Terms of service

Last updated: March 24, 2022

Overview
These legally-binding Terms of Service apply to your use of mosiebaby.com (the "Site") and any products you purchase directly from Mosie Inc. ("us," "we," or "Mosie Baby"), including the Mosie Kit or another product sold directly to you by Mosie Baby (collectively, "Products").

Please read these Terms of Service carefully before using the Site or purchasing Products. By visiting the Site or purchasing Products from us, you agree to be bound by these Terms of Service.

IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, DO NOT USE THE SITE OR PURCHASE PRODUCTS FROM MOSIE BABY.

These Terms of Service will also apply to any new features or tools that we add to the Site and any new Products we introduce.

Our store is hosted by Shopify Inc., and they provide us with the online e-commerce platform that allows you to use the Site and purchase Products. 

If you have questions or concerns regarding information that Mosie Baby collects about you and how we use that information, including your personally identifiable information, read ourPrivacy Policy. 

General Conditions
You are only permitted to use the Site and Products for personal, non-commercial use, and all other uses of the Site and Products are prohibited, including reselling, modifying, reproducing, or distributing the Site or Products.
You may not use the Site or Products for any unlawful purpose or in any way that infringes on our intellectual property rights or the intellectual property rights of any third-party. And you may not interfere with or circumvent the security features of the Site.

By using the Site or purchasing Products from us, you represent that you are at least the age of majority in your state or country of residence. The Site and Products are not intended for use by anyone under the age of 18.
Mosie reserves the right to refuse service, terminate access, or take any other steps to restrict your use of the Site or purchase of Products at any time for any reason. A breach or violation of any of these Terms of Service will result in an immediate termination of your ability to use the Site or purchase Products.

Accuracy and Completeness of Information
We are not responsible if information made available on the Site is not accurate, complete, or current. Information on the Site may contain errors, inaccuracies, or omissions that relate to Products. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on the Site is at your own risk. We reserve the right to modify the information on the Site at any time (including after you submit an order). Still, we have no obligation to keep this information accurate or up-to-date. It is your responsibility to monitor changes to the Site.

We reserve the right at any time to modify or discontinue the Site or Products (or any part or content thereof) without notice at any time.

We are not liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Site or Products.

Products and Orders
We reserve the right to limit sales of Products 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 Products. All descriptions of Products and their pricing are subject to change without notice at any time. We reserve the right to discontinue any Product at any time. Any offer to sell a Product is void where prohibited.

Any images of Products on the Site are for display purposes only. The actual appearance of Products may vary from pictures. We do not warrant that the quality of any Product will meet your expectations.

Certain Products may be available exclusively through the Site. Products may have limited quantities.

100% of the purchase price for Products is due at checkout. After your payment is accepted, your order will be processed and can only be canceled or changed with Mosie Baby's permission or as provided in our Refund Policy. After receiving your order, we will send you a confirmation email with your order number and other order details.

You will select and pay for shipping at checkout. Once your order is shipped, you should receive an email with shipping confirmation that will contain the tracking number for your package. You may track your parcel at the appropriate shipping website. Title and risk of loss pass to you on delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. To learn more about our shipping policies, read ourShipping Policy. 

E-Courses
When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:

You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them.

You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.

You will not engage in improper and/or unauthorized use of our Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.

You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money.

You are the only one granted a limited license to use our Program, Product, Service, and Program Materials.

You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.

You will not reprint or republish any part of our Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.

You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.

You may not engage in improper and/or unauthorized use of our Program Materials or any other information related to our Programs, Products, or Services. Unless otherwise explicitly authorized in these Terms of Use, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Program Materials or any other information accessed or purchased through our Programs, Products or Services or any other communications provided by us to you promoting or relating to the Programs, Products or Services.

You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Programs, Products or Services or Program Materials as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.

You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.

Accuracy of Billing and Account Information
We reserve the right to refuse any order for Products placed with us. We may, in our sole discretion, limit or cancel quantities of Products purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail 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. 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.

Third-Party Links and Tools
Certain links on the Site may direct you to third-party websites or tools that are not provided by Mosie Baby. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party tools or websites, or any other materials, products, or services provided by 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 the third-party's policies and practices carefully 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.

User Comments, Feedback, and Other Submissions
If you send us (with or without our request) creative ideas, testimonials, reviews, 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 any Comments in any medium. We have no obligation to: (a) maintain any Comments in confidence, (b) pay compensation for any Comments, or (c) respond to 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.

Limited Product Warranty, Disclaimer of Warranties, and Limitation of Liability
We provide no representations or warranties whatsoever regarding the sie or any products, except for those stated in the Mosie Baby Limited Product Warranty.  We disclaim, to the greatest exent possible under applicable law, all other warranties, whether express, implied, statutory, or arising by custom, trade usage, or course of dealing. 

We do not represent or warrant that your use of the Site will be uninterrupted, timely, secure, error-free, or that any products will be available for purchase when you want to buy them or the prices listed on the Site today (as we are free to change those prices at any time without notifying you).

Other exclusions and limitations are stated in the Mosie Baby Limited Product Warranty, which is incorporated into and made a part of these terms of service. Without limiting the foregoing, our liability for any damages or losses related o your use of the Site, purchase, and use of any of our Products, or anything else related to your relationship with Mosie Baby generally is subject to an absolute cap equal o the amount you paid us to purchase the relevant Products. 
Because some states or jurisdictions do not allow certain exclusions and limitations, you may have additional rights. Please consult an attorney if you believe that is the case.

Indemnity
You agree to indemnify, defend, and hold Mosie Baby, and each of its officers, employees, members, managers, service providers, agents, representatives, affiliates, and each of their successors and assigns (collectively, "related parties"), harmless from all costs, claims, judgments, and other damages of every kind (including costs and attorneys' fees), threatened or asserted by any third party arising from or related in any way whatsoever from your use of the Site or purchase or use of Products. This indemnity is intended to apply to the greatest extent possible, including if a third party alleges that Mosie Baby or its related parties were negligent and under every other theory of culpability, except if a court or arbitrator with appropriate jurisdiction makes a final ruling that Mosie Baby was grossly negligent or committed intentional misconduct. Mosie Baby may, at your expense, assume the exclusive defense and control of any matter for which you are required to provide indemnity hereunder, and you agree to cooperate with Mosie Baby's defense thereof. 

Applicable Law and Disputes
Any dispute or claim relating in any way to your use of the Site or purchase or use of Products is governed in all respects by the laws of the State of Texas without regard to its conflict of laws principles.

If you and Mosie Baby are unable to resolve a dispute that is related in any way whatsoever to the Site or our Products, you agree to participate in one day of non-binding mediation in Austin, Texas, with a sole mediator mutually selected by you and Mosie Baby.

If you and Mosie Baby are unable to resolve a dispute through non-binding mediation, the exclusive means for resolving that dispute is Open Arbitration performed by National Arbitration and Mediation (namadr.com).

You and Mosie Baby will split the cost of the mediator, arbitrator, and mediation and arbitration facilities. However, you and Mosie Baby will each be responsible for other own respective costs, including attorney's fees, preparation fees, and travel costs. Further, the prevailing party in the arbitration is entitled to reimbursement of all their reasonable attorneys' fees and other costs in respect of arbitration.

Mosie Baby may bring suit in court for injunctive relief, including for a temporary restraining order or temporary or permanent injunction (as available), without first participating in mediation and arbitration as required under these Terms of Service.

Severability
If any term in these Terms of Service is deemed to be unenforceable by a court or arbitrator with appropriate jurisdiction, that term will be replaced with a term that most closely matches the intent of the original term, and the remainder of these Terms of Service will continue in full force.

Waiver
Any failure by you or Mosie Baby to act concerning a breach by the other is not a waiver of the right to act concerning that breach later. A waiver of a breach of these Terms of Service must be in writing and will only apply to the specific waiver indicated and not any subsequent or similar breaches.

Entire Agreement
Unless you later agree to other written terms when purchasing a Product from us, these Terms of Service are the entire agreement between you and Mosie Baby concerning your use of the Site and purchase and use of Products.

Changes to these Terms of Service 
We may change these Terms of Service at any time. You can review the most current version of these Terms of Service at any time. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates on this page (https://mosie-baby.myshopify.com/pages/mosie-baby-mosie-llc-terms-of-service). It is your responsibility to check this page periodically for changes. If you use or access the Site or purchase any Products after we post changes to these Terms of Services, you will be deemed to have accepted those changes. 

Contact Information
Questions about these Terms of Service should be sent to us at mosie@mosiebaby.com.