible for billing and Mother reserves the right to reject debit cards, gift cards, pre-loaded cards or similar billing devices.
6. Product Descriptions and Availability: The inclusion of any products on the Website does not imply or warrant that these products will be available at any particular time or that the listed attributes are accurate or complete. Mother continually upgrades and revises its products to provide you with new products. Mother may revise, discontinue or modify products at any time without prior notice to customers, and products may become unavailable without notice. Mother shall have no liability of any kind if a product that has been ordered is unavailable. If necessary, Mother reserves the right to substitute items of equal or greater value when an item is unavailable or Mother may cancel the order.
7. Corrections: We attempt to be as accurate as possible and eliminate errors on the Website, however, we do not warrant that any product or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a product or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Website at any time without notice, revise your order accordingly if necessary (including charging the correct price) and/or cancel your order and refund any amount charged.
8. Shipping; Return Policy: All purchases are subject to Mother policies and procedures relating to shipping, delivery, returns and exchanges, as set forth in the Shipping and Return FAQs and these Terms and Conditions. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to these Terms and Conditions. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
You may request a refund or exchange for any purchased product within 30 days of the date of such purchase if the product does not meet your reasonable expectations. If your product was damaged in transit, you must notify us within 30 days of the date of purchase, so that the damaged product may be repaired or replaced based on your unique situation.
To make any of the above requests, please send an email to email@example.com detailing the order number and the product for which you would like a refund or exchange, along with a description of your concern or complaint. If your product was damaged in transit, please attach pictures for our review.
Upon receipt of your request, Mother will make a determination, in its reasonable discretion, whether a product claimed to be damaged or defective was actually damaged or defective when originally delivered to you and used as intended. Requests for refunds and exchanges will be reviewed and determined on a case by case basis. Mother reserves the right, in its reasonable discretion, to refuse to refund or exchange any product.
9. Proprietary Rights: Mother is the owner of or otherwise licensed to use all parts of the Services, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Services belong to third parties who have authorized Mother to display the materials, such as portfolio works, client logos, likeness, and trademarks and other proprietary materials. By using the Services, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website or using the Services or possession of the products. All rights not granted under these Terms and Conditions are reserved by Mother.
10. Activities Prohibited by Website: Mother expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Website or while using the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to the Website or to other users anything that contains Content that:
is defamatory, abusive, obscene, profane or offensive;
infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website);
violates any party’s right of publicity or right of privacy;
is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
promotes or encourages violence;
is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
is illegal or promotes any illegal activities;
promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures;
contains “masked” profanity (i.e., F*@&#);
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Mother is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Mother will make all determinations as to what Content is appropriate in its sole discretion. Mother may edit or remove any Content at any time without notice.
11. No Ideas Accepted: Mother does not accept any unsolicited ideas from outside the Mother including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and Mother assumes no obligation, expressed or implied, by considering it. You further understand that Mother shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Mother. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Mother an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
12. Links; Third Party Transactions: This Website may contain links to other websites or applications not maintained by Mother. Other websites or apps may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website or app that you visit. We are not responsible for the practices or the content of such other websites or apps. Through your use of the Website, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you, and that you will look solely to such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party but all limitations of liability and other rights of Mother shall apply nonetheless. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our Website. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.
13. Other Sources of Terms and Conditions; Promotions and Coupons: Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Website, including on any checkout page. In order to participate in or use certain services, promotions, discounts or coupons that may be run from time to time with respect to the Website ("Offer(s)"), you may be required to agree to additional or different terms and conditions ("Additional Terms"). Certain merchandise, costs or membership programs, and/or other benefits may be modified or not available in connection with an Offer. Your acceptance or redemption of any Offer constitutes your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms and Conditions and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms and Conditions will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms and Conditions or any Additional Terms does not constitute a conflict.
14. No Warranties: WHILE MOTHER USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. MOTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND MOTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MOTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MOTHER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOTHER SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL MOTHER BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE WEBSITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing this Website.
15. Waiver By California Residents: IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
16. Changes: All information posted on the Website is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Website. You should check the Website for such changes frequently. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.
17. Indemnification: You agree to indemnify, defend and hold harmless Mother, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) your use of any products or services purchased through the Website, and (ii) any breach by you of any of these Terms and Conditions, our Privacy Notice https://www.mother-goods.com/privacy-notice/, or applicable law. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.
18. Severability: If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
19. Waiver; Remedies: The failure of Mother to partially or fully exercise any rights or the waiver of Mother of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Mother or be deemed a waiver by Mother of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Mother under these Terms and Conditions and any other applicable agreement between you and Mother shall be cumulative, and the exercise of any such right or remedy shall not limit Mother’s right to exercise any other right or remedy.
20. International Access: Our Website is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Website. We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
21. Governing Law; Dispute Resolution; Class Action Waiver:
If you are not a resident of the United States, any dispute or claim arising out of or in connection with our Website and/or these Terms (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales and will be subject to the exclusive jurisdiction of the English courts. This does not affect your statutory rights in your home jurisdiction.
If you are a resident of the United States, the laws of the State of New York shall govern these Terms and Conditions. While we will make reasonable efforts to resolve any disagreements you may have with Mother, if these efforts fail you agree that all claims, disputes or controversies between you and the Mother arising out of these Terms and Conditions, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. In arbitration, as with a court, the arbitrator must honor the terms of these official rules and can award the prevailing party damages and other relief, and the parties have the right to be represented by counsel of their choice. In arbitration, however, (i) there is no judge or jury (ii) the proceedings and outcome are generally subject to certain confidentiality rules, (iii) the discovery process is limited, and (iv) a court’s review of the arbitrator’s ruling is extremely limited.
The party filing arbitration must submit Claims to the American Arbitration Association (“AAA”) and follow its rules and procedures for initiating and pursuing arbitration. Any in-person hearing in the arbitration will be held in the same city as the U.S. District Court closest to your then-current residential address, or at some other place to which you and Mother agree in writing. The arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current AAA Rules, and forms and instructions for initiating arbitration, by contacting the AAA at 800-778-7879, or by visiting the AAA’s website at www.adr.org.
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the AAA rules. The arbitration will follow the AAA’s then-current Consumer Arbitration Rules (the “AAA Rules”), unless those AAA Rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions govern. The payment of all AAA and arbitrator fees and costs will be in accordance with the AAA Rules. Subject to those AAA Rules, each party to the arbitration will bear the expense of its own attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but the prevailing party in the arbitration may recover any or all costs or expenses from the other party if the arbitrator, applying applicable law and the AAA Rules, so determines. The arbitrator’s award is final and binding on the parties.
The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim falling within the scope of such court’s jurisdiction.
Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MOTHER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, “PRIVATE ATTORNEY GENERAL” ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
If, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to these Terms and Conditions holds that this class action waiver provision is unenforceable as to any Claim you have brought, then our agreement to arbitrate will not apply, and your Claim must be brought exclusively in court in New York.
Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.
22. Miscellaneous: These Terms and Conditions do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms and Conditions without restriction. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms and Conditions shall be construed as if followed by the phrase “without limitation.” These Terms and Conditions, including any terms incorporated herein, consist of the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to these Terms and Conditions) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.
23 . Questions: Should you have any questions regarding these Terms and Conditions you may contact us at firstname.lastname@example.org.