Terms and Conditions
Effective Date: February 19, 20191. YOUR ACCEPTANCE
2. VENUE DISCLAIMER
We are not responsible for any use or misuse of the products purchased. NOTHING ON THIS SITE CONSTITUTES MEDICAL ADVICE. ALL INFORMATION, INCLUDING ANY PRODUCT DESCRIPTIONS AND RECOMMENDATIONS, ON THE SITE IS PROVIDED “AS IS,” WITHOUT ANY WARRANTIES FROM US.
3. INTELLECTUAL PROPERTY
- All Site contents, Mamapod trademark, unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected internationally under trademark, copyright and other intellectual property laws.You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal, non-commercial use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property.
- You retain all rights to the content you submit (e.g. reviews, comments& suggestions), provided, however, that, by submitting content to us, you grant us license to publicly display, edit, remove distribute, translate and otherwise use your content in any medium without compensation to you.
- We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com.
4. YOUR OBLIGATIONS
By using this Site, you represent, warrant and agree that:
- You are at least 18 years of age.
- If you place an order, you have a full capacity to form a legally binding contract.
- You will provide a valid payment method information when necessary and pay all sums due when due.
- The title to the items purchased does not transfer to you until we have received payment in full.
- Our Site may contain typographical errors or other inaccuracies.In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
- All content you submit to or Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions. You will only submit true, complete and not misleading information to the Site. Submission of untruthful product reviews, comments or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion.
- Our maximum liability with respect to any item sold will be limited to replacing that item or refunding payment made. In no event will we be liable for indirect, incidental or consequential damages.
- Our Site content may not be copied for republication, either online or on paper, without the prior express written permission from us.
- You will not submit unsolicited bulk or commercial messages ("spam") to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
- You will only use the Site for legal purposes and you will remain responsible for complying with all laws applicable to your use of the Site.
- All persons who access the Site through your Internet connection (i) will have a legal right to do so, and (ii) will read and comply with these Terms and Conditions.
- We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
- You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party's intellectual property rights and rights of privacy and publicity.
5. REMEDIES FOR BREACH OF THESE TERMS
- We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms and Conditions, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, suspend or terminate any account on our Site, (iii) moderate any content submitted to us, (iv) take any other action provided for in these Terms and Conditions or available under equity or law.
- Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
Shipping options are:
- Free shipping on purchase: UPS ground (7-10days) to all fifty US states
- Expedited shipping on purchase: UPS 2 day (takes 3 business days to reach you, if ordered before 9AM PST)
- Ship to PO box address or international address of forwarder: Not supported
Limited Warranty. Mamapod products are under 12 months limited warranty from the date of purchase, applies to the original purchaser bought directly from Mamapod or from authorized retailer. Warranty covers product free of manufacturing defect in this original factory configuration, not altered or modified, in material or workmanship not caused by misuse of the product that does not comply with the user instruction stated in the user manual. The limited warranty period also applies to any implied warranties that may exist under applicable law.
Product Return. Please contact us for support prior to returning any product. We are here to help. We only process returns for products purchased directly from Mamapod store. If you purchased our product from an authorized retailer, please contact the retailer for their return policy.Items directly purchased from Mamapod are eligible for return within 30 days from the date of purchase, in the original purchased condition and packaging, with original purchasing receipt, all the labels, registration card, user manual and quick guide. Please contact firstname.lastname@example.org to obtain an authorized Return Material Authorization (RMA) code prior to sending the return. Only package with a valid RMA code cleared marked on the outside of the package is accepted. All returns must be prepaid. You are responsible for the shipping cost on the returns. Packages with C.O.D deliveries are not accepted. For your protection, we recommend to ship via traceable carrier such as UPS, FedEx or USPS. Mamapod is not responsible for lost packages without a traceable tracking number.
Return Address: Mamapod, PO Box 5614, Santa Clara, CA 95056
Once your return is received, a credit of your purchase excluding the shipping cost will be issued to you. Please allow up to two weeks for credit amount to show up in your credit account.
- Order Cancellation. Order can be cancelled before it reaches our warehouse processing. All orders already in warehouse processing cannot be cancelled.
8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE,YOUR USE OF THE SITE, ITS CONTENT AND ANY PRODUCTS OBTAINED THROUGH IT IS AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT ANY INFORMATION PROVIDED ON THE SITE IS COMPLETE, ACCURATE OR UP-TO-DATE. WE DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. FROM TIME TO TIME WE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
- IN NO EVENT WILL WE, OUR EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, OR ANY ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
- UNDER NO CIRCUMSTANCES WILL THE SITE BE LIABLE FOR ANY AMOUNTS EXCEEDING THE AMOUNTS ACTUALLY PAID FOR AN ALLEGEDLY UNSATISFACTORY ITEM.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree, on behalf of yourself and your contractors, licensors, service providers, suppliers, parent company and subsidiaries, to defend, indemnify, and hold harmless the Site, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in connection with (i) any content you submit to us, including without limitation, product reviews, posts, articles,and images (ii) your breach of these Terms, any law or regulation, and (iii) your infringement of any intellectual property or privacy right of any person or entity. This indemnification provision shall apply to third-party claims as well as claims between you and us.10. PRODUCTS AND SERVICES
- We reserve the right, but are not obligated, to limit the sales of our products or services to any person, territory or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All product manuals, instructions, descriptions and pricing are subject to change at any time without notice. We may discontinue any product at any time.We shall not be liable to you or anybody else for any price changes, suspension or discontinuation of the service or products.
- You agree to provide current, complete and accurate purchase information for all purchases made on our Site. 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.
- The risk of loss and title for items purchased passes to you upon our delivery to the
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Santa Clara County, California. The arbitration shall be governed by the laws of the State of California. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. YOU UNDERSTAND THAT THIS SECTION MEANS THAT, BY ACCESSING OUR SITE, YOU GIVE UP YOUR RIGHT TO SUE IN COURT AND TO HAVE A JURY HEAR YOUR CASE.12. GENERAL
Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
Hyperlinks. You may link to our Site, as long as this is done in a fair way that is not detrimental to our reputation or business interests and does not suggest any form of association where there is none. You cannot frame our Site on any other site. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may transfer, assign or subcontract the rights, interests or obligations under the Terms and Conditions, at our sole discretion, without obtaining your consent.
Assignment. We may transfer, assign or subcontract the rights, interests or obligations under the Terms, at our sole discretion, without obtaining your consent.
Severability. Should any part of these Terms and Conditions be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
- No Waiver. Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.
Please direct your questions, comments or concerns to email@example.com, or
PO Box 5614
Santa Clara, CA 95056