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Mood Mod Terms & Conditions

Welcome to the www.moodmod.co website (the “Website”), which is provided by or on behalf of Mood Mod LLC (“Seller”, “MM”, “us”, “our” and “we”). These terms and conditions of use (these “Terms”) govern your use of the Website (including all information, resources, content and tools provided thereon) and all purchases made through the Website. If you disagree with any part of these terms and conditions, please do not use the Website or make any purchases thereon.

For purposes of these Terms, “you” or “your” means you as a user of the Website and/or purchaser of Goods.

PLEASE READ THESE TERMS CAREFULLY. SECTION 18 CONTAINS AN AGREEMENT TO ARBITRATE. THIS REQUIRES THAT YOU SUBMIT CLAIMS TO BINDING ARBITRATION RATHER THAN A JURY TRIAL, AND LIMITS YOUR ABILITY TO PURSUE CLASS ACTIONS.

1. GENERAL

We may change these Terms at our discretion at any time. Continued use of the Website after changes are posted constitutes acceptance of the new Terms.

2. PRIVACY

Please review our Privacy Policy at https://moodmod.co/pages/privacy-policy. By using the Website, you consent to our data practices as outlined therein.

3. YOUR ORDER

The purchase of merchandise is strictly limited to individuals 18 years of age and older.

  • Registration: You must provide real details (name, email, date of birth).

  • Personal Use Only: You cannot resell items offered on the Website. MM reserves the right to cancel orders suspected of intent to resell.

  • Cancellations: Orders cannot be cancelled once an acceptance email is sent.

4. PRICE & PAYMENT

  • Currency: All prices are in U.S. Dollars (USD).

  • Verification: You authorize a $1.00 authorization charge for payment verification, which will be refunded.

  • Processors: We use a secure Payment Processor. MM does not store your credit card details.

5. DELIVERY

  • Estimates: Delivery dates are estimates and are not guaranteed.

  • Processing: Typically 1-2 business days. Cutoff is 12 PM PST.

  • Risk of Loss: Responsibility passes to you once the shipping carrier (USPS, UPS, FedEx, etc.) takes possession of the Goods.

6. RETURNS AND EXCHANGES

  • Drink/Food Goods: Contact info@moodmod.co within 30 days of delivery for returns.

  • Clothing: No returns/refunds unless damaged (photo proof required). We offer exchanges only within 30 days for unworn/unwashed items. Shipping charges apply.

  • Samples: Not eligible for return.

7. SUBSCRIBE AND SAVE (AUTOMATIC RENEWAL)

If you purchase a Subscription, it will automatically renew for additional periods of the same duration.

  • Cancellation: To avoid recurring charges, cancel by the last day of your Billing Period via info@moodmod.co.

8. WEBSITE USE & INTELLECTUAL PROPERTY

All content, including the “Mood Mod” name and logos, are the intellectual property of MM. You are granted a limited right for personal use only. You may not:

  • Use automated means (bots) to access the site.

  • Reverse engineer or commercialize Website content.

  • Transmit viruses or destructive files.

9. HEALTH & ALLERGEN DISCLAIMERS

Disclaimer Type Policy Details
FDA Evaluation Statements regarding Goods have not been evaluated by the FDA. Products are not intended to diagnose, treat, cure, or prevent any disease.
Medical Advice Content is for informational purposes and is not medical advice. Consult a physician before use, especially if pregnant, nursing, or taking medication.
Allergens Facilities handle wheat, egg, soy, milk, tree nuts, peanuts, fish, and shellfish. Cross-contamination may occur.

10. LIMITATION OF LIABILITY

MM provides the Website and Goods on an "as is" and "as available" basis. To the maximum extent permitted by law:

  • MM's total liability will not exceed the amount you paid for products in the last six (6) months.

  • MM is not liable for indirect, incidental, or consequential damages.

11. TERMINATION OF USE

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Website will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

12. GOVERNING LAW

This Website is controlled by Mood Mod from our offices located in Northridge, California USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Northridge, California USA, by accessing our Website, you agree that the statutes and laws of Northridge, California USA without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of any products or services through this Website.

13. ARBITRATION

Mindful of the costs and burdens associated with legal disputes, not only in dollars but also in time and energy, both you and Mood Mod agree to the following informal dispute resolution procedure before you or Mood Mod may initiate arbitration. In the event of any dispute with Mood Mod, you agree to first contact us via email at hello@moodmod.co and attempt to resolve the dispute with us informally. The notice you send must include all the following information:

  1. Contact information (including name, address, email address, and telephone number);

  2. A detailed description of the nature and basis of the dispute and any claims;

  3. A detailed description of the relief sought, including a good faith calculation for it; and

  4. Information sufficient to identify any account and transaction at issue.

The notice must be personally signed by the party asserting the dispute (and counsel, if represented). In the unlikely event that Mood Mod has not been able to resolve a dispute it has with you after ninety (90) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with these Terms or your use of the Website, shall be finally settled in accordance with the Rules of the Judicial Arbitration and Mediation Service (“JAMS”) in accordance with such Rules. To the extent the JAMS streamlined rules are available – they shall apply. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. To the extent a claim cannot legally be arbitrated (as determined by an arbitrator), the jurisdiction and venue for actions related to the subject matter hereof shall be the state and United States federal courts located in Los Angeles, California and both parties hereby submit to the personal jurisdiction of such courts.

Mass Action Waiver

Notwithstanding anything to the contrary in this Section 18, the parties agree that the relative benefits and efficiencies of arbitration may be lost when 50 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). You and Mood Mod expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action. An arbitrator or arbitration provider shall not have any authority to hear, arbitrate, or administer any Mass Action or to award relief to anyone but the individual in arbitration. Nothing in this provision, however, prevents you or Mood Mod from participating in a mass settlement of claims.

Mass Action Dispute Procedure

Notwithstanding any provision to the contrary in the JAMS Rules, if a dispute arises as to whether a party has filed a Mass Action in violation of this Mass Action waiver, an arbitrator shall be empowered to resolve only such disputes. Such a dispute may be raised by either party with the arbitrator or arbitration provider within 15 days of its arising. If the arbitrator determines that a party has violated this Mass Action waiver, the parties shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator’s decision. For the avoidance of doubt, the ability to opt out of arbitration described in this Section only applies if the arbitrator determines that you have violated the Mass Action waiver.

Batching

If a Mass Action is filed and neither party exercises its right to opt out of arbitration, the parties shall group the arbitration demands into batches of no more than 100. The batches will be determined by the claimants’ state of residence and then alphabetically by last name (or business name). The parties will randomly assign each batch a sequential number, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch will be treated as one case with one appointed arbitrator and one set of administrative fees per batch.

Note: Nothing in this section shall be deemed as preventing Mood Mod from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights. 

14. FORCE MAJEURE

Mood Mod is not responsible for delays or failures to perform its responsibilities due to causes beyond its control, including but not limited to acts of God, acts of government, flood, fire, earthquakes, tornadoes, civil unrest, acts of terror, pandemics, strikes or other labor problems, computer, telecommunications, internet service provider or hosting facility failures or delays involving hardware, software or power systems, malicious code, denial of service attacks, and inability to obtain energy.

15. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Mood Mod governing your access and use of the Website, and supersede any prior agreements between you and Mood Mod with respect to the Website. You may not assign these Terms without the prior written consent of Mood Mod, but Mood Mod may assign or transfer these Terms, in whole or in part, without restriction.

16. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the Website from California 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:

  • Via Email: hello@moodmod.co

  • In Writing: 8600 Wilbur Ave Northridge CA 91324

You may contact us at: Mood Mod LLC [8600 Wilbur Ave Northridge CA 91324] hello@moodmod.co

17. CONTACT US

Questions? Concerns? Suggestions? Please contact us at hello@moodmod.co to report any violations of these Terms or to pose any questions regarding these Terms, the Website or any Goods.

Disclaimer: These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.