Terms of service
OVERVIEW
Welcome to Mellow Monsters. The terms “we,” “us,” and “our” refer to Mellow Monsters. Mellow Monsters operates this store and website, including all related information, content, features, tools, products, subscriptions, and services, in order to provide you, the customer, with a curated shopping experience collectively referred to as the “Services.”
Mellow Monsters is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you visit, use, interact with, or purchase from our website.
Please read these Terms carefully. They include important information about your legal rights, including warranty disclaimers, limitations of liability, subscriptions, billing, and dispute-related terms.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or place of residence. If you allow a minor dependent to use the Services on a device you own, purchase through the Services, or consume any products purchased through the Services, you are solely responsible for supervising such use and determining whether the product is appropriate.
To use the Services, including browsing our online store or purchasing our products, you may be asked to provide certain information, including your name, email address, billing information, payment information, shipping address, and other order-related details.
You represent and warrant that all information you provide is accurate, current, complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 — OUR PRODUCTS
Mellow Monsters sells dietary supplement products. Our products are not intended to diagnose, treat, cure, or prevent any disease.
Any statements made on our website, product pages, advertisements, emails, packaging, or other materials have not been evaluated by the Food and Drug Administration unless expressly stated otherwise.
You should consult with a qualified healthcare professional before using any dietary supplement, especially if the product is intended for a child, if you are pregnant or nursing, if you have a medical condition, if you are taking medication, or if you have questions about whether a product is appropriate for you or your family.
We make every effort to accurately display and describe our products. However, product packaging, colors, appearance, ingredient sourcing, and other product details may vary from how they appear on your screen due to device settings, lighting, manufacturing updates, or other factors.
We do not warrant that the appearance, taste, texture, color, effects, or quality of any product purchased will meet your expectations or be exactly as depicted in our online store.
All product descriptions, pricing, ingredients, packaging, availability, and promotions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, household, geographic region, or jurisdiction.
SECTION 3 — ORDERS
When you place an order through our website, you are making an offer to purchase the selected product or subscription.
Mellow Monsters reserves the right to accept, decline, cancel, or limit your order for any reason, including suspected fraud, unauthorized resale, incorrect pricing, payment issues, shipping restrictions, product availability, or violation of these Terms.
Your order is not accepted until we confirm acceptance and process your payment. Please review your order carefully before submitting it. Once an order is accepted, we may be unable to accommodate cancellation requests.
If we make a change to, cancel, or decline an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at checkout.
Your purchases are subject to our Refund Policy and Return Policy, which are incorporated into these Terms by reference.
You represent and warrant that your purchases are for personal or household use only and not for commercial resale, unauthorized distribution, or export.
SECTION 4 — PRICES AND BILLING
Prices, discounts, promotions, and product availability are subject to change without notice.
The price charged for a product or subscription will be the price in effect at the time your order is placed, as shown in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs duties, import fees, or other government charges.
We may offer promotions, discounts, bundles, subscription pricing, or limited-time offers. These promotions may be governed by separate terms. If promotional terms conflict with these Terms, the promotional terms will apply only to that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and payment information, including your email address, credit card number, billing address, and expiration date, so we can complete transactions and contact you as needed.
You represent and warrant that:
- The payment information you provide is true, correct, and complete;
- You are authorized to use the payment method provided;
- Charges incurred by you will be honored by your payment provider; and
- You will pay all charges incurred at the posted prices, including shipping, handling, taxes, and any applicable fees.
SECTION 5 — SUBSCRIPTIONS
Mellow Monsters may offer subscription purchase options that allow customers to receive products on a recurring basis at a discounted subscription price compared to a one-time purchase.
By purchasing a subscription, you authorize us and our payment processor to automatically charge your selected payment method on a recurring basis according to the subscription frequency selected at checkout, unless and until your subscription is canceled in accordance with these Terms.
Because subscriptions are offered at a discounted rate compared to one-time purchases, all subscriptions require a minimum of two payments before they are eligible for cancellation. Cancellations may only be requested after the second month of the subscription has been completed. This policy helps ensure that the subscription discount is used as intended.
You are responsible for managing your subscription, including updating payment information, shipping information, and cancellation requests before the next billing date.
Subscription cancellation requests must be submitted before the next order is processed. Once a subscription order has been processed, we may be unable to cancel, refund, or modify that order.
We reserve the right to modify, pause, cancel, or terminate subscription plans at any time, including due to product availability, pricing changes, payment failure, suspected abuse, or violation of these Terms.
SECTION 6 — SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, weather, customs processing, incorrect addresses, failed delivery attempts, supply chain issues, or events outside our control.
You are responsible for providing a complete and accurate shipping address. If an order is returned, delayed, lost, or misdelivered due to incorrect or incomplete shipping information provided by you, we are not responsible for replacing or refunding the order.
Once we transfer products to the shipping carrier, title and risk of loss pass to you to the fullest extent permitted by law.
SECTION 7 — INTELLECTUAL PROPERTY
The Services, including but not limited to our trademarks, brand names, logos, product names, text, website copy, images, graphics, videos, audio, product reviews, product packaging, layout, design, and arrangement thereof, are owned by Mellow Monsters, its affiliates, or licensors and are protected by U.S. and international intellectual property laws.
These Terms allow you to use the Services for personal, non-commercial purposes only.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, scrape, copy, or transmit any material from the Services without our prior written consent.
Nothing in these Terms grants you any right, title, license, or interest in any intellectual property owned by Mellow Monsters, Shopify, or any third party.
Mellow Monsters names, logos, product names, designs, slogans, and related branding are trademarks or trade dress of Mellow Monsters or its affiliates or licensors. You may not use such trademarks without our prior written permission.
Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans appearing on the Services are trademarks of their respective owners.
SECTION 8 — OPTIONAL TOOLS
We may provide you with access to tools, features, apps, quizzes, product recommendation tools, subscription portals, customer account tools, or other third-party services that we do not monitor, control, or manage.
You acknowledge and agree that such tools are provided “as is” and “as available” without warranties, representations, or conditions of any kind.
Any use of optional third-party tools is entirely at your own risk and discretion. You should review and approve the terms and policies of any relevant third-party provider before using such tools.
We may introduce new features, tools, or resources through the Services in the future. Such features will also be subject to these Terms.
SECTION 9 — THIRD-PARTY LINKS
The Services may contain links, embedded features, or materials provided by third parties.
We are not responsible for examining or evaluating the content, accuracy, policies, products, or services of third-party websites or materials. If you choose to access third-party links or websites, you do so at your own risk.
We are not liable for any harm, damages, losses, or issues related to your access to third-party websites or your purchase or use of third-party products, services, resources, or content.
Questions, complaints, claims, or concerns regarding third-party products or services should be directed to the applicable third party.
SECTION 10 — RELATIONSHIP WITH SHOPIFY
Mellow Monsters is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases made through our store are made directly with Mellow Monsters. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Mellow Monsters, including any injury, damage, claim, or loss resulting from products or services purchased from us.
You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases, subscriptions, and transactions with Mellow Monsters.
SECTION 11 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: [INSERT PRIVACY POLICY LINK].
Certain personal information may also be subject to Shopify’s Privacy Policy. Because our Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services.
Information you submit through the Services may be transmitted to and shared with Shopify, payment processors, shipping carriers, analytics providers, marketing platforms, subscription providers, and other service providers that help us operate our business.
By using the Services, you acknowledge that you have read and understood our Privacy Policy.
SECTION 12 — FEEDBACK, REVIEWS, AND USER CONTENT
If you submit, upload, post, email, message, or otherwise transmit any ideas, suggestions, reviews, testimonials, photos, videos, feedback, proposals, plans, or other content, collectively “Feedback,” you grant Mellow Monsters a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and create derivative works from such Feedback in any medium for any purpose, including advertising, marketing, product development, and commercial use.
You represent and warrant that:
- You own or have all necessary rights to submit the Feedback;
- Your Feedback is truthful and accurate to the best of your knowledge;
- You have disclosed any compensation, discount, free product, or incentive received in connection with your Feedback; and
- Your Feedback does not violate these Terms or the rights of any third party.
We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.
We may monitor, edit, reject, or remove Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, obscene, misleading, false, abusive, infringing, or otherwise objectionable.
You agree that your Feedback will not contain viruses, malware, false information, misleading claims, unlawful content, or content that violates the rights of any third party.
You are solely responsible for any Feedback you submit. We assume no liability for Feedback posted by you or any third party.
SECTION 13 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, ingredients, pricing, promotions, offers, shipping charges, transit times, availability, or other details.
We reserve the right to correct any errors, inaccuracies, or omissions and to change, update, or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
We are not obligated to update, amend, or clarify information on the Services except as required by law.
SECTION 14 — PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not access or use the Services, directly or indirectly:
- For any unlawful, fraudulent, abusive, or malicious purpose;
- To violate any federal, state, provincial, local, or international law or regulation;
- To infringe upon or violate our intellectual property rights or the rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any person;
- To submit false, misleading, or deceptive information;
- To upload or transmit viruses, malware, or harmful code;
- To spam, phish, pharm, pretext, crawl, scrape, or engage in similar harmful activity;
- To interfere with or circumvent the security features of the Services;
- To impersonate another person or entity;
- To resell, redistribute, or commercially exploit products purchased through the Services without authorization;
- To abuse discounts, promotions, subscriptions, refunds, chargebacks, or customer policies; or
- To engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services.
We reserve the right to suspend, disable, block, cancel, or terminate your access to the Services at any time, without notice, if we determine that you have violated these Terms.
SECTION 15 — AGENTS, BOTS, AND AUTOMATED ACCESS
This section applies if you use, allow, enable, or deploy any automated system, software, bot, crawler, scraper, artificial intelligence tool, agent, or similar technology to access, use, or interact with the Services.
No automated system may access, use, or interact with the Services without our prior written permission.
Automated systems must not:
- Misrepresent their identity;
- Mimic human behavior to bypass security systems;
- Circumvent CAPTCHAs, bot detection, rate limits, or access controls;
- Scrape, extract, copy, or harvest content, data, pricing, reviews, customer information, or product information;
- Interfere with the operation, security, or performance of the Services; or
- Access the Services after we have requested that the automated system stop.
We reserve the right to block, restrict, or limit automated access to the Services at any time.
SECTION 16 — HEALTH AND SUPPLEMENT DISCLAIMER
Mellow Monsters products are dietary supplements and are not intended to diagnose, treat, cure, or prevent any disease.
Information provided through the Services is for general informational and educational purposes only and should not be considered medical advice, professional healthcare advice, diagnosis, or treatment.
You should not rely on information from the Services as a substitute for advice from a qualified healthcare professional.
Always consult with a physician, pediatrician, pharmacist, or other qualified healthcare provider before giving any supplement to a child, combining supplements with medication, or using supplements if you or your child has a medical condition.
Individual results may vary. We do not guarantee any specific result or outcome from using our products.
If you or your child experiences any adverse reaction, stop using the product and consult a healthcare professional.
SECTION 17 — TERMINATION
We may terminate this agreement or your access to the Services, in whole or in part, at any time and without notice, in our sole discretion.
You will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 18 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness, reliability, usefulness, or availability of this information.
Any reliance you place on such information is strictly at your own risk.
Except as expressly stated by Mellow Monsters, the Services and all products offered through the Services are provided “as is” and “as available” without any warranties, representations, or conditions of any kind, either express or implied.
To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee that your use of the Services will be uninterrupted, timely, secure, error-free, or that any product will produce a particular health, wellness, behavioral, emotional, focus-related, or other result.
Some jurisdictions do not allow limitations on implied warranties, so some of the above disclaimers may not apply to you.
SECTION 19 — LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no case shall Mellow Monsters, our partners, directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, licensors, Shopify, or Shopify’s affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, health-related claims, product misuse, allergic reactions, shipping delays, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise.
This limitation applies to claims arising from your use of the Services, your purchase or use of any product, your reliance on any information provided through the Services, or any other claim related in any way to your use of the Services or products purchased through the Services.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some limitations may not apply to you.
SECTION 20 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Mellow Monsters, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, suppliers, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, arising out of or related to:
- Your breach of these Terms;
- Your violation of any law or regulation;
- Your violation of the rights of a third party;
- Your misuse of the Services or products;
- Your submission of Feedback or user content; or
- Your unauthorized resale, redistribution, or commercial use of our products.
We will attempt to notify you of any indemnifiable claim. A failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.
We may control the defense and settlement of any claim at your expense, including choice of counsel. You agree to cooperate in the defense of any indemnified claim.
SECTION 21 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity or enforceability of the remaining provisions.
SECTION 22 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, along with any policies posted by us on the Services, constitute the entire agreement between you and Mellow Monsters and govern your use of the Services.
These Terms supersede any prior or contemporaneous agreements, communications, proposals, or understandings, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 23 — ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any of your rights or obligations without our prior written consent.
Any attempted assignment without consent will be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 24 — GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state or jurisdiction where Mellow Monsters is headquartered, without regard to conflict of law principles.
You and Mellow Monsters consent to venue and personal jurisdiction in the courts located in that jurisdiction.
SECTION 25 — HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.
SECTION 26 — CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website.
It is your responsibility to check our website periodically for changes.
If we make material changes, we will notify you as required by applicable law. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 27 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at:
support@mellowmonsters.shop