INTRODUCTION
PLEASE READ THESE TERMS OF USE (THESE “TERMS”) CAREFULLY BEFORE USING OUR WEBSITE
YOUR AGREEMENT TO THE TERMS
By using www.mondaria.com , you signify your agreement to these Terms. If you do not agree to these Terms, please do not use our Website. Our Website is owned and operated by Mondaria (referred to here as “Mondaria,” “we,” or “us”).
Mondaria reserves the right, at any time and in its sole discretion, to change, modify or otherwise alter these Terms. Such changes or modifications shall become effective immediately upon the posting thereof. Please review these Terms periodically. If any modification is unacceptable to you, your only recourse is to discontinue use of our Website. Your continued use of our Website following the posting of changes or modifications will constitute your acceptance of the revised Terms.
ACCEPTABLE USE
You may use our Website for your personal, non-commercial, legitimate shopping purposes only. You may not harm our Website in any way or otherwise use our Website in any improper manner, including, but not limited to hacking into our Website's systems, spoofing or faking email headers, or slowing or stopping the functionality of our Website.
In the event you register or purchase product, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mondaria suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, Mondaria, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of our Website.
You will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and for restricting access to your computer, and are fully responsible for all activities that occur under your password or account. If you are under the age of 18, you may use our Website only with approval and assistance of a parent or legal guardian. You agree to (a) immediately notify Mondaria of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. Mondaria will not be liable for any loss or damage arising from your failure to comply with this paragraph. Mondaria reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
RESTRICTIONS ON USE OF MATERIALS
Our Website contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by Mondaria, its related entities, parents and its licensors or licensees. You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of our Website in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.
RISK
Risk of damage, loss or deterioration to goods passes to you on delivery in accordance with these Terms.
TITLE
Goods ordered by you remain our property until you pay for them in full.
PRODUCT WARRANTIES
To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied by us (Warranties), other than those implied by statute which may not be legally excluded. Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at our option.
DISCLAIMER
Although we have made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Mondaria cannot guarantee that the user’s monitor will accurately reflect the actual colors of our products. Products displayed may be out of stock or discontinued, and prices are subject to change. Mondaria is not responsible for typographical errors regarding price. Despite our best efforts, from time to time items on our website or any other site that lists our products may be mispriced. If an item's correct price is higher than the listed price or if it was listed in error or is no longer in stock, we reserve the right, in our sole discretion, to cancel your order and notify you of such cancellation. If a product offered on our website or any other site that lists our products is not as described, your sole remedy is to return it in unused condition for a refund.
Except as otherwise expressly provided, our website and other sites on which our products are listed or advertised, and all contents and all products and services available through or in connection with our website are provided on an “as is” and “as available” basis. Mondaria disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Mondaria does not warrant that your use of our website will be uninterrupted or error free, or that our website or its server are free of viruses or other harmful elements. Although mondaria endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on our website or otherwise provided to you by us. Your use of our website is at your own risk. Neither mondaria nor its affiliated or related entities or its vendors or content providers shall be liable to any person or entity for any direct or indirect loss,
Damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use our website, or any information or materials provided on our website. Mondaria is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with our website or any materials on our website, or with any of mondaria's terms, your sole and exclusive remedy is to discontinue using our website. The disclaimer of warranty provisions in this section do not apply to new jersey residents.
The disclaimers set out in this section do not apply to any of our liability that may arise in connection with the use of mondaria products purchased through our website. By these terms, mondaria does not seek to limit its liability for personal injury or property damage caused by its products.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless mondaria, its shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting or arising out of your breach of any of these terms. Mondaria reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you'll fully cooperate with mondaria in asserting any available defenses. The provisions of this section do not apply to new jersey residents.
LIMITATIONS OF LIABILITY
Under no circumstances and under no legal theory (including, but not limited to, negligence) will mondaria be liable to you or any other person for any damages, whether direct, indirect, special, incidental, consequential, punitive or otherwise that result from, arise out of, or are in connection with the use of or access to, or the inability to use or access, our website or its contents, even if mondaria has been advised of the possibility of such damages. The provisions of this paragraph do not apply to new jersey residents.
The laws of certain jurisdictions do not allow exclusion or limitation of certain damages, including, in some cases, limitations on implied warranties or how long they last, or the exclusion or limitation of liability for consequential or incidental damages. If these laws apply to you, some or all of the disclaimers, indemnification provisions, exclusions or limitations in this section and in the disclaimer and indemnification sections, above, may not apply to you, and you might have additional rights.
LINKS
Our website may provide, or third parties may provide, links to other websites or resources. Because mondaria has no control over such sites and resources, you acknowledge and agree that mondaria is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that mondaria shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
PRIVACY POLICY
Notwithstanding anything else to the contrary contained in these Terms, Mondaria’s use of any personal information (name, etc.) you provide through or in connection with our Website will be governed by our Privacy Policy. For further information regarding Mondaria’s protection of your personal information, please refer to our Privacy Policy.
SUBMITTED MATERIALS
Please note that any suggestions, materials (including, without limitation, images, photographs, videos, and sound recordings), ideas or comments submitted to Mondaria through our Website, Social Media, or otherwise (“Submitted Materials”) shall be deemed as not confidential. You hereby grant Mondaria an irrevocable and unrestricted license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Submitted Materials throughout the world in any media for any purpose whatsoever, and you represent and warrant to Mondaria that the use of such Submitted Materials will not violate or infringe upon any copyright, trademark, or any other intellectual property or other rights (including but not limited to defamation or invasion of privacy) of any person or entity. All such Submitted Materials are subject to the copyright infringement notice-and-take-down procedure described below. Furthermore, a person who accepts a prize as a winner in any Promotion (as defined below), or posts Submitted Materials to any Social Media sites edited by Mondaria, except where legally prohibited, such person grants permission for Mondaria and its designees to use his/her name, address (city and state), photograph, voice or other likeness and, if applicable, prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
SOCIAL MEDIA
These Terms apply, in addition to and as part of the Privacy Policy, to users of “Social Media” platforms hosted by third-party providers (e.g., Facebook, Twitter, Instagram, Tumblr, YouTube, Pinterest, LinkedIn, etc.) when communicating with Mondaria. Mondaria asks users of Social Media sites to be respectful of the larger community by complying with the terms and policies of each Social Media service. Mondaria appreciates and encourages users to contribute respectful comments to further discussion on Social Media sites, but asks that users avoid making comments in Mondaria-related communications that might be considered:
confrontational;
offensive;
discriminatory;
profane;
off-topic;
spam (i.e., unsolicited promotion of a third-party business);
anonymous;
misleading; or
fake.
Mondaria reserves the right to remove comments or content on Social Media sites it edits that fit into any one of the above categories, or for any other reason, to preserve the integrity of the Social Media sites. Mondaria may block further posting on such Social Media sites by any individual who violates these Terms.
REFER A FRIEND PROGRAM
Exclusive offer valid online only on mondaria.com for a limited time only or while stocks last. No rainchecks. Not valid in conjunction with any other discount, offer, coupon code, promotion or voucher. Offer only redeemable in a single transaction online. Offer not redeemable for cash or credit. Not transferable. Not valid on previous purchases. Offer valid on full-priced items only. Discount applied at checkout with code.
MOBILE SERVICES
Mobile Terms & Conditions
MONDARIA offers its customers mobile marketing alerts regarding promotions, sales, offers, and cart reminders by SMS message (the "Service") . By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. MONDARIA reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
Authorize MONDARIA to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
Acknowledge that you do not have to agree to receive messages as a condition of purchase.
Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact us. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Content You May Receive
You may receive alerts about:
Sales
Promotions
Offers
Cart reminders
An order has been placed
An order has been shipped
An order has been delivered
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. MONDARIA may add or remove any wireless carrier from the Service at any time without notice. MONDARIA and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
Questions
You can contact us at https://www.mondaria.com/pages/contact-us.
Changes to Terms
These mobile terms and conditions are subject to change at any time without notice.