Terms of Service

Terms of Service

OVERVIEW:

Welcome to MitraCart.com. MitraCart Inc and its affiliates ("MitraCart") provide website features, products, and services to you when you visit or shop at MitraCart.com, use MitraCart products or services, use MitraCart mobile applications, or use the software provided by MitraCart in connection with any of the aforementioned (collectively, "MitraCart Services"). By using the MitraCart Services, you agree to the following conditions.

PRIVACY

Please review our Privacy Notice, which also governs your use of MitraCart Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use MitraCart Services or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through other MitraCart Services, such as our Message Center. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any MitraCart Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MitraCart or its content suppliers and is protected by United States and international copyright laws. The compilation of all content included in or made available through any MitraCart Service is the exclusive property of MitraCart and is protected by U.S. and international copyright laws.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, MitraCart or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the MitraCart Services. This license does not include any resale or commercial use of any MitraCart Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any MitraCart Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by MitraCart or its licensors, suppliers, publishers, rightsholders, or other content providers. No MitraCart Service, nor any part of any MitraCart Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from MitraCart. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MitraCart without express written consent. You may not use any meta tags or any other "hidden text" utilizing MitraCart's name or trademarks without express written consent from MitraCart. You may not misuse the MitraCart Services. You may use the MitraCart Services only as permitted by law. The licenses granted by MitraCart terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own MitraCart account to use certain MitraCart Services, and you may be required to be logged into the account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. MitraCart sells products for children, but sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the MitraCart Services only with the involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their MitraCart Household. Alcohol listings on MitraCart are intended for adults. You must be at least 21 years of age to purchase alcohol or use any site functionality related to alcohol. MitraCart reserves the right to refuse service, terminate accounts, terminate your rights to use MitraCart Services, remove or edit content, or cancel orders at its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MitraCart reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, unless we indicate otherwise, you grant MitraCart a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MitraCart and sublicensees the right to use the name you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MitraCart for all claims resulting from content you supply. MitraCart has the right but not the obligation to monitor and edit or remove any activity or content. MitraCart takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

MitraCart respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please use our contact form at [Contact Us](https://www.MitraCart.com/pages/contact) to report listings that you believe violate your intellectual property rights. We will investigate the matter.

RISK OF LOSS

All purchases of physical items from MitraCart are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS, AND TITLE

MitraCart does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, MitraCart does not take title to the refunded item.

DISCOUNT CODES, STORE CREDITS, AND GIFT CARDS

MitraCart provides store credits, discount codes, and gift cards to customers during promotional activities. While placing an order, customers can avail of only one option (either Discount Code or Store Credits or Gift Card). Under no circumstances can these options be combined.

Note: MitraCart reserves the right to add, alter, modify, change, or vary all or any of these terms and conditions or to replace them, in whole or in part, or to withdraw them altogether without any prior notice.

PRODUCT DESCRIPTIONS

MitraCart attempts to be as accurate as possible. However, MitraCart does not warrant that product descriptions or other content of any MitraCart Service is accurate, complete, reliable, current, or error-free. If a product offered by MitraCart itself is not as described, your sole remedy is to return it in unused condition.

PRICING

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on MitraCart and other retailers. Certain products may have a "Was Price" displayed, which is determined using the recent price history of the product on MitraCart.

With respect to items sold by MitraCart, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by MitraCart is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

SANCTIONS AND EXPORT POLICY

You may not use any MitraCart Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using MitraCart Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including MitraCart Software), technology, and services.

OTHER BUSINESSES

Parties other than MitraCart operate stores, provide services or software, or sell product lines through the MitraCart Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from MitraCart. We are not responsible for examining or

evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). MitraCart does not assume any responsibility or liability for the actions, products, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

To the maximum extent permitted by law, under no circumstances and under no legal theory (whether based in equity, contract, negligence, other tortious action, strict liability, or any other theory of liability) shall MitraCart, its officers, directors, employees, subsidiaries, or affiliated companies be liable for any direct, indirect, incidental, special, consequential, or punitive damages, such as, but not limited to, loss of revenue, loss of anticipated profits, goodwill, diminution of value, business interruption costs, or any other intangible losses (even if we have been advised of the possibility of such damages) arising out of, related to, caused by, or resulting in any way from: (1) the use of the services; (2) the inability to use the services; (3) modifications of or removal of any portion of the services, or the content offered therein; (4) these terms of use; (5) the accuracy, timeliness, performance, completeness, or suitability of any content or the services for any particular purpose; (6) defects in the content or the services; (7) errors, inaccuracies, or omissions in MitraCart’s content or the services; (8) damage from any security breach or any other security intrusion, or any virus, bugs, other malicious software or harmful components, tampering, interruption, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction. Furthermore, neither MitraCart nor its officers, directors, employees, subsidiaries, or affiliated companies shall be liable in any way for third-party products and services offered through the services. Moreover, MitraCart and its officers, directors, employees, subsidiaries, or affiliated companies shall not be liable for any damage to your computer, device, hardware, software, or other property arising out of, related to, caused by, or resulting in any way from access to or use of the services.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential incidental or other damages, so the above limitations may not apply to you. In these jurisdictions, MitraCart's liability will be limited to the maximum extent permitted by law.

DISPUTES

Any dispute or claim relating in any way to your use of any MitraCart Service, or to any products or services sold or distributed by MitraCart or through MitraCart.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

APPLICABLE LAW

By using any MitraCart Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MitraCart.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on this site. These policies also govern your use of MitraCart Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

No Spam: You must comply with all applicable "SPAM" laws. Emails must be created and distributed personally, and bulk email distribution is strongly discouraged. Any distribution of your referral link that constitutes unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from MitraCart's Refer-a-Friend program.

Right to Close Accounts: MitraCart reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Refer-a-Friend program in a questionable manner, breaches any of these Terms & Conditions, or violates any law, statute, or governmental regulation.

Right to Cancel Program or Change Terms: MitraCart reserves the right to cancel the Refer-a-Friend Program or change these Terms & Conditions at any time at its sole discretion. Any unclaimed referral rewards will be forfeited at that time.