Terms of Use
This website and online store ("Website") is a service made available by moon d'elle LLC ("Company," "we," or "us" as context requires) to its customers and users of the Website (“you” or “User” as context requires). Any content, information, and software provided on and through the Website ("Information") may be used by you solely under the following terms and conditions of use ("Terms of Use").
Eligibility and Agreement to Terms
This Website is offered and available to users who are 18 years of age or older and who are willing to be bound by the terms of these Terms of Use. By using this Website, you represent and warrant that you are of legal age to form a binding agreement with Company and meet all of the foregoing eligibility requirements. You agree that your use of this Website constitutes your acceptance of and unconditional agreement to be bound by these binding Terms of Use. If you do not meet all of these requirements or do not wish to be bound by these Terms of Use, you must not access or use the Website.
The Website is solely intended for use by individuals residing in the United States (US). Company makes no representations that any content or functionality available through Website are appropriate or available for use in other locations outside of the US. Those who choose to access the Website from other locations do so on their own initiative and at their own risk and are responsible for complying with all applicable national, federal, state, provincial, and local laws.
License
Company grants User a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Information in accordance with these Terms of Use. Company may terminate this license at any time for any reason. User may access, display, print, and store content from the Website for User's personal, non-commercial use only.
Limitations on Use
The Information on this Website is for authorized use only and not for User's or third-party commercial exploitation. User may not decompile, reverse-engineer, disassemble, rent, lease, loan, sell, sublicense, copy, or create derivative works from the Website or the Information. User may not use any network monitoring or discovery software to determine the Website architecture, or extract information about usage or users. User may not use any robot, spider, other automatic device, search engine, or manual process to monitor or copy the Website or the Information without Company's prior written consent. User may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, nonprofit, or public purposes all or any portion of the Website or Information, except to the extent authorized by Company. User may not use or otherwise export or re-export the Website or any portion thereof, the Information, or any software available on or through the Website in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Website or its Information is prohibited.
Product and Pricing
The product and pricing information supplied on this Website is provided for your convenience only. It does not constitute an offer to make a sale. Your order will be treated as an offer to purchase, which will be subject to acceptance by Company. Terms will be as expressly agreed by you and Company as stated in these Terms of Use. Product information changes from time to time and may, on occasion, include inadvertent errors (typos and misprints). Please contact Company to confirm product and pricing information. Company disclaims any liability for typographical errors, misprints, and other mistakes or omissions on the Website. The availability, product descriptions, and product prices of products sold on the Website are subject to change at any time without prior notice. Product prices do not include shipping and handling fees or sales taxes. Shipping and handling charges will be added to your order. We may be required to collect sales tax from you and, if required, will add sales tax to your order. Orders must include current, valid payment card information. By submitting an order to purchase products through the Website, you authorize us to charge to the payment card identified in your order the price for all products purchased in the order, plus all applicable shipping and handling charges and taxes.
Order Acceptance
All orders submitted through the Website are subject to acceptance by Company, and an electronic confirmation of order receipt may be issued. Confirmation of order receipt does not constitute acceptance of your order. An order may be accepted in a written acceptance or by processing payment for or otherwise fulfilling the order. All purchases from the Website are subject to these Terms of Use. If you do not agree to any of these terms, we will not be able to accept your order.
Shipping
We may arrange for shipping through the U.S. Postal Service or a commercial carrier through a shipping broker or through a carrier you select. In some instances, Company may arrange for product vendors to ship products directly from their locations to purchasers. If you order products supplied by such a direct ship vendor, or by different such vendors, products will be shipped to you separately from either Company or from the respective vendor locations. Products will be shipped only to locations in the United States. Company will have no responsibility for fulfilling orders that cannot be shipped because of incomplete or inaccurate billing or shipping information.
Delivery
Company is not responsible for delays in delivery occasioned by acts of God or other circumstances over which Company has no direct control. Factory shipment or delivery dates provided are the best estimates of our suppliers, and in no case shall Company be liable for any damages, whether direct, consequential, special, or otherwise, arising from any delay in delivery.
Reversed Charges
To the maximum extent permitted by law, you agree that, if you dispute a charge with your payment card company, you will pay any chargeback costs incurred by Company related to reversed charges as well as the initial charge you are disputing.
Linking to the Website
User may provide links to the Website upon notifying Company of User’s intent to link to the Website. Company reserves the right to revoke linking privileges.
Links to Other Sites
The Website may include hyperlinks to websites owned or operated by third parties (that is, any party other than Company). Such links are provided for your reference or convenience only. Company does not control the content or operation of any such linked third-party website, and Company disclaims any responsibility for any product, service, or information provided on any such linked third-party website.
Intellectual Property Rights
All materials on this Website including, but not limited to, text, graphics, photographs, graphs, illustrations, sounds, data, images, audio, and video clips, are protected by copyright law and are owned by Company.
All trademarks, logos, trade names, and service marks of Company used on this Website (the “Trademarks”) are protected by trademark law. The Trademarks may not be used in connection with any third-party products or services without the express prior written consent of Company. All other trademarks, brands, names, and logos appearing on this Website are the property of their respective owners.
Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright, trademark, or other intellectual property rights. User agrees that the Information and Website are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
Registration
To the extent that certain sections of this Website require User to register an account, User agrees to provide Company with accurate, complete registration information. It is User's responsibility to inform Company of any changes to that information. You acknowledge and agree that Company may store information associated with you and your account. Each registration is for a single person only, unless specifically designated otherwise on the registration page. Company does not permit access through a single name being made available to multiple users on a network.
You are responsible for preventing unauthorized use of your account. If you believe there has been unauthorized use, you must notify Company immediately by emailing Company. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.
Any passwords used for this Website are for individual use only. You shall be responsible for the security of your password. Company shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require it to be changed and/or terminate your account.
By using the Website and creating an account, you agree to receive communications from Company, including email, subject to applicable law.
Privacy
Please review our Privacy Policy available on the Website for information about collection and use of information in connection with the Website and its operations.
Unlawful and Other Prohibited Activity
Company reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action deemed appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail address, usage history, posted materials, IP addresses, and traffic information. You are prohibited from using any features of this Website to compromise security or tamper with system resources or registrations. The use or distribution of tools designed for compromising security (for example, password guessing programs, cracking tools, or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Remedies for Violations
Company reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use including, but not limited to, the right to block access from one or more particular Internet addresses to the Company's Website and its features.
Modifications to Terms of Use
Company reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Website and are effective immediately. User is responsible for regularly reviewing the Terms of Use. Continued use of the Website after any such changes constitutes User's consent to such changes.
Warranty Disclaimer
THE SERVICES, INFORMATION, MATERIALS, AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND NEITHER THE COMPANY NOR ITS AFFILIATES MAKES ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING, WITHOUT LIMITATION, (A) WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE; OR (B) WARRANTIES THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE, THAT IT IS SUITABLE FOR THE PARTICULAR NEEDS OF THE USER OR ANY THIRD PARTY, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO USE OF THE WEBSITE. THE USER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE WEBSITE AND ANY LINKED SITES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES DISCLAIM ALL PRODUCT-RELATED WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF ANY PRODUCT DESCRIPTION OR OTHER INFORMATION PROVIDED ON THE WEBSITE. FURTHER, THE COMPANY AND ITS AFFILIATES DISCLAIM ALL LIABILITY FOR PRODUCT DEFECTS, PRODUCT MISUSE OR ABUSE, IMPROPER PRODUCT SELECTION, OR NON-COMPLIANCE OF ANY PRODUCT WITH APPLICABLE LAWS OR REGULATIONS. THIS DISCLAIMER SHALL BE LIMITED TO THE EXTENT (IF ANY) THAT IT IS PROHIBITED BY APPLICABLE LAW.
THESE DISCLAIMERS OF WARRANTIES SHALL NOT BE VOIDED OR OTHERWISE ALTERED BY ANY BUSINESS TERMS OF USE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE OR INFORMATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF PROFITS, GOOD WILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) YOUR USE OF OR INABILITY TO USE THE WEBSITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT O-F ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE AND ANY SERVICES OFFERED THEREBY. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. THIS LIMITATION ON LIABILITY SHALL NOT BE VOIDED OR OTHERWISE ALTERED BY ANY BUSINESS TERMS OF USE.
In the event of any final determination that you are entitled to damages as a result of or in connection with your use of the Website, you agree that Company shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500 in the aggregate.
Exclusions and Limitations
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law
The Company is located in the State of Virginia, USA. All orders are submitted to and subject to acceptance by Company at its location. User and Company agree that the laws of the State of Virginia govern these Terms of Use without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website, except as otherwise set forth herein with regard to dispute resolution, and to the extent that the waivers herein do not apply, you irrevocably consent to the exclusive jurisdiction of courts (state and federal) sitting in the State of Virginia acknowledge that venue is only proper in the state courts in Fairfax County, Virginia, or the federal court sitting in Fairfax County, Virginia, and waive any objection you may have in the future with respect to any of the foregoing. Any claim or action that any party may have arising from or related to use of the Website must be filed within one (1) year after the claim or cause of action arises. Any claim or action that any party may have arising from or related to use of the Website or any purchase made through the Website must be filed within 90 days after the claim or cause of action arises. Any claim or action not filed within such times will be forever barred.
Use of the Website is not authorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use or the Privacy Policy, including, but not limited to, disclaimers and limitations of liability. In the event any provision of these Terms of Use or the Privacy Policy is determined to be invalid or unenforceable in any jurisdiction, the remaining terms shall continue in full force and effect in that jurisdiction, and a determination of invalidity or unenforceability in one jurisdiction shall not affect the Terms of Use or the Privacy Policy in any other jurisdiction.
Dispute Resolution, Including Arbitration And Class Action Waiver
You and we agree that in the event of any dispute between us, you and we will first try to resolve the dispute through good faith discussions with each other. Accordingly, neither you nor we may start a formal proceeding for at least sixty (60) days after one of us notifies the other in writing of a dispute. You will send your notice to us at contact@moondelle.com. We will notify you through the contact information you have provided to us. The notice must be sent by U.S. mail (certified or registered) or by express courier (e.g. FedEx or UPS), with confirmation of delivery requested. However, we may provide notice by electronic means if you have not provided us with a postal address.
IF YOU AND WE ARE UNABLE TO RESOLVE OUR DISPUTE THROUGH GOOD FAITH DISCUSSIONS WITH EACH OTHER, YOU AND WE EACH AGREE THAT WE WILL SUBMIT THE DISPUTE TO BINDING ARBITRATION. To the fullest extent permitted by law, any controversy or claim arising out of or relating to our relationship, these Terms of Use (including any dispute as to their breach, termination, enforcement, interpretation, or validity), our Privacy Policy (including any dispute as to its breach, termination, enforcement, interpretation, or validity), our Website, and Information will be resolved exclusively by binding arbitration, in a venue and manner to be agreed upon by you and us. Arbitration is not a court proceeding. The rules of arbitration differ from the rules of court and there is no judge or jury in an arbitration proceeding. YOU ARE HEREBY WAIVING YOUR RIGHT TO HAVE A JURY TRIAL OR TO GO TO COURT. You may, in arbitration, seek any and all remedies otherwise available to you where you reside, other than as waived in these Terms of Use. You have a right to hire an attorney to represent you in arbitration. The arbitration shall permit the discovery of relevant information that is not privileged or protected.
The arbitrator’s decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law, and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim, and the award shall provide a concise reasoned decision of the essential findings and conclusions upon which it is based. You and we agree that the Federal Arbitration Act shall govern this agreement to arbitrate.
Notwithstanding the above, in lieu of initiating an arbitration, you may instead choose in your sole discretion to file an individual action in a small claims court. If you do so, we do not agree to pay any of your fees or costs. The class action waiver below remains effective, even if you elect to file in a small claims court.
YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES WITH COMPANY ON AN INDIVIDUAL BASIS, AND YOU AGREE NOT TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR IN A LEGAL ACTION. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM AGAINST US, OUR SERVICE PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES, PREDECESSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, “COMPANY ENTITIES”) AS A MEMBER OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION (E.G., CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATION WITH OTHER ARBITRATIONS). YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS OR CONSOLIDATED ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. A court may sever any portion of this section that it may find to be unenforceable, except for the prohibition on class, representative, or private attorney general proceedings. You understand and agree that the waivers of rights in this section, including the waivers of the rights to bring a lawsuit in court and to assert a class action, are knowing and voluntary.
Indemnification
You agree to indemnify, hold harmless, and defend Company and all Company Entities for, from, and against any claims, causes of action, demands, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) including reasonable attorneys' fees, due to or arising out of (1) content you submit, post to, or transmit through the Website, (2) your use of the Website, (3) your connection to the Website, (4) your violation of these Terms of Use, (5) your violation of the Privacy Policy, (6) your violation of any applicable law in connection with your use or misuse of the Website, or (7) your violation of any rights of another.
Notice for California Consumers
If you have a question or complaint regarding this Website, please send an email to contact@moondelle.com. Users may also contact Company by writing to moon d’elle, LLC, 200 Public Square Suite 2800, Cleveland, Ohio 44114, or by calling Company at (216) 621-0150. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Miscellaneous
These Terms of Use and the Privacy Policy constitute the entire agreement between User and Company with respect to the Website. No prior or current agreements or communications between User and Company will have any effect as part of this agreement or as a separate continuing agreement.
No waiver of any breach of any provision in these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions of the Terms of Use, and no actual or alleged waiver by Company of any provision of these Terms of Use shall be effective unless made in writing and signed by an authorized representative of Company.
If any provision of these Terms of Use is determined to be invalid or unenforceable in any jurisdiction, the remaining terms shall continue in full force and effect in that jurisdiction, and a determination of invalidity or unenforceability in one jurisdiction shall not affect the Terms of Use or the Privacy Policy in any other jurisdiction.
Any rights not expressly granted to you herein are reserved by and to Company, its licensors, and other third parties.
Contacting Us. You may contact us at the following address: contact@moondelle.com.