Terms of Service

OVERVIEW

This website is operated by Moon Men LLC. Throughout the site, the terms “we”, “us” and “our” refer to Moon Men LLC. Moon Men LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site or purchasing something from us on our site, you engage in our “Service” and agree to be bound by the following terms and conditions, including the information contained in any pages hyperlinked or otherwise incorporated herein (“Terms of Service” or “Terms”).

SECTION 1 – PRODUCTS AND SERVICES

This Service provides certain information and provides a way for you to purchase our products. The information provided by the Service is for general information only, may not be current, and should not be relied upon to make any decision to purchase or use our products. We encourage you to consult with authoritative sources of information, including your physician, before making any decision to use this Service or our products.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or any product on the Service.

This Service may indicate that certain products or services are currently available, but we cannot guarantee that we can fulfill your order. Although your order on this Service constitutes an enforceable contract, we may choose to cancel your order for a refund before shipping your order for any reason, in our sole discretion. You expressly agree that we may discharge our contractual duty on any order by either shipping the order or cancelling the order for a refund.

We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, in our sole discretion. Any quantitative amounts given for a product are approximations and you accept any potential variance when purchasing a product from this site. Any qualitative descriptions of a product are puffery and are not express warranties or conditions.

SECTION 2 – THIRD-PARTY SERVICES

This Service is not directed to those under the age of 21, and we do not knowingly collect personal information from anyone under the age of 21. By accessing or using this website in any way, you represent that you are at least 21 years of age. If you are a parent or guardian and believe that your child has provided us with personal information, please contact us, and we will comply with the requirements of the Children’s Online Privacy Protection Act of 1998.

SECTION 3 – LIMITATIONS ON USE

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

You may not use our products or Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You are prohibited from purchasing our products if those products are illegal in your jurisdiction.

You may not purchase any product offered on this website or through this Service for another person. All products that you purchase from this Service must be only for yourself personally. You are prohibited from purchasing any products offered on this website or Service if you have any medical conditions, are pregnant, nursing, or if you are taking prescription medications, have any existing mental health issues, or if you have a family history of mental illness.

THE INFORMATION OR STATEMENTS ON THIS WEBSITE AND PRODUCTS OFFERED ON THIS WEBSITE HAVE NOT BEEN EVALUATED OR APPROVED BY THE FOOD AND DRUG ADMINISTRATION (FDA). THE PRODUCTS OFFERED ON THIS WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

The products offered through this Service are experimental and should not be used unless recommended by your physician. This product should be used only as directed on the label and used only if recommended by a physician.

You must keep any products purchased on this website or through this Service out of reach of children and pets. In case of accidental ingestion or overconsumption, contact the National Poison Control Center hotline 1-800-222-1222 or call 9-1-1.

We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

SECTION 4 – INCORPORATION OF PRIVACY POLICY, RETURN POLICY, AND
SHIPPING INFORMATION

The terms and conditions contained in our privacy policy, return policy, and shipping information are hereby incorporated by reference as if fully set forth herein.

SECTION 5 – DISPUTE RESOLUTION

Any disputes arising from or related to your use of this website or Service will be resolved through binding arbitration, rather than in court. Both parties agree to arbitrate all claims, except for claims that are brought in small claims court. The arbitration will be conducted in accordance with the rules of the American Arbitration Association, and the decision of the arbitrator will be final and binding. BY USING THIS WEBSITE, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND AGREE TO RESOLVE DISPUTES THROUGH ARBITRATION.

These Terms of Service and any disputes arising from or related to these Terms of Service shall be governed by the laws of the State of Florida without regard to its conflict of law principles.

Any action in small claims court or in any other court if this arbitration agreement is deemed unenforceable, any action to enforce this arbitration agreement, and any action to confirm or enforce any arbitration award shall be brought only in the courts located in Broward County, Florida. You expressly waive your right to bring any action related to this Service or these Terms of Service in any court other than those located in Broward County, Florida.

In any proceeding (including but not limited to proceedings to compel arbitration, the arbitration itself, any proceedings to confirm or enforce an arbitration award, and any appeals) arising out of or related to our Service or these Terms of Service, the prevailing party shall be entitled to recover from the non-prevailing party all of the prevailing party’s attorney’s fees and costs (regardless of whether the amount of those fees is reasonable), including for litigating both entitlement to and the amount of the attorney’s fees and costs. It is expressly agreed that if you bring a claim against us, we will be the prevailing party and entitled to recover our attorney’s fees and costs pursuant to this attorney’s fees provision if we offered to settle your claim for an amount more than you ultimately recovered by judgment or arbitration award, exclusive of interest, attorney’s fees, and costs.

SECTION 6 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

This Service and all products sold through the Service are provided “as is,” without any representations or warranties of any kind, either express or implied. WE HEREBY EXPRESSLY DISCLAIM THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

You expressly agree that your use of, or inability to use, the Service or any products sold through the Service is at your sole risk. You expressly assume the risk of all of your activities in relation to the Service or the products sold through the Service.

Moon Men LLC and its members, managers, directors, officers, employees, affiliates, and agents shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. If this limitation of liability provision is deemed unenforceable, our liability shall be limited to the maximum extent permitted by law.

SECTION 7 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Moon Men LLC and its members, managers, directors, officers, employees, affiliates, and agents from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

SECTION 8 – SEVERABILITY

We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service. You can review the most current version of the Terms of Service at any time at this page. It is your responsibility to check our website periodically for changes. Your continued use of/or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 9 – CHANGES TO TERMS OF SERVICE

SECTION 10 – MISCELLANEOUS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

SECTION 11 — SUBSCRIPTION SERVICES

Customers residing in the 50 United States, the District of Columbia, (“United States”), or any U.S. Territory where state laws permit may subscribe to receive monthly or bi-weekly Moon Men LLC products. This includes subscriptions at the product level as well as subscriptions at the cart level. Moon Men LLC offers different recurring payment options to subscribe to products: (1) an automatically billed every-two-weeks subscription (“Bi-Weekly Membership”), and (2) an automatically billed monthly subscription (“Monthly Membership”).

The Moon Men LLC cart subscriptions contain customer-defined product groups. The contents of each of the Cart subscriptions may vary from customer to customer.

By purchasing a Bi-Weekly Subscription, you agree to an initial and recurring Bi-Weekly Subscription fee at the then-current Bi-Weekly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. Once you subscribe, Moon Men LLC will automatically process your Bi-Weekly Subscription fee in the next billing cycle. Moon Men LLC will continue to automatically process your Bi-Weekly Subscription fee every 2nd week at the then-current Bi-Weekly Subscription rate, until you cancel your subscription.

By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. Once you subscribe, Moon Men LLC will automatically process your Monthly Subscription fee in the next billing cycle. Moon Men LLC will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate until you cancel your subscription.

You may cancel your Bi-Weekly Subscription or Monthly Subscription at any time by logging into your account, clicking on (My Account → Subscriptions→ View → Cancel), and following the cancellation procedures described. If for some reason you are unable to cancel by logging into your account, please contact us at https://moonmenllc.com/contact. If you cancel your Monthly Subscription 2 weeks before the next billing cycle, the cancellation will take effect before your next monthly billing cycle. If you cancel with less than 2 weeks left before the billing cycle, you will not be eligible for a refund for Monthly Subscription fees paid prior to the month the cancellation takes effect.

Subscription fees are non-refundable. You may cancel your Subscription renewal at any time after you are billed for the then-current period and before you are billed for the next billing cycle, by logging into your account, and following the instructions provided above.