Terms of Service

 

Welcome to ShopMildlyMama

Please read these Terms of Service ("Terms," "Terms of Service") carefully before using the https://shopmildlymama.com website and purchasing products (the "Service") operated by MildlyMama ("us," "we," or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who 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, you may not access the Service.

1. Accounts and Eligibility

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You must be at least 18 years of age, or the age of majority in your jurisdiction, to create an account and make purchases. By creating an account, you represent and warrant that you meet this eligibility requirement.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2. Product Information and Availability

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Service. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors.

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

3. Purchases and Payment

If you wish to purchase any product or service made available through the Service, you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

We use third-party payment processors to bill you through a payment account linked to your Purchase. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms. We are not responsible for errors by the payment processor.

All sales are final except as specified in our Return Policy, which is incorporated into these Terms by reference.

4. Shipping and Delivery

Shipping times and delivery dates provided are estimates only and are not guaranteed. We are not responsible for delays in delivery due to unforeseen circumstances, including but not limited to: weather events, carrier delays, customs delays, incorrect shipping addresses provided by the customer, or other circumstances beyond our reasonable control.

Title and risk of loss for all products ordered by you shall pass to you upon our delivery of the products to the carrier for shipment.

5. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of MildlyMama 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 Mildlymama.

6. User-Generated Content

Our Service may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting User Content on or through the Service, you represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

We reserve the right to terminate the account of anyone found to be infringing on a copyright.

7. Prohibited Uses

You agree not to use the Service:

For any unlawful purpose

To solicit others to perform or participate in any unlawful acts

To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances

To infringe upon or violate our intellectual property rights or the intellectual property rights of others

To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability

To submit false or misleading information

To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service

To collect or track the personal information of others

To spam, phish, pharm, pretext, spider, crawl, or scrape

For any obscene or immoral purpose

To interfere with or circumvent the security features of the Service

8. Limitation of Liability

In no event shall MildlyMama, 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.

9. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

MildlyMama, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

10. Product Safety and Use

All products sold by MildlyMama are intended for general consumer use and should be used according to the manufacturer's instructions. It is your responsibility to read and follow all warnings, instructions, and safety information provided with the products.

Products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Always consult with a healthcare professional regarding any health concerns for you or your child.

11. Indemnification

You agree to defend, indemnify, and hold harmless MildlyMama 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) User Content posted on the Service.

12. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law provisions.

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.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

15. Contact Information

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

Store Name: Mildlymama

Email: info@shopmildlymama.com
Phone: +1 (307) 357-7311
Address: 69 Omega Dr, Newark, DE 19713, USA

Thank you for choosing MildlyMama. We're honored to be part of your parenting journey.