Policies and Terms
Our License Agreement
1.
Privacy
Please review our
Privacy Policy, which also governs your visit to the Website, so that you
may understand our privacy practices.
2. Purchase Related Policies
For specific policies related to orders placed through this Website (such as
order processing, shipping and handling, returns and exchanges),
click here
3. Accuracy of
Information
We attempt to be as accurate as possible when describing our products on the
Website; however, to the extent permitted by applicable law, we do not warrant
that the product descriptions, colors or other content available on the Website
is accurate, complete, reliable, current, or error-free.
4. Intellectual Property
All content available on the Website, including, but not limited to, text,
graphics, logos, button icons, images, audio clips, data compilations, and
software, and the compilation thereof (the "Content") is the property of The
Mellow Out Spa, Inc., our affiliates, our partners or our licensors, and is
protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Website (collectively,
the "Trademarks") are the registered and unregistered marks of The Mellow Out
Spa, our affiliates, our licensors or our partners, in the United States and
other countries, and are protected by United States and international trademark
laws. All other Trademarks not owned by us, our affiliates, our partners or our
licensors that appear on the Website are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license in Section 5 below, or as required
under applicable law, neither the Content, the Trademarks, nor any other portion
of the Website may be used, reproduced, duplicated, copied, sold, resold,
accessed, modified, or otherwise exploited, in full or in part, for any purpose
without our prior written consent.
5. Limited
License
We grant you a limited, revocable, and non-exclusive license to access and make
personal use of the Website. Please note that you may not frame or utilize
framing techniques to enclose the Website or any portion thereof without our
prior written consent.
The limited license set forth in this Section 5 does not include the right to: (i)
modify or download the Website or its contents (except caching or as necessary
to view content); (ii) make any use of the Website or its Content other than
personal use; (iii) create any derivative work based upon either the Website or
its Content; (iv) collect account information for the benefit of another party;
(v) use any meta tags or any other "hidden text" utilizing our name or the
Trademarks without our express written consent; or (vi) use software robots,
spiders, crawlers, or similar data gathering and extraction tools, or take any
other action that may impose an unreasonable burden or load on our
infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of the Website for personal, non-commercial use only.
A website that links to the Website (i) may link to, but not replicate, our
Content; (ii) may not imply that we are endorsing such website or its services
or products; (iii) may not misrepresent its relationship with us; (iv) may not
contain content that could be construed as distasteful, obscene, offensive or
controversial, and may contain only content appropriate for all ages; (v) may
not portray us or our products or services, in a false, misleading, derogatory,
or otherwise offensive or objectionable manner, or associate us with undesirable
products, services, or opinions; (vi) may not use any Trademark without express
written permission; (vii) may not link to any page of the Website other than the
home page. We may, in our sole discretion, request that you remove any link to
the Website, and upon receipt of such request, you shall immediately remove such
link.
Any unauthorized use by you of the Website terminates the limited license set
forth in this Section 5 without prejudice to any other remedy provided by
applicable law.
6. Your Account
If you use the 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. If you are accessing and using the Website on someone
else's behalf, you represent that you have the authority to bind that person as
a principal to all the Terms and Conditions provided herein, and you agree to
accept liability for harm caused by any wrongful use of the Website resulting
from such access or use. We reserve the right to refuse service, terminate
accounts, or remove or edit content, for any reason, in our sole discretion
without prior notice.
7. Third Party Links
We are not responsible for the content of any off-Website pages or any other
websites linked to or from the Website. Links appearing on the Website are for
convenience only and are not an endorsement by us, our affiliates or our
partners of the referenced content, product, service, or supplier. Your linking
to or from any off-Website pages or other websites is at your own risk. We are
in no way responsible for examining or evaluating, and we do not warrant the
offerings of, off-Website pages or any other websites linked to or from the
Website, nor do we assume any responsibility or liability for the actions,
content, products, or services of such pages and websites, including, without
limitation, their privacy statements and terms and conditions. You should
carefully review the terms and conditions and privacy policies of all
off-Website pages and other websites that you visit.
8. Submissions
We welcome inquiries or feedback on the products you use or might like to
purchase, however it is our policy to decline unsolicited suggestions and ideas.
Notwithstanding our policy with regard to unsolicited suggestions and ideas, any
inquiries, feedback, suggestions, ideas or other information you provide us
(collectively, "Submissions") will be treated as non-proprietary and
non-confidential. Subject to the terms of our Privacy Policy, by transmitting or
posting any Submission, you hereby grant us a nonexclusive, royalty-free,
perpetual, transferable, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, sell, assign, translate, create derivative
works from, distribute, and display any Submission in any form, media, or
technology, whether now known or hereafter developed, alone or as part of other
works. You also acknowledge that your Submission may not be returned and we may
use your Submission, and any ideas, concepts or know how contained therein, for
any purpose including, without limitation, developing, manufacturing,
distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise
control the rights to your Submission. You further represent and warrant that
such Submission does not constitute or contain software viruses, commercial
solicitation, chain letters, mass mailings, or any form of "spam." You may not
use a false e-mail address, impersonate any person or entity, or otherwise
mislead us as to the origin of any Submission. You agree to indemnify us for all
claims arising from your claims to any rights in any Submission.
9.
Representations and Warranties; Limitation of Liability
THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND
CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS
SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT
WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a)
INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE
WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS
WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES,
SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE
WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; OR (f)
EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM
AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
10. Indemnification
You agree to defend, indemnify and hold us harmless for any loss,
damages or costs, including reasonable attorneys' fees, resulting
from any third party claim, action, or demand resulting from your
use of the Website. You also agree to indemnify us for any loss,
damages, or costs, including reasonable attorneys' fees, resulting
from your use of software robots, spiders, crawlers, or similar data
gathering and extraction tools, or any other action you take that
imposes an unreasonable burden or load on our infrastructure.
11. Disputes
With respect to any dispute regarding the Website, your rights and
obligations and all actions contemplated by these Terms and
Conditions shall be governed by the laws of Texas, as if the Terms
and Conditions were a contract wholly entered into and wholly
performed within Texas. Any dispute relating in any way to your
visit to the Website shall be submitted to confidential arbitration
in
Texas, except that, to the
extent you have in any manner violated or threatened to violate our
intellectual property rights, we may seek injunctive or other
appropriate relief in Texas, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to
this Agreement, whether through class arbitration proceedings or
otherwise.
11. Disputes
With respect to any dispute regarding the Website, your
rights and obligations and all actions contemplated by these
Terms and Conditions shall be governed by the laws of Texas,
as if the Terms and Conditions were a contract wholly
entered into and wholly performed within Texas. Any dispute
relating in any way to your visit to the Website shall be
submitted to confidential arbitration in
Texas, except that,
to the extent you have in any manner violated or threatened to
violate our intellectual property rights, we may seek injunctive
or other appropriate relief in Texas, and you consent to
exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
12. General
You acknowledge and agree that these Terms and Conditions,
together with our Privacy Policy, constitute the complete and
exclusive agreement between us concerning your use of the
Website, and supersede and govern all prior proposals,
agreements, or other communications.
We reserve the right, in our sole discretion, to change these
Terms and Conditions at any time by posting the changes on the
Website. Any changes are effective immediately upon posting to
the Website. Your continued use of the Website constitutes your
agreement to all such terms and conditions. We may, with or
without prior notice, terminate any of the rights granted by
these Terms and Conditions. You shall comply immediately with
any termination or other notice, including, as applicable, by
ceasing all use of the Website.
Nothing contained in these Terms and Conditions shall be
construed as creating any agency, partnership, or other form of
joint enterprise between us. Our failure to require your
performance of any provision hereof shall not affect the full
right to require such performance at any time thereafter, nor
shall our waiver of a breach of any provision hereof be taken or
held to be a waiver of the provision itself. In the event that
any provision of these Terms and Conditions shall be
unenforceable or invalid under any applicable law or be so held
by any applicable court decision, such un enforceability or
invalidity shall not render these Terms and Conditions
unenforceable or invalid as a whole. We will amend or replace
such provision with one that is valid and enforceable and which
achieves, to the extent possible, our original objectives and
intent as reflected in the original provision.
For a return, you are responsible for the cost of returning the
merchandise.
For an exchange, you are responsible for the cost of returning
the merchandise. If you request a replacement item of equal or
lesser value, there is no charge to ship the item to you.
However, if you would like to upgrade your shipping method or
purchase additional items, you are responsible for the cost of
the additional items and shipping charges. If the exchange is of
lesser value, we will need permission to credit your credit card
for the original order and place a new order.
However, if we’ve made a mistake and sent you incorrect
merchandise, or you received damaged merchandise, please notify
us immediately. We will reimburse you for the cost of returning
the package to us, and we will not charge you for the shipping
costs of replacement merchandise.If you have any questions
regarding these Terms and Conditions, please contact us by email
customerservice@marshmallowpillow.com or write:
Longview, TX
75606
Retailers for wholesale information email or write to
the address above. Minimum purchase required.
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