Terms of service
OVERVIEW
Welcome to Mindful Madre! The terms “we,” “us,” and “our” refer to Mindful Madre. Mindful Madre operates this store and website, including all related information, content, features, tools, products, and services in order to provide you with a curated shopping experience (the “Services”). Mindful Madre is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, 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 carefully. They include important information about your legal rights, including 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, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that 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, you may be asked to provide certain information, such as your email address and payment information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We make every effort to describe our products accurately. However, we do not warrant that any product will meet your expectations in every respect, or that digital files will display identically on every device.
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.
Digital products and license Many of our products are digital downloads (such as PDF guides). When you purchase a digital product, you receive a limited, non-exclusive, non-transferable license for personal and household homeschool use only.
You may not:
- resell, redistribute, or commercially exploit the files;
- share, upload, or post the files publicly or privately for others to download;
- claim ownership of the content; or
- use the materials beyond personal/homeschool use without our prior written permission.
Purchase does not transfer copyright or other intellectual property ownership.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Mindful Madre reserves the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance and payment has been processed.
Please review your order carefully before submitting. For digital products delivered immediately after purchase, cancellation may not be possible once the order is accepted.
If we do not accept, change, or cancel an order, we will attempt to notify you using the contact information provided at checkout.
Your 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 will be the price in effect when the order is placed and will appear in your order confirmation.
Unless expressly stated, posted prices do not include applicable taxes.
From time to time we may offer promotions governed by separate terms. If those terms conflict with these Terms, the promotion terms will govern for that promotion.
You agree to provide current, complete, and accurate purchase and payment information, and to update it as needed so we can complete your transactions and contact you.
You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use that payment method; (iii) charges will be honored by your payment provider; and (iv) you will pay all charges incurred, including applicable taxes.
SECTION 5 – DIGITAL DELIVERY
Digital products are typically delivered by download and/or email after payment is successfully processed. Delivery times may vary. You are responsible for providing a valid email address and for retaining access to your files after download.
We are not responsible for delays or delivery issues caused by incorrect contact information, spam filters, or circumstances outside our reasonable control.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services—including trademarks, brands, text, images, graphics, video, audio, and the design and arrangement thereof—are owned by Mindful Madre, its affiliates, or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only, subject to the digital product license in Section 2. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download (except as provided for purchased digital products), store, or transmit materials from the Services without our prior written consent, except as expressly allowed in these Terms.
Mindful Madre’s names, logos, product and service names, designs, and slogans are trademarks of Mindful Madre or its licensors. You must not use them without prior written permission. Shopify’s name, logo, and related marks are trademarks of Shopify. All other marks are the property of their respective owners.
SECTION 7 – THIRD-PARTY LINKS
The Services may contain links or materials from third parties. We are not responsible for examining or evaluating third-party content, websites, products, or services. Access to third-party sites is at your own risk. Complaints regarding third-party products or services should be directed to the third party.
SECTION 8 – RELATIONSHIP WITH SHOPIFY
Mindful Madre is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Mindful Madre. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Mindful Madre, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Mindful Madre.
SECTION 9 – PRIVACY POLICY
Personal information we collect through the Services is subject to our Privacy Policy. Certain information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Information you submit may be transmitted to and shared with Shopify and third parties, including in countries other than where you reside, in order to provide the Services. Review our Privacy Policy for more detail.
SECTION 10 – FEEDBACK
If you submit ideas, suggestions, feedback, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any purpose, including commercial use.
You represent that you have the rights to submit the Feedback and that it complies with these Terms. We are under no obligation to keep Feedback confidential, pay for it, or respond to it. We may remove Feedback that we determine is unlawful, offensive, or otherwise objectionable, or that violates these Terms or others’ rights.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, or availability. We reserve the right to correct errors and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted an order).
SECTION 12 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services to: (a) engage in unlawful or malicious activity; (b) violate any applicable law; (c) infringe our or others’ intellectual property rights; (d) harass, abuse, defame, or harm any person; (e) transmit false or misleading information; (f) send spam or similar solicitations; (g) impersonate any person or entity; or (h) interfere with others’ use of the Services.
You also agree not to: upload or transmit viruses or malware; copy, scrape, or exploit any portion of the Services without authorization; collect personal information of others; or bypass security or access controls. We may suspend or terminate access if we determine you have violated these Terms.
SECTION 13 – TERMINATION
We may terminate this agreement or your access to the Services at any time, without notice, in our sole discretion. You remain liable for amounts due up to and including the date of termination.
Provisions that by their nature should survive termination will survive, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, and Privacy Policy.
SECTION 14 – DISCLAIMER OF WARRANTIES
The information on the Services is provided for general information purposes. We do not warrant its accuracy, completeness, or usefulness. Reliance on such information is at your own risk.
EXCEPT AS EXPRESSLY STATED BY MINDFUL MADRE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
SECTION 15 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, MINDFUL MADRE AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS—AND THOSE OF SHOPIFY AND ITS AFFILIATES—SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR SIMILAR DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Mindful Madre, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims (including reasonable attorneys’ fees) arising out of (1) your breach of these Terms, (2) your violation of any law or third-party rights, or (3) your use of the Services.
SECTION 17 – SEVERABILITY
If any provision of these Terms is found unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the remainder of the Terms shall continue in effect.
SECTION 18 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any provision of these Terms is not a waiver of that provision.
These Terms, together with any policies or rules posted on the site, constitute the entire agreement between you and us regarding the Services and supersede prior agreements or communications relating to the same subject matter.
SECTION 19 – ASSIGNMENT
You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without notice or consent.
SECTION 20 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict-of-law principles. You and Mindful Madre consent to venue and personal jurisdiction in the state or federal courts located in Arizona.
SECTION 21 – HEADINGS
Headings are for convenience only and do not affect interpretation of these Terms.
SECTION 22 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page.
We reserve the right to update or replace any part of these Terms by posting changes to our website. Material changes will be effective on the date specified when posted, in accordance with applicable law. Continued use of the Services after changes are posted constitutes acceptance of those changes.
SECTION 23 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
Mindful Madre Email: hello@themindfulmadre.com Based in Arizona.