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Terms of Service

Last updated: May 15, 2024

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://mamapunchmonkey.com website (the "Service") operated by Mama & Me ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. Acceptance of Terms

By accessing and using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy, Refund Policy, and Shipping Policy. If you do not agree with any part of these terms, you must not use our Service.

2. Eligibility

By using the Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

3. Account Responsibilities

If you create an account on our website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Product Descriptions and Pricing Accuracy Disclaimer

We strive to be as accurate as possible in the descriptions of our products, including the Mama Punch Monkey Plush Toy. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price.

5. Order Acceptance and Cancellation Rights

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We also reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment. We may require additional verifications or information before accepting any order.

6. Payment Terms

All payments are due upon completion of order. If a payment is not received or payment method is declined, the buyer forfeits the ownership of any items purchased. If no payment is received, no items will be shipped. We use third-party payment processors to handle transactions securely. By submitting your payment information, you grant us the right to provide this information to these third parties subject to our Privacy Policy.

7. Intellectual Property

The Service and its original content (excluding User Content), features and functionality are and will remain the exclusive property of Mama & Me and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Mama & Me.

The Mama Punch Monkey Plush Toy, its design, and related marketing materials are proprietary to Mama & Me. Any unauthorized use, reproduction, or distribution is strictly prohibited.

8. User Conduct

You agree not to use the Service for any unlawful purpose or any purpose prohibited by these Terms. You agree not to use the Service in any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.

9. Limitation of Liability and Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Mama & Me, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

In no event shall Mama & Me, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

10. Indemnification

You agree to defend, indemnify and hold harmless Mama & Me and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) content posted on the Service.

11. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of [Your State/Country, e.g., the State of California, United States], without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration in [Your City, State/Country, e.g., Los Angeles, California], in accordance with the rules of the American Arbitration Association, rather than in court. You agree that any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.

12. Severability Clause

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

13. Contact Information

If you have any questions about these Terms, please contact us: