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Terms of Use

I. The Moon Selfie, Inc. Limited Warranty.

This website is offered by Moon Selfie, Inc., a Delaware corporation with its headquarters in Quincy, MA, in the United States (hereinafter “Moon, “we”, “our” and “us”), to the user of this website (hereinafter “you and your(s)”) subject to your acceptance of the terms, conditions, and notices contained in these Terms of Use. These Terms of Use apply to your use of or visit to this website and all functions or features of this website, as well as all offers, sales, purchases and rentals of products or services sold through this website. By accessing and using this website, you signify your agreement to and acceptance of these Terms of Use, as they may be modified from time to time by Moon BY USING THIS WEBSITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THESE TERMS OF USE AS YOUR BINDING AGREEMENT.

ORDER ACCEPTANCE; PAYMENT: Moon will only accept orders made through this or a pre-approved co-seller website. Terms of payment shall be determined in Moon’s discretion and as otherwise agreed to in writing by Moon Your receipt of an electronic or other form of order confirmation does not signify Moon’s acceptance of your order, nor does it constitute confirmation of the order or Moon’s offer to sell. Moon reserves the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit/debit card, such payment is subject to the approval of the financial institution issuing the credit/debit card, and Moon shall not be liable in any way if such financial institution refuses to accept or honor the credit/debit card for any reason. Moon may require, at our option, that any order placed over a certain dollar amount receive Moon’s pre-approval. Moon may also require additional verification or information before accepting any order. An order is deemed accepted upon our shipment of the products ordered, and Moon will charge your credit/debit card upon such shipment.

ORDER CANCELLATION: Once an order has been placed, it may be cancelled, however if the product has been shipped at the time of cancellation, any shipping and handling fees incurred will be your responsibility. However, you may refuse delivery of your order upon receipt or return your order in accordance with our Return Policy. Any rerouting fees incurred at the time of refusing any product will be deducted from the refund.

SHIPPING AND HANDLING; SALES AND OTHER TAXES: Unless otherwise noted, shipping and handling fees will be charged separately. Sales and similar taxes shall be charged to you by Moon, as required by law.

COMPLIANCE WITH RETURN POLICY: In connection with returns of products purchased or rented at this website, you agree to comply with and be bound by the Moon Return Policy, which is incorporated herein by reference and made part of these Terms of Use. Moon reserves the right not to process any return that does not comply with our Return Policy.  

REFUNDS: Certain sales of products on this website may be eligible for full or partial refunds. For more information, please refer to our Return Policy.

RETURN POLICY; 30 DAY RISK FREE TRIAL; MONEY-BACK GUARANTEE:

You have thirty (30) calendar days from the date of your original purchase to return a [PRODUCT NAME] unit.  The [PRODUCT NAME]  units carry a 30-Day Risk Free Trial. If you are not completely satisfied with your purchase, you must contact Moon at [Customer Phone Number] (Monday-Friday, 8:30 am – 5 pm EST) to obtain a return authorization (RMA) number within 30 days of the purchase date. Once an RMA number has been assigned to you, you are then responsible to ship the product back to Moon at [RETURN ADDRESS]. Once the product has been received by Moon, a credit will be issued. Please note that Moon will not issue refunds for orders that are returned without an RMA or are returned after the 30-Day Risk Free Trial period has expired. Please keep all receipts and delivery notices on file. For refunds, please allow up to two billing cycles for the credit to appear on your credit card statement.

Please refer to the Moon Warranty for any returns due to defects in manufacture or workmanship.

PRODUCT AVAILABILITY: Although availability may be indicated on this website, Moon cannot guarantee product availability and products may not be available for immediate delivery. Moon reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products, or to cancel any order. If there is any revision, discontinuance or cessation, Moon may, at its discretion, ship products which have substantially similar functionality and specifications to the products ordered, or cancel your order and refund any prior payment that you have made for such products.

INACCURACIES; TYPOGRAPHICAL ERRORS: Moon attempts to be accurate. However, Moon does not warrant that product descriptions or other content of this website are accurate, complete, reliable, current, or error-free. If a product offered by Moon is not as described, your sole remedy is to return it in accordance with our Return Policy. In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from Moon suppliers, Moon shall have the right to refuse or cancel any orders placed for products listed at the incorrect price whether or not the order has been confirmed and your credit/debit card has been charged. If your credit/debit card has already been charged for the transaction and your order is cancelled, Moon shall issue a credit to your credit/debit card account for the amount of the charge.

TITLE AND RISK OF LOSS: Title to any ordered products will pass to you upon shipment of such products, except that title to any software included with the products will remain with Moon

PRIVACY POLICY: A complete statement of Moon’s current privacy policy (the ‘Privacy Policy’) can be found on the Moon website. You acknowledge that you have read and understand the Privacy Policy.

PROPRIETARY INTERESTS: You have no rights in or relating to this website or any content, data, software, features or services provided on it (collectively, “Moon Site Content”). Except as provided below with respect to Moon Software or as Moon otherwise expressly provides on this website, you may not use, copy, distribute, create derivative works based upon or publicly perform or display any Moon Site Content.

Certain of the trademarks, logos and service marks displayed on this website, including, but not limited to, [LIST TRADEMARKS] (collectively, the “Moon Trademarks”), are trademarks of Moon.  All other trademarks, product names, company names and logos not owned by Moon that appear on this website (“Third Party Trademarks”) are the property of their respective owners. Nothing contained on this website should be construed as granting, by implication, or otherwise, any license or right to use any of the Moon Trademarks or Third Party Trademarks displayed on this website. You are prohibited from using any of the Moon Trademarks as meta tags without our prior written consent. Use of the Moon Trademarks or Third Party Trademarks, or any other content on this website, except as provided in these Terms of Use, is strictly prohibited. You may not copy, publish, modify, disseminate or use this website or its contents for any purpose other than to obtain information about or purchase or rent products from Moon or its affiliates, and your right to visit this website is at all times subject to revocation by Moon You are prohibited from framing this website or using frames or framing techniques or technology to enclose any content included on this website without Moon’s prior written consent. When accessing this website, you agree to obey the law and to respect the intellectual property rights of others. Your use of this website is at all times governed by and subject to laws regarding trademark and copyright ownership and use of intellectual property.

SITE AVAILABILITY AND SECURITY: At any time and from time to time, all or any portion of this website may not be available or may not function properly. This website may have and may cause technological problems, including viruses and other malicious or damaging computer programs. Moon disclaims liability for any interception of data or communications. Moon does not guarantee the security of this website. Moon is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of this website or resulting from your use of this website.

ELECTRONIC COMMUNICATIONS: When you visit this website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically unless you opt out from receiving such communications. We will communicate with you by email or by posting notices to this website. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

CONSENTS, CHANGES, AND APPLICABLE LAW: Moon reserves the right to modify or alter this website and its contents and the policies and conditions that govern the use of this website, including these Terms of Use, the Return Policy and the Privacy Policy, at any time. Please review these Terms of Use and our other policies periodically for any modifications, alterations, or changes. If you visit or otherwise use this website after we change these Terms of Use or other policies, the changed Terms of Use and/or policies will be binding and effective as between Moon and you. However, such changes will not be effective retroactively – that is, with respect to activities before we posted the changes – except to the extent that the changes expressly state otherwise. If you do not visit or use this website after any such change, or if you visit this website just enough to learn of such change and then refrain from any further visit to or use of this website, the changes will not be effective as between Moon and you. Notwithstanding the foregoing, changes required by, or implemented in response to any change in, applicable laws, ordinances or regulations will be effective whether or not you visit this website.

These Terms of Use will be construed and enforced in accordance with the laws of the State of Massachusetts applicable to contracts entered into and performed in Massachusetts by residents of Massachusetts. Any action or proceeding between you and Moon or any of its affiliates arising out of or in connection with these Terms of Use or this website or any products or services that you purchase or rent at this website shall be brought only in a federal or state court located in Massachusetts and you hereby irrevocably consent and submit to venue in and the personal jurisdiction of such courts for the purposes of litigating any such action.

INTERNATIONAL USERS: We control this website from our offices within the United States. We make no representation that the content on this website is appropriate or that access to such content is lawful in all jurisdictions. Those who access this website from outside of the United States are responsible for compliance with applicable laws in jurisdictions from which this site is accessed. By visiting this website, you acknowledge and agree that we may use any data collected in the course of our relationship for the purposes identified in the Privacy Policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, such data may be stored on servers located in the United States, as further discussed in our Privacy Policy. By providing us with your data, you consent to the transfer of such data and storage of such data within the United States and used for legitimate business purposes as described in the Privacy Policy, and in accordance with GDPR policies as further described in the Privacy Policy.  You agree not to provide data at this website or take any other action which is prohibited or restricted by laws of jurisdictions outside of the United States to which you are subject. Product and shipping prices may vary for international customers. Please visit our list of authorized resellers on our website.

AFFILIATED AND THIRD PARTY SITES: Moon has no obligations or liabilities relating to any third party websites or materials. If you access any third party website through this website or otherwise, you do so at your own risk, even if you use a hyperlink that Moon supplies or otherwise learn of the website from Moon or through this website. Moon works with a number of partners and affiliates to whose Internet sites this website may hyperlink. Hyperlinks to or from this website are for the user’s convenience only. Our inclusion of hyperlinks to an Internet site or providing information or recommendations relating to an Internet site does not, and should not be construed to mean that Moon endorses or sponsors or is affiliated with that Internet site. Moon makes no guarantees about the accuracy, currency, content, or quality of the information provided by third party Internet sites, including any partner or affiliate Internet sites, and Moon assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those Internet sites. Similarly, from time to time in connection with your use of this website, you may have access to content or materials that are owned or supplied by third parties. You acknowledge and agree that Moon makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of such third party content or materials.

INDEMNITY: You will indemnify Moon and its affiliates, officers, directors, employees, consultants, agents, and representatives and hold them harmless from any and all claims, actions, losses, liability, demand, damages, and/or costs or expenses (including reasonable attorneys’ fees and costs) arising from your violation of these Terms of Use.

CAUTIONARY LANGUAGE REGARDING FORWARD-LOOKING STATEMENTS: This website may contain estimates, projections or other statements that are forward-looking in nature (“Forward-Looking Statements”). Any Forward-Looking Statements are inherently speculative and subject to numerous risks and uncertainties. Actual results and performance may be significantly different from historical experience and present expectations or projections. Moon undertakes no obligation to publicly update or revise any Forward-Looking Statements.

SEVERABILITY WAIVER: If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

NO THIRD-PARTY BENEFICIARIES: You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to this agreement.

ENTIRE AGREEMENT: You agree that these Terms of Use and the other documents referenced herein (including the Privacy Policy and our Return Policy), constitute the entire agreement between you and Moon with respect to use of this website. You also may be subject to additional terms and conditions that may apply when you use or purchase or rent certain affiliate or other third party services, products, content, or software.

DISCLAIMER AND LIMITATION OF LIABILITY: MOON MAKES NO REPRESENTATION OR WARRANTY ABOUT THE COMPLETENESS, CORRECTNESS, RELIABILITY OR ACCURACY OF THE INFORMATION CONTAINED HEREIN. THIS WEBSITE, INCLUDING ALL INFORMATION CONTAINED HEREIN, AND ALL SERVICES, PRODUCTS (INCLUDING SOFTWARE) AND MATERIALS CONTAINED HEREIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR FOR PURCHASE OR RENT AT THIS WEBSITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, EXCEPT TO THE EXTENT OF ANY WRITTEN WARRANTY THAT MOON PROVIDES TO YOU TOGETHER WITH ANY SPECIFIC PRODUCT OR SERVICE THAT YOU PURCHASE OR RENT AT THIS WEBSITE. EXCEPT WITH RESPECT TO SUCH WRITTEN WARRANTIES, MOON INC HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THIS WEBSITE AND ITS CONTENTS, OPERATION AND SECURITY AND THE INFORMATION, SERVICES, PRODUCTS (INCLUDING SOFTWARE) AND MATERIALS PROVIDED HEREIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR FOR PURCHASE OR RENT AT THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO NINETY (90) DAYS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

MOON  DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR FOR PURCHASE OR RENT AT THIS SITE, OR  THE SERVER ON WHICH THIS WEBSITE IS LOCATED, OR EMAIL SENT FROM MOON ARE FREE, OR WILL BE FREE, OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE AND LIABILITY ARISING OUT OF THE USE OF THE PRODUCTS AND SERVICES PURCHASED OR RENTED AT THIS WEBSITE, EXCEPT DAMAGE AND LIABILITY RESULTING FROM MOON’S NEGLIGENCE OR A DEFECT IN THE ITEM. MOON’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU IN CONNECTION WITH ANY CLAIM THAT RELATES TO ANY PRODUCTS OR SERVICES THAT YOU PURCHASE OR RENT AT THIS WEBSITE SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF OR RENTAL AMOUNTS PAID FOR, AS APPLICABLE, THE PRODUCTS OR SERVICES ORDERED BY YOU THAT ARE THE SUBJECT OF THE CLAIM.

IN NO EVENT (EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW) SHALL MOON OR ITS AFFILIATES, SUPPLIERS OR VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FOR ANY GOODS OR SERVICES OBTAINED ON THIS WEBSITE, EVEN IF THE PURCHASER HAS BEEN ADVISED OR OTHERWISE KNOWS OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE PROVISIONS OF THESE TERMS OF USE THAT LIMIT LIABILITY, DISCLAIM WARRANTIES, OR EXCLUDE CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR REMEDIES ARE ESSENTIAL TERMS OF THESE TERMS OF USE THAT ARE FUNDAMENTAL TO THE PARTIES’ UNDERSTANDING REGARDING ALLOCATION OF RISK. ACCORDINGLY, THOSE PROVISIONS WILL BE INDEPENDENT OF ANY OTHER PROVISIONS AND WILL BE ENFORCED REGARDLESS OF ANY BREACH OR OTHER OCCURRENCE RELATING TO THESE TERMS OF USE, THIS WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED OR RENTED AT THIS WEBSITE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS OF CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR REMEDIES WILL REMAIN FULLY VALID, EFFECTIVE, AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THESE TERMS OF USE TO FAIL OF ITS ESSENTIAL PURPOSE.

FORCE MAJEURE: Moon shall not be liable for any failure to perform any of its obligations under these Terms of Use if its performance of such obligations is substantially hindered due, directly or indirectly, to any circumstance beyond the reasonable control of Moon, including, but not limited to, war, riot, fire, flood, explosion, storm, accident, civil unrest, strike, lockout, trade dispute, labor disturbance, failure of any machine, system of authorization, data processing or communication system or transmission link, act of any governmental agent, department or other entity or act of God. In such an event, Moon may elect to cancel your order and refund any payments made.