Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to MUSCLE MOMMY! The terms “we”, “us” and “our” refer to MUSCLE MOMMY. MUSCLE MOMMY operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). MUSCLE MOMMY is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 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 the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device, display settings, or configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they are depicted or rendered in our online store.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. MUSCLE MOMMY reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until MUSCLE MOMMY confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it. Because many of our products are made specifically for each order, we may be unable to accommodate changes or cancellation requests once an order has entered production.
If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.
Purchases are subject to our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be shown in your order confirmation.
Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, or import charges.
We may occasionally offer promotions that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between promotion terms and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for purchases made through our store and to promptly update your information as necessary.
You represent and warrant that payment information you provide is true, correct and complete, that you are authorized to use the payment method provided, and that you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.
SECTION 5 - SHIPPING AND DELIVERY
Orders may require processing and production time before shipment. Estimated processing and delivery times are provided for convenience and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs processing, incorrect or incomplete shipping information supplied by the customer, weather, or other events outside our reasonable control.
Please refer to our Shipping Policy for additional information regarding processing, shipping, and delivery.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brand names, text, displays, images, graphics, product reviews, video, audio, designs, logos, and the selection and arrangement thereof, are owned by MUSCLE MOMMY, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property belonging to MUSCLE MOMMY, Shopify, or any third party.
MUSCLE MOMMY’s names, logos, product and service names, designs, and slogans are trademarks or intellectual property of MUSCLE MOMMY or its affiliates or licensors. They may not be used without prior written permission.
Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. Other names, logos, product and service names, designs, and slogans appearing through the Services are the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided access to tools offered by third parties as part of the Services, which we neither monitor nor control.
You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties, representations, conditions, or endorsement of any kind. We shall have no liability arising from or relating to your use of optional third-party tools.
Your use of optional tools is entirely at your own risk and discretion. You should ensure that you understand and approve of the terms under which those tools are provided.
We may offer new features, tools, or resources through the Services in the future. Such features will also be considered part of the Services and subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.
We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you leave our Services to access third-party materials or websites, you do so at your own risk.
We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content available through third parties.
Please review third-party policies and practices carefully before engaging in a transaction with them.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
MUSCLE MOMMY is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made through our store are made directly with MUSCLE MOMMY.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and MUSCLE MOMMY, including injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with MUSCLE MOMMY.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy and, where applicable, Shopify’s Privacy Policy.
Because our Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve those Services.
Information submitted through the Services may be transmitted to and shared with Shopify and other service providers, including providers located in countries other than the country where you reside, as necessary to provide the Services.
Please review the Privacy Policy available on our website for additional information about how personal information is collected, used, and shared.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for purposes including operating, improving, and promoting the Services.
You represent and warrant that you own or have the necessary rights to your Feedback, have disclosed any compensation or incentives received in connection with it, and that your Feedback complies with these Terms.
We have no obligation to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.
We may monitor, edit, or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene, infringes intellectual property rights, or otherwise violates these Terms.
You are solely responsible for the Feedback you submit and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted, to the extent permitted by applicable law.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not use the Services to violate applicable laws or regulations; infringe intellectual property or other rights; harass, abuse, threaten, defame, or harm others; transmit false or misleading information; distribute spam or malicious software; impersonate another person or entity; improperly collect personal information; interfere with the security or operation of the Services; or otherwise misuse the Services.
You may not reproduce, duplicate, copy, sell, resell, scrape, extract, or exploit portions of the Services except as expressly permitted by us.
We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.
SECTION 14 - AGENTS
This section applies if you use or enable software or services that take autonomous or semi-autonomous actions on your behalf (“Agents”) to access or interact with the Services.
Agents may access or interact with the Services only in accordance with applicable requirements and restrictions. We may use technical measures to limit whether and how Agents access or interact with the Services.
Agents must accurately identify themselves where required and may not conceal automated activity, circumvent CAPTCHAs or other access controls, misrepresent themselves as human users, or circumvent measures designed to restrict automated access.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any portion thereof, in our discretion as permitted by applicable law. You remain responsible for amounts due through the effective date of termination.
Provisions that by their nature should survive termination will remain in effect following termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
Information presented through the Services is provided for general informational purposes. We do not warrant its accuracy, completeness, or usefulness.
EXCEPT AS EXPRESSLY STATED BY MUSCLE MOMMY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MUSCLE MOMMY AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless MUSCLE MOMMY, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal fees arising from your breach of these Terms, violation of applicable law or third-party rights, or misuse of the Services.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law and the unenforceable portion will be deemed severed from these Terms.
Such determination will not affect the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and the policies or operating rules posted through our Services constitute the entire agreement and understanding between you and us regarding your use of the Services and supersede prior or contemporaneous agreements and communications concerning the Services.
SECTION 21 - ASSIGNMENT
You may not transfer or assign these Terms or your rights or obligations under them without our prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services will be governed by and construed in accordance with applicable laws in the jurisdiction where MUSCLE MOMMY is headquartered, without limiting any consumer rights that cannot legally be waived.
SECTION 23 - HEADINGS
Headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service on this page.
We reserve the right to update, change, or replace portions of these Terms by posting updates to our website. When required by applicable law, we will provide notice of material changes.
Your continued use of or access to the Services after changes become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service may be sent to:
MUSCLE MOMMY
Email: support@musclemommy.fit
Website: musclemommy.fit