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TERMS & CONDITIONS

General Terms and Conditions

This website is operated by Mud Pie, LLC. The terms “We”, “Us” and “Our” refer to Mud Pie, LLC. This website and the services connected with it are provided to you on the condition that you accept each of the terms and conditions, policies and notices set forth on this website (the “Terms and Conditions”). By visiting this website you expressly agree and consent to be bound by these Terms and Conditions. We reserve the right to update, modify, amend, replace or otherwise change these Terms and Conditions from time to time. It is your responsibility to check this page from time to time to review any changes. Your continued use of this website following the posting of any such changes constitutes your acceptance of such changes.

We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to modify, cancel or discontinue orders and/or services provided through this website at any time, for any reason and without notice. We shall not be liable to you or to any third-party for any cancellation, modification, discontinuance, suspension or price change associated with your order and/or the services provided through this website. Prices for products on this website are subject to change without notice. We reserve the right to cancel your order or any services provided through this website due to pricing errors, inventory discrepancies or software system discrepancies. We reserve the right to limit or cancel quantities purchased per person, per household or per order, or orders to a particular geographic region.

You agree to indemnify, defend, and hold Us harmless from any injury, from any loss, claim, or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Disclaimer

We strive to partner with suppliers that are committed to quality in all aspects of their products’ manufacture.  Some products carry warranties from their third-party manufacturers that may be transferable to you.  SINCE WE DO NOT MANUFACTURE PRODUCTS, WE PROVIDE THEM TO YOU “AS IS,” DISCLAIMING ANY EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

 

 

Limits

WE ARE COMMITTED TO OUR CUSTOMERS.  AS SUCH, THERE MAY BE TIMES WHEN WE MAY BE LIABLE TO YOU.  IN SUCH CASES, WE BOTH AGREE THAT: (1) OUR LIABILITY ON ANY CLAIM OF ANY KIND OR FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THESE TERMS AND CONDITIONS, OR THE PERFORMANCE OR BREACH THEREOF OR ANY PRODUCTS SHALL NOT EXCEED THE AMOUNT OF ANY ACTUAL LOSS OR DAMAGE, UP TO THE AGGREGATE AMOUNT YOU HAVE ACTUALLY PAID US FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM, REGARDLESS OF THE FORM OF ACTION, INCLUDING NEGLIGENCE, STRICT LIABILITY, TORT, PRODUCT LIABILITY OR OTHERWISE AND (2) WE SHALL NOT BE LIABLE FOR (A) THIRD PARTY CLAIMS AGAINST YOU FOR LOSSES OR DAMAGES OR (B) ANY LOST PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, REGARDLESS OF THE FORM OF ACTION. THE LIMITS OF LIABILITY SET FORTH IN THIS PARAGRAPH DO NOT APPLY TO THE BODILY INJURY TO OR THE DEATH OF ANY PERSON OR OUR DAMAGE TO PROPERTY ON YOUR PREMISES CAUSED BY US..  YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS) THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Social Media Terms & Conditions

THE IMAGES, POSTS, CONVERSATIONS, BOARDS AND HASHTAGS CREATED OR ADMINISTERED BY MUD PIE ACROSS ANY SOCIAL MEDIA PLATFORM, INCLUDING BUT NOT LIMITED TO, FACEBOOK, INSTAGRAM, TWITTER, PINTEREST AND LINKEDIN, ARE FOR OUR FANS AND RETAILERS ENTERTAINMENT. WE WELCOME POSTS, PICTURES AND VIDEOS ON OUR SOCIAL HANDLES AS LONG AS THEY ARE IN CORRESPONDENCE WITH THE TERMS & CONDITIONS OF EACH PLATFORM’S TERMS OF USE AND PRIVACY POLICY. 

All users agree to the following terms: (1) Mud Pie’s shares, posts, and content may or may not be accurate, complete, reliable or up to date; (2) You read and follow our social handles at your own risk; (3) Any content posted on our platforms by fans will not violate any law or regulation including, without limitation, copyright, trademark, privacy or publicity rights; (4) And contend we are tagged in or posted on our platforms will not contain obscene or profane language.

You are responsible for all content posted to our social handles, and Mud Pie will not take responsibility for you. Mud Pie has the right to review and remove any content for any reason we see fit. All content that violates against us or our Terms and Conditions will be removed. For any pictures, videos and/or posts share with us or on our social handles are granting Mud Pie the permission to use, copy, modify, adapt, publish and repost such content on our own social media handles. Do not posts or share any content that you do not wish for Mud Pie to re-share. Additionally, you allow Mud Pie to “tag” the username and/or the handle associated with the post. 

Additionally, specific areas on our website may allow you to share or repost Content on your personal social media handles. You are permitted a limited license to display the Content as directed. You have no other title to the Content posted by Mud Pie.


We advise you so review the social media Terms and Conditions before posting content or participating in Mud Pie’s social media campaigns, pages, hashtags, posts and conversations.

Prohibited Uses

In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using this website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable laws, rules or regulations issued by any government entity; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, 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 will affect the functionality or operation of the this website, other websites, the services provided by this website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (j) to interfere with or circumvent the security features of this website, the services offered by this website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the services provided through this website or any related website for violating any of the prohibited uses.

Dispute Resolution and Arbitration.

This section limits certain rights—including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to statutorily imposed limitations periods, the right to engage in discovery except as provided in applicable American Arbitration Association rules, the right to certain remedies and forms of relief, and the right to court review of any award—that may not be available in arbitration.

To the fullest extent permitted by applicable law, any dispute or claim arising out of or relating in any way to these Terms and Conditions, your visit to this website, or to any purchase, return or other transaction with Us (each a “Dispute”) shall be resolved through binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms. 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 Terms and Conditions as a court would. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. In lieu of arbitration, either you or Us may assert individual claims in small claims court consistent with the jurisdictional and dollar limits that may apply.

Any party who intends to seek arbitration must first provide to the other party a written notice of the Dispute (“Notice”), describing the facts and circumstances of the Dispute and the specific relief sought, and including any supporting documentation. The Notice must be mailed via certified or registered mail to Us at Mud Pie, LLC, 4893 Lewis Road, Suite A, Stone Mountain, GA 30083, Attn: Legal Dept., or to you at your last-used billing address or the billing and/or shipping address in your online profile. If we are unable to reach an agreement to resolve the claim within 30 days after the Notice is received, either party may commence arbitration.

Any arbitration under this agreement shall be conducted by the American Arbitration Association (“AAA”), adr.org, and pursuant to the then applicable AAA Commercial Arbitration Rules and Mediation Procedures. You may choose to have the arbitration conducted by telephone, based on written submissions, in person in the county where you live, or at another mutually agreed location. To the maximum extent permitted by applicable law, you and Mud Pie, LLC agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. To the maximum extent permitted by applicable law, you further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. If any portion of this paragraph is found to be void or unenforceable as to a particular claim, then that claim (and only that claim) shall be resolved in federal court rather than in arbitration; if there is no federal jurisdiction, the case shall be resolved in Georgia state court.

This section will survive after the Terms and Conditions terminate or your use of this website ends. Any cause of action or claim you may have with respect to the website must be commenced within one year after the claim or cause of action arises or be barred forever. Notwithstanding the other provisions in this section, if We have a reasonable basis to believe that you have in any manner violated or threatened to violate any of Our intellectual property rights, We may bring suit in any state or federal court in the State of Georgia, rather than through arbitration. You agree that you will submit to the jurisdiction of the state and federal courts in the State of Georgia.

 

 

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