Terms of Use

Welcome to www.moodessential.com. Mood Wellness, LLC ("Mood") provides website features and other products and services to you when you visit or shop at www.moodessential.com ("Site") or use Mood products or services (collectively, "Mood Services"). Mood provides the Mood Services subject to the following conditions ("Terms of Service").

These Terms of Service are a binding agreement between you and Mood and will govern your use of Mood Services. Mood reserves the right to modify these Terms of Service at any time, without notice. Your participation in and continued use of Mood Services constitutes your acceptance of these Terms of Service and any modifications thereof.

INTELLECTUAL PROPERTY

All content included in or made available through any Mood Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and related content is the property of Mood or its suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Mood Service is the exclusive property of Mood and protected by U.S. and international copyright laws.

TRADEMARK

In addition, company and product names, graphics, logos, page headers, button icons, scripts, Site design, service names, and related content included in or made available through any Mood Service are trademarks or trade dress of Mood in the U.S. and other countries. Mood’s trademarks and trade dress may not be used in connection with any product or service that is not Mood’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mood. All other trademarks not owned by Mood that appear in any Mood Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mood. Title, ownership rights, and intellectual property rights in Mood’s copyrights, trademarks, trade dress and other proprietary and intellectual property rights, as set forth above, including any upgrades, modifications or derivative works thereof shall remain in Mood. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Mood Services, or any modification thereof, or assist any third party to do the same. Nothing in these Terms of Service shall be construed to grant to you any ownership, license or other interest in the intellectual property of Mood. Mood does not convey any intellectual property rights to you. Any unauthorized use of Mood’s intellectual property rights shall result in automatic termination of your use of Mood Services.

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Mood grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Mood Services. This license does not include any resale or commercial use of any Mood Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Mood Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Mood or its licensors, suppliers, publishers, rightsholders, or other content providers. No Mood Service, nor any part of any Mood Service, may be reproduced, reverse engineered, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mood. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mood without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mood’s name or trademarks without the express written consent of Mood. You may not misuse the Mood Services. You may use the Mood Services only as permitted by law. The licenses granted by Mood terminate if you do not comply with these Terms of Use.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Mood reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Mood a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mood and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Mood for all claims resulting from content you supply. Mood has the right but not the obligation to monitor and edit or remove any activity or content. Mood takes no responsibility and assumes no liability for any content posted by you or any third party.

RETURNS

Mood Wellness offers a full refund on any products that are returned within 90 days of receiving the said product(s). Any attempts to dilute or refill bottles in any away voids this offer of a refund. All products covered by this return policy may only be returned for: a refund to the original form of payment, in-store credit or a replacement of the same or equivalent item.

You must notify Mood Wellness before returning any product within 90 days of purchase. All product returns require an (Mood) number or a pre-paid return label which must be included on or in the package. You may obtain this information by contacting Mood Wellness, by email or telephone. Mood Wellness reserves the right to refuse any return.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE Mood SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MOOD SERVICES ARE PROVIDED BY MOOD ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MOOD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MOOD SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MOOD SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MOOD SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOOD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOOD DOES NOT WARRANT AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MOOD SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MOOD SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

GENERAL

You are responsible for your use of Mood Services and products purchased through the Site. You recognize that content and information provided through the Mood Services is solely for educational purposes and is not meant for treatment, diagnosis, or prescription purposes. All natural supplements should be used under supervised care of a licensed physician.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Mood Services only with involvement of a parent or guardian. Mood reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

When you purchase products or services from Mood, payment by credit card or debit card is due at the time of purchase. Mood accepts the following cards: Visa, MasterCard, American Express or Discover. Mood does not guaranty that any product or quantity of product will be in stock or otherwise available. All items purchased from Mood are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If you have concerns relative to the shipment contract, you must contact Mood to make your order. Mood will make any reasonable arrangements, including requiring delivery confirmation and/or insurance. You are responsible for any extra taxes or duty fees for packages shipped outside the United States.

If legal action is necessary to enforce these Terms of Service a reasonable attorney's fee, expenses and costs shall be awarded to the prevailing party. Any dispute relating to these Terms of Service shall be governed by, construed, and interpreted in accordance with the laws of the State of California. You and Mood agree that the Courts of California shall be the venue for any dispute arising or related to these Terms of Service.