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Terms of Service

Last updated: May 15, 2024

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://mommytumbler.com website (the "Service") operated by Mommy Tumbler ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

1. Acceptance of Terms

By accessing and using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy, Refund Policy, and Shipping Policy. If you do not agree with these terms, please do not use our Service.

2. Eligibility

By using the Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

3. Account Responsibilities

If you create an account on our website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

4. Product Descriptions and Pricing Accuracy Disclaimer

We endeavor to be as accurate as possible in the description of our products on the Service. However, we do not warrant that product descriptions or other content of this Service is accurate, complete, reliable, current, or error-free. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. 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.

While we try to ensure all prices are accurate, errors may occur. If we discover an error in the price of any goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as canceled.

5. Order Acceptance and Cancellation Rights

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order. 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.

6. Payment Terms

All payments are due upon completion of the order. We accept various forms of payment as indicated on our website. You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes and shipping fees.

7. Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Mommy Tumbler and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Mommy Tumbler.

8. User Conduct

You agree not to use the Service:

9. Limitation of Liability and Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Mommy Tumbler makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of the Service, its content, and any services or items obtained through the Service is at your sole risk.

In no event shall Mommy Tumbler, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

10. Indemnification

You agree to defend, indemnify and hold harmless Mommy Tumbler and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) content posted on the Service.

11. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of [Your State/Country, e.g., the State of California, United States], without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in [Your City, State/Country, e.g., Los Angeles, California] using the English language in accordance with the Arbitration Rules and Procedures of [Arbitration Body, e.g., Judicial Arbitration and Mediation Services, Inc. ("JAMS")] then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

12. Severability Clause

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

13. Contact Information

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

Email: support@mommytumbler.com

Website: https://mommytumbler.com