Terms of service

Overview

This website is operated by MooshUSA LLC, doing business as "Moosh" ("Moosh," "we," "us," or "our"). Throughout the site, the terms "we," "us," and "our" refer to MooshUSA LLC. We offer this website, including all information, tools, products, 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, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service" or "Terms"), including the additional terms, conditions, and policies referenced in this document or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, wholesale buyers, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any of our services.

Any new features, products, or tools added to the current store are also subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 — Online Store Terms

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, 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.

You may not use our products 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 must not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of these Terms will result in an immediate termination of your access to the Service.

Section 2 — General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, not including payment card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks.

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.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 — Products and Pricing

Certain products may be available exclusively online through the website. These products may have limited quantities.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. Because our products are food items made in small batches, the exact color, texture, and appearance of the product you receive may vary slightly from the images shown. Natural variation in pistachios and other ingredients can affect color and consistency from batch to batch. This variation does not constitute a defect.

All descriptions of products and 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. Any offer for any product or service made on this site is void where prohibited.

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 of it, without notice.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 4 — Food Products, Allergens, and Assumption of Risk

Our products are food items intended for human consumption. By purchasing and consuming our products, you acknowledge and agree to the following.

Our products contain or may contain common allergens, including pistachios and other tree nuts, wheat, milk, sesame, and soy. Our products are made in a facility that handles tree nuts, wheat, milk, sesame, and soy, and may contain traces of other allergens. If you have a food allergy or sensitivity, you are responsible for reviewing the ingredient and allergen information on the product label before purchasing and consuming the product. Do not consume the product if you are allergic or sensitive to any listed or potentially present ingredient.

You are responsible for reading all labels, ingredient lists, and allergen statements provided with the product before use or consumption. The information on our website is provided as a general guide. The product label is the authoritative source for ingredient, allergen, and storage information.

Our products are intended to be stored at room temperature as described on the label and in our Shipping Policy. You assume responsibility for proper storage after delivery.

To the fullest extent permitted by law, you assume all risk associated with the consumption of our products, including risk related to allergens and individual dietary needs.

Section 5 — Orders, Billing, and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment card, or orders that use the same billing or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors, except where a wholesale relationship has been established with us in writing.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment card information, so that we can complete your transactions and contact you as needed.

Section 6 — Shipping, Delivery, and Risk of Loss

Shipping terms, timeframes, and conditions are described in our Shipping Policy, which is incorporated into these Terms by reference. Title and risk of loss for products pass to you upon our delivery of the products to the carrier. We are not responsible for carrier delays, or for damage caused by conditions outside our control after the product leaves our facility, including heat or temperature-related damage during transit, except as described in our Refund and Return Policy.

Section 7 — Returns and Refunds

Returns, refunds, and exchanges are governed by our Refund and Return Policy, which is incorporated into these Terms by reference. Because our products are perishable food items, returns are limited as described in that policy.

Section 8 — Intellectual Property and Trademarks

All content on this site, including text, graphics, logos, images, product photography, packaging design, and the "Moosh" name and marks, is the property of MooshUSA LLC or its content suppliers and is protected by United States and international intellectual property laws. You may not use, reproduce, or distribute any of this content without our express written permission.

The "Moosh" name, logo, and brand elements are trademarks of MooshUSA LLC. Nothing on this site grants you any license or right to use any of our trademarks without our prior written consent.

Section 9 — Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations, or conditions of any kind and without any endorsement. We have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party providers.

Section 10 — Third-Party Links

Certain content, products, and services available through our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 11 — User Comments, Reviews, Feedback, and Submissions

If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, reviews, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and will be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. Any product reviews you submit must reflect your honest, genuine experience with the product. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 12 — Personal Information

Your submission of personal information through the store is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Section 13 — Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order. We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law.

Section 14 — Prohibited Uses

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 15 — Disclaimer of Warranties and Limitation of Liability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are, except as expressly stated by us, provided on an "as is" and "as available" basis for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall MooshUSA LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

Section 16 — Indemnification

You agree to indemnify, defend, and hold harmless MooshUSA LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless 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 the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 17 — Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 18 — Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our services.

Section 19 — Entire Agreement

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. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including but not limited to any prior versions of the Terms of Service. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 20 — Governing Law and Dispute Resolution

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Texas and the United States, without regard to conflict of law principles. You agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be brought exclusively in the state or federal courts located in Collin County, Texas, and you consent to the personal jurisdiction and venue of those courts.

Section 21 — Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. 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 22 — Contact Information

Questions about the Terms of Service should be sent to us at info@mooshusa.com.

MooshUSA LLC

8176 FM 2478, Building 1 Suite D, McKinney, TX 75071

info@mooshusa.com