Terms of Service
TERMS OF SERVICE
Last Updated: June 20, 2021
Welcome to Oh My, Millie! (www.ohmymillie.com), an on-line e-commerce platform for pet lovers everywhere (the ”Site”). The Site is operated by Oh My, Millie! (the “Company,” “we,” or “us”).
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND OH MY MILLIE! THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
1. Agreement to Terms
By accessing or using our Site you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms of Service, do not use the Site.
2. Collection of Customer Data
If you wish to purchase products from the Site or obtain information regarding the Services, us or our e-commerce provider will obtain contact and payment information from you (“Customer Data”). Certain payment and processing options may direct you away from the Site to a third-party site.
You agree by providing Customer Data: (i) to these Terms of Service; (ii) to provide true, accurate, current and complete Customer Data; (iii) to maintain and promptly update the Customer Data to keep it true, accurate, current and complete; (iv) for security reasons, to maintain the confidentiality of Customer Data; (vi) to ensure that you properly exit from your account at the end of each session and to immediately notify Company of any unauthorized use of your account or any other breach of security; and (vii) to take full responsibility for all activities that occur under any customer account created for your use.
Company is not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or to which you do not have rights, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). By submitting your checkout data, you grant Company a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with Company's performance of the Services for you.
3. Changes to these Terms or Services
These Terms are effective as of the date posted above, and we may update the Terms from time to time in our sole discretion. If we do, we will post the amended terms on the Site and such terms shall be effective for all use of the Site and Services once they are posted. Your continued access of the Site and/or use of the Services provided on the Site following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. It’s important that you review the Terms whenever we update them or you use the Services. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services?
You represent and warrant that you are 18 years of age or older, and capable of forming a binding contract with Oh My, Millie!, and not otherwise barred from using the Services under applicable law. For certain features of the Services, you will need an account. It is important that you provide us with accurate, complete and current account information and keep this information up to date. If you do not, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You are responsible for all activities that occur under your account, including, without limitation, all purchase transactions.
5. Oh My Millie Products
a) General: Through the Services, we provide the Oh My, Millie! Shop (“the Shop”) where you can buy products offered for purchase by the Shop (each a “Product”). An “Order” is the order you place for a Product through the Shop.
b) Product Purchasing: Every effort has been made to display as accurately as possible the colors and images of the Products. We cannot guarantee that your computer monitor's display of any color will be accurate. All Products descriptions are subject to change at any time without notice, in our sole discretion. Any Product may be discontinued at any time. Any offer for any Product made via the Company Shop is void where prohibited
i) Ordering and Payment. By placing an Order via the Shop, you agree: (i) that Company may, directly or through a third-party payment processor, charge the credit card, debit card or other payment method you have chosen for your purchase for the total amount of your Order (including any applicable taxes, shipping and handling fees) for verification, pre-authorization and payment purposes; and (ii) to bear any additional charges that your bank or other financial service provider may levy on you.
ii) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER-NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY E-MAILING email@example.com
iii) When your Order is accepted via the Shop you will be sent an email which will include the details of your Order and an Order number that you should refer to if you have any questions regarding your Order.
iv) We reserve the right to not process or reject your Order in certain circumstances, for example, if your payment method is declined, if we suspect the Order is fraudulent, or in other circumstances Company deems inappropriate in its sole discretion. We may also limit the Order quantity, extend the delivery timeline for any reason after an Order has been placed and accepted, and/or refuse to ship a Product to you for any reason.
c) Resale Prohibition: The Services are intended solely for the sale of our Products direct to end consumers, and therefore the purchase of our Products for resale is strictly prohibited. Purchase for resale means the purchase of a Product by someone that resells, or intends to resell, such Product to others (e.g., consumers, businesses or any third party). If we believe you are involved in purchase for resale, we reserve the right to take any action against you, including, without limitation, to restrict the sales of our Products to you, cancel your orders, and/or suspend or terminate your account.
d) Prices and Taxes: All prices for the Products displayed via the Shop are in U.S. dollars and are subject to change at any time without notice. The prices displayed do not include shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you at check out before you place an Order and you are responsible for paying such charges and taxes to Company.
Should the prices change after you purchase any of our Products, notify us within ten (10) days of the date of your purchase (the “Time Period”) and we will credit you, towards a future Product, the difference between the price you paid for the Product(s) and our current price (the “Differential”). Please note that any of the Company’s promotions or sales are for a limited time only as specified on our Site and, as such, you must notify us within the Time Period to obtain the Differential. Should you not do so, we are unable to provide the Credit.
e) Returns: All Shop products are not returnable and are nonrefundable. By placing an order at the Shop, you therefore acknowledge and consent to this policy.
6. User Content, Feedback, and Other Submissions
If, at our request, you provide creative ideas, suggestions, proposals, plans, or other materials for future Shop products, whether online, by email, by postal mail, or otherwise (collectively, “Content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you forward to us without your consent. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
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 represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your Content under these Terms. You represent and warrant that neither your Content, nor your use and provision of your Content to be made available through the Services, nor any use of your Content by Oh My, Millie! on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
By making any Content available through the Services you hereby grant to Company a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your Content in connection with operating and providing the Services.
You are solely responsible for any Content you make and their accuracy. We take no responsibility and assume no liability for any Content you provide to us. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
Further, by providing us with a photograph, comment, e-mail, or any other content that shows you wearing our Product(s) or providing positive reviews concerning our Products (the “Content”), you consent to our sharing your photographs, likeness, comment, e-mail or any other Content on our Site or as promotional material for the Company. We are and shall be under no obligation (1) to keep your Content in confidence; (2) to pay compensation for your Content; or (3) to respond to any Content.
7. Warranty Disclaimer
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which users gain access to the Services; what Content you access via the Services; or how you may interpret or use Content. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING OUR PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, officers, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your violation of these Terms of Service or infringement by you or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Additionally, you acknowledge that you are the rightful owner of the artwork you provide us for any custom services and products offered by our Site and our Shop. As such, you agree to indemnify, hold harmless, and defend us, our affiliates each of our and their respective employees, contractors, directors, officers, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to the use, right, and title to use the artwork which you provide us for any custom service and product.
Further, you agree that you do not own the image of the artwork that We produce for any custom service. As such, you consent to allow the Company, its affiliates, successors, suppliers, and vendors to use such artwork for other purposes, including but not limited to, marketing, advertising, as well as creating, developing, distributing, and selling additional Oh My, Millie! Products.
9. Limitation of Liability.
- a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR ANY PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OH MY MILLIE OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH ANY THIRD-PARTY SELLERS OR OTHER USERS EXCEED (A) THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO COMPANY FOR USE OF THE SERVICES OR FOR ANY PRODUCTS, OR (B) ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COMPANY, AS APPLICABLE.
- c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
- Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Florida, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 11 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Company are not required to arbitrate will be the state and federal courts located in the Broward County, Florida, and you and Company each waive any objection to jurisdiction and venue in such courts.
10. Dispute Resolution
- a) Mandatory Arbitration of Disputes: We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Company agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Company each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
- b) Exceptions: As limited exceptions to Section 18(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
- c) Conducting Arbitration and Arbitration Rules: The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
- d) Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- e) Injunctive and Declaratory Relief: Except as provided in Section 18(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
- f) Class Action Waiver: YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
- g) Effect of Changes on Arbitration: Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Company changes any of the terms of this Section 18 “Dispute Resolution” after the date you most recently accepted these Terms, you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Oh My Millie in accordance with the terms of this Section 18 “Dispute Resolution” as of the date you most recently accepted these Terms.
- h) Severability: With the exception of any of the provisions in Section 18(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
11. Oh My Millie is a registered trademark of Mel’s Art, LLC.