Welcome to www.mooslabs.us (the “Website”), a website operated by Moose Labs LLC (“Moose Labs”, “we”, “us”, or “our”). Moose Labs is an online retailer of smoking-related accessories (“Products”) and provider of related services (“Services”).
The following terms and conditions (the “Terms of Use”) form a binding agreement between you and Moose Labs and govern your use of the Website and our relationship. The term “Website” includes any website or mobile application operated by Moose Labs. These Terms of Use may be supplemented, modified or superceded by the terms and conditions of any other agreement you may enter into with Moose Labs. You may obtain a current copy of these Terms of Use by accessing the Website.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING ANY PART OF THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS ANY PART OF THE WEBSITE.
Moose Labs’ policy regarding the collection and use of personal information in connection with the Website is provided in Moose Labs’ Privacy Policy. Some of our partners, such as brand partners, payment gateways and social media sites we use (“Social Media”), may have privacy policies that differ from ours. You are encouraged to read and understand all privacy policies that may be applicable to your use of the website.
These Terms of Use include your agreement to a mandatory arbitration provision that governs any disputes between you and us (except for matters that may be taken to small claims court and other exceptions as stated under the heading Binding Arbitration), and which includes a class action waiver.
We may change, add, or delete portions of these Terms of Use at any time at our sole discretion. It is your responsibility to check these Terms of Use for changes prior to use of the Website. Your continued use of any Website following the electronic posting of changes to these Terms of Use constitutes your acceptance of any changes. We will use reasonable efforts to notify you of any such material changes by posting notice of the changes on the Website, and/or, in our sole discretion, by email or other means.
1. USER DEFINITIONS
Certain portions of these Terms of Use may or may not apply depending upon how you access the Website. If you merely browse the Website without creating an Account (as defined below), you are a “Visitor.” If you create an Account and register with us, you are a “Member.” If you purchase any Product or Service from us as a guest without creating an Account, you are a “Customer.” Visitors, Members and Customers are collectively referred to herein as “Users.”
2. MEMBER INFORMATION & AGE LIMIT
To become a Member you must create an account (“Account”) and provide your name and email address. When you create an Account, you will select or be provided with login credentials to access certain features of the Website (“Credentials”).
Please keep your Credentials confidential. Your Credentials may not be transferred to or shared with any third party. If someone accesses the Website using your Credentials, we will rely on those Credentials and will assume that it is really you who is accessing the Website. You are solely responsible for any and all use of your Credentials and all activities (including any purchases of Products and Services) that occur under or in connection with your Account. Without limiting any rights that we may otherwise have, we reserve the right to take any and all action we deem necessary to ensure the security of the Website and your Account, including without limitation terminating your Account, changing your Credentials, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Website under your Credentials that, if undertaken by you, would be deemed a violation of these Terms of Use. You may not use anyone else’s Account or Credentials at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Credentials are being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity.
The Website is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Website only with involvement of a parent or guardian.
3. EMAIL AND ELECTRONIC COMMUNICATIONS
If you provide us with your email address or create an Account, you are, by default, opted in to receive promotional email communications from us. You may, at the time of sign up, opt out of receiving email communications from us, or may thereafter opt out of email communications by adjusting your profile settings on the Website.
Additionally, we can only provide the benefits of certain portions of our Website (including purchasing Products and Services) by conducting business via electronic communications. You hereby (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights.
You may withdraw your consent to receive communications from us electronically by providing us with notice as set forth in Section 22. If you withdraw your consent, from that time forward, you must stop using the Website. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all communications without interruption.
4. PURCHASE OF PRODUCTS AND SERVICES
You may purchase Products or Services through the Website. These Terms of Use shall govern your purchase of any Products or Services through the Website. In addition, your purchase of Products or Services may also be governed by additional terms and conditions communicated at the time of purchase. In the event of a direct conflict between these Terms of Use and any additional terms and conditions communicated at the time of purchase, the terms and conditions communicated at the time of purchase shall take precedence and control.
5. ACCURACY
Though we strive for accuracy, occasionally, the information on the Website may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing and availability. We apologize for such oversights. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted an order). In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order. We hope this will not cause you undue inconvenience.
Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an item displayed.
6. GENERAL RULES OF USER CONDUCT
It is our goal to make access to our Website a good experience for all of our Users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, your use of the Website, or access to the Website for any purposes other than for which the Website is being provided to you, or do any of the following:
Conduct or promote any illegal activities while using the Website;
Attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;Attempt to gain access to secured portions of the Website or Services to which you do not possess access rights;Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;Use the Website to generate unsolicited email advertisements or spam;Use the Website to stalk, harass or harm another individual;Use any high-volume automatic, electronic or manual process to access, search or harvest information from the Website (including without limitation robots, spiders or scripts);Interfere in any way with the proper functioning of the Website or interfere with or disrupt any servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Website or Our Content contained on any such web page for commercial use without our prior express written permission;Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or mirror or frame the Website or any of Our Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
7. RIGHT TO SUSPEND
We reserve the right, in our sole discretion, to suspend any Member or Customer’s Account or any User’s access to the Website at any time at our discretion including, without limitation, as necessary in our discretion to protect the security or operation of the Website.
8. OWNERSHIP OF INTELLECTUAL PROPERTY
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Website (“Our Technology”) and the materials, information and content made available or displayed by us on the Website (collectively, “Our Content”) are: (i) copyrighted by us, our licensors and/or other licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information or restriction. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Website or Services according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed on Products, and the Website constitute trademarks, tradenames, service marks or logos (“Marks”) of Moose Labs or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, create derivative works of or otherwise use Our Content and any Marks from Our Content or Our Technology. Any use of third party software provided in connection with the Website or Services will be governed by such third parties’ licenses and not by these Terms of Use.
9. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
We respect the intellectual property of others, and we ask you to do the same. If you believe that any of Our Content infringes your copyrights, please provide our DMCA Agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please direct any such notifications to our DMCA Agent: Dan Rush, Moose Labs LLC, PO Box 711 Lawndale CA 90260, 970-239-1209, support@mooselabsllc.com.
10. USER CONTENT
In the event that you provide us any information, profiles, goals, opinions, messages, comments, photos, videos, feedback or ideas and any other content or material related to the Website, our Social Media, or our Products and Services (collectively “User Content”), you agree we may use the User Content for any purposes to, among other things, to modify or advertise our Website, Social Media, Products or Services, and that you will not be due any compensation, including any royalty related to the product or service that incorporates your User Content. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the User Content in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the User Content on the Website or through any other method of communication with us, including but not limited to email, text or by posting, reposting or sharing via any Social Media. unless we have entered into a separate agreement with you that provides otherwise. By providing any User Content waive any and all rights to sue or otherwise assert any claim against Moose Labs arising out of or relating to the use of such User Content.
Further, by using Moose Labs’ hashtags (including but not limited to #mooselabs or #mouthpeace) or tagging Moose Labs on a public social media post, or by responding to our request for the right to use the user content you posted on your public social media posts you automatically grant Moose Labs a worldwide, royalty-free, fully paid, perpetual, irrevocable license to such User Content. For avoidance of any doubt, this means that Moose Labs may post, repost, share, and otherwise distribute and reproduce the User Content in any manner Moose Labs deems fit. If you delete or edit your Submission post, after using the Lulus hashtags, or later turn the post to “private,” your agreement to these terms will remain in effect.
You represent and warrant that: (a) you own or otherwise control all of the rights to any User Content that you post; (b) your User Content does not iolate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (c) the User Content is accurate; (d) the use of the User Content does not violate this policy and will not cause injury to any person or entity; and (e) you will indemnify Moose Labs for all claims resulting from your User Content. Moose Labs has the right but not the obligation to monitor and edit or remove any activity or content. Moose Labs takes no responsibility and assumes no liability for any content posted by you or any third party.
11. MODIFICATIONS TO THE WEBSITE
We reserve the right to modify or discontinue the Website with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Website. If you object to any such changes, your sole recourse will be to cease access to the Website. Continued access to the Website following notice of any such changes will indicate your acknowledgment of such changes and satisfaction with the Website as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Website at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE.
12. THIRD PARTY CONTENT AND OTHER WEBSITES
Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Website. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Users, advertisers, and other third parties or violation of any third-party rights related to such content. The Website may contain links to websites not operated by us, including the websites of our partner brands. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the Website you may be exposed to third party websites that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Website. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third-party websites or any association with their operators. The Website may contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, SOCIAL MEDIA, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.
13. DISCLAIMER OF WARRANTIES
THIS WEBSITE, OUR SOCIAL MEDIA AND ALL PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO OR PURCHASED BY YOU THROUGH THIS WEBSITE OR SOCIAL MEDIA ARE PROVIDED BY MOOSE LABS “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MOOSE LABS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, SOCIAL MEDIA OR ANY PRODUCTS OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO OR PURCHASED BY YOU THROUGH, THIS WEBSITE OR SOCIAL MEDIA, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND SOCIAL MEDIA IS AT YOUR SOLE RISK. We make no warranty that the Website, Social Media, Products or Services will meet your requirements, or that the Website or Social Media will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Website, Social Media, Products or Services, or that defects in the Website, Social Media, Products or Services will be corrected. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or Our Content. No advice or information, whether oral or written, obtained by you from us through the Website, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.
SOME STATES DO NOT ALLOW EXLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY IN INDIVIDUAL CASES. YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE. TO THE EXTENT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
14. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE WEBSITE AND SOCIAL MEDIA, ALLOW YOU TO PURCHASE PRODUCTS AND SERVICES, OR COLLECT PAYMENT FROM YOU IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE WEBSITE, SOCIAL MEDIA, PRODUCTS OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY PRODUCTS OR SERVICES OR FOR ANY INFORMATION APPEARING ON ANY OTHER WEBSITE LINKED TO OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, SOCIAL MEDIA, PRODUCTS OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE, SOCIAL MEDIA, PRODUCTS AND SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE OR SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (i) THE TOTAL AMOUNT OF YOUR PURCHASES IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY, AND (ii) TEN DOLLARS (U.S. $10.00).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT DO SO, THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, HACKING, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
15. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Moose Labs, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Website, Social Media, Products or Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) any content, information or materials you upload to the Website or Social Media; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Website or Social Media.
16. GOVERNING LAW
These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of California, without respect to its choice of law provisions.
17. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE
THIS ARBITRATION AGREEMENT APPLIES TO RESIDENTS OF THE UNITED STATES. PLEASE READ THIS SECTION CAREFULLY, IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT.
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your use of the Website, your purchase of any Products or Services, and your relationship with us. Any dispute or claim arising out of or relating to these Terms of Use, your use of the Website or Social Media, your purchase of any Products or Services, or your relationship with Moose Labs (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that.
Exceptions. Notwithstanding the clause above, you and us agree that nothing herein will be deemed to waive, preclude or otherwise limit either of our rights, at any time, to (1) bring an individual action in small claims court provided the claims asserted qualify as a small claim(s) by such a court, (2) pursue enforcement actions through applicable federal, state or local agencies where such actions are available, or (3) to file suit in a court of law to address any alleged violations of the Computer Fraud and Abuse Act or claims of intellectual property infringement or misappropriation. If pursued under this paragraph, any such claims shall be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the state or federal courts located in Los Angeles, California.
Arbitration Procedures and Rules. Before you or Moose Labs commences an arbitration, the party who intends to commence arbitration must first send a written description of the claim or dispute and the relief sought to the other party to allow us both an opportunity to resolve the matter. We will send notice to the email you used to create your Account. You will send notice to Moose Labs by sending an email to the following email address: support@mooselabsllc.com. You and we each agree to negotiate your claim in good faith. Either party may request arbitration if the claim or dispute cannot be resolved within 60 days.
The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location, subject to the right of any witness, party and/or its counsel to appear by telephone or video conference. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and we agree must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $10,000, we will reimburse you for the filing fee unless the arbitrator determines that your claims are frivolous. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration, unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.
Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. Neither you, nor any other User, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
18. GENERAL TERMS
These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.
19. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Website is Moose Labs LLC, PO Box 711 Lawndale CA 90260. To file a complaint regarding the Website or to receive further information regarding use of the Website, send a letter to the above address or contact Moose Labs via e-mail at support@mooselabsllc.com with "California Resident Request" as the subject line. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.
20. SEVERABILITY
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
21. SURVIVAL
Sections 1 through 3, 8, 10, and 12 through 22 of these Terms of Use will survive the expiration or termination of these Terms of Use for any reason.
22. NOTICE; VIOLATIONS
We may give notice to you by email, a posting on the Website, or other reasonable means. You must give notice to us in writing via email to support@mooselabsllc.com or as otherwise expressly provided. Please report any violations of these Terms of Use to support@mooselabsllc.com.
23. INTERNATIONAL SHIPPING
Schedule 1. Terms of Service
1. You are shopping on a merchant’s website (the “Merchant”).
2. If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (“Passport”), and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order.
3. Your Qualifying Customer Order is subject to: (1) these Terms and Conditions; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:
3.1 You are dealing with and providing your information to Passport. Passport may contact you about your order.
3.2 If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.
3.3 The Merchant remains responsible for handling payment for your order.
3.4 Once your payment is processed, ownership in the items will shift from Passport, to you.
3.5 Certain addresses will be ineligible for shipment, such as PO box addresses.
3.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.
3.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.
3.8 You authorize Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (ii) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (iii) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorized.
4. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.
5. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.
6. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.
7. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.
8. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address. Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Merchant. Where a return by the Customer is authorised by Passport or the Merchant, Passport shall also have the right to return the item to Merchant and accordingly the Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer, and Passport’s direction, ownership and risk in the Products for return shall pass directly to the Merchant. Where a return is authorised by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide a credit note to the Customer to the extent of the value of the Product(s) authorised to be returned directly to the Merchant. In relation to any return of Products to the Merchant, you authorise Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.
9. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:
9.1 Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.
9.2 Privacy. To complete your Qualifying Customer Order you will be providing personal information to the Merchant and Passport and you consent to your personal information being collected, used, processed, disclosed and/or stored by the Merchant and Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with the Merchant’s and Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant. The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy. The Merchant and Passport may analyse transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by Passport. Any transactional data analysed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.
9.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.
9.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms and Conditions at any time. Passport will ensure that the current version of these Terms and Conditions is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions .
9.5 Severability. If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.
9.6 Proceedings. Any action or proceeding arising out of or relating to these Terms and Conditions must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.
9.7 Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.
9.8 Definitions. “Member State”, “third country” and “third territories” as defined in Article 5 of Council Directive 2006/12/EEC. “Products” means those goods offered for sale via the Merchant’s website which are not of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they to be imported into the UK, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws. “Product Prices” means the prices including VAT at the appropriate rate of the Products as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and “Product Price” means the price of an individual Product. “Qualifying Customer Order” meets all of the following conditions:
(A) It is an order for Product or Products placed via the Merchant’s website which are to be transported from:
- a third country or territory, excluding Northern Ireland (“NI”), to an address in a Member State of the EU (e.g. USA to France);
- a third country or territory, excluding the UK, or from a Member State of the EU to an address in Great Britain (e.g. Germany to England); or
- a third country or territory, excluding NI, to an address in NI (e.g. USA to NI); and
(B) In relation to the transport of a Product or Products to an address:
- in Great Britain or NI, the total intrinsic value of the Product or Products comprising that order does not exceed £135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed £135 (one hundred and thirty five) British Pounds Sterling; and
- in a Member State of the EU, the total intrinsic value of the Product or Products comprising that order does not exceed €150 (one hundred and fifty) Euros, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed €150 (one hundred and fifty) Euros.
Effective Date: January 1, 2023
