Terms of Use
Welcome to MindOverFabric (“MOF”). Before you use the MOF Web Site (the "Site"), please read the following basic terms that govern your use of the Site. By using the Site, you agree to follow and be bound by these terms (the "Agreement").
General
We may from time to time change the rules that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, the Site from time to time including, but not limited to, content and equipment and/or software needed for access or use.
Copyrights, Trademarks and other Intellectual Property Rights
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that are part of the Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by MOF. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by MOF.
All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited.
You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the Site, the Site as a whole, or any related material without the prior written permission of MOF. Further, you may not frame any of the content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written permission of MOF.
User Comments, Feedback and other Submissions
All comments, feedback, suggestions, ideas and any submissions disclosed, submitted or offered to MOF or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain MOF's property. Such disclosure, submission or offer shall constitute an assignment to MOF of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas and other submissions.
Accuracy of Colors
While we have made every effort to display as accurately as possible the colors and/or graphics of our products that appear on the Site, we cannot guarantee that your monitor's display of any color and/or graphic will be accurate. The colors you see will depend on your monitor and may be different from the actual colors of our product. We will have no liability (whether for damages, return of merchandise for credit, or otherwise) as a result of any variances between the appearance of colors and/or graphics displayed on your monitor and on any finished product purchased by you.
Duties, Taxes and Licenses
All duties, taxes and licenses incurred while shopping at MOF are the sole responsibility of the customer. MOF cannot be held responsible (nor vouch) for any orders with pending taxes, duties or licenses.
Ancillary Computer Equipment and Services
You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Site. In addition, you are responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Site.
Legal Compliance
You shall use MOF for lawful purposes only. You shall not transmit through MOF any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to MOF for any breach of this provision or any other provision of this Agreement.
Warranty/Disclaimer of Liability
YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT MOF SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
Our liability to you, if any, shall not exceed the total of the invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of MOF. We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the Site.
Indemnification
You agree to indemnify, defend and hold harmless MOF Parties against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing MOF under your account.
Governing Law
The Site is created and controlled by MindOverFabric Corporation in the State of California. The laws of the State of California will govern all terms, conditions and disclaimers on the Site, including this Agreement, without giving effect to any principles of conflicts of laws.
Privacy Policy
At MindOverFabric Corporation (“MOF”), we are committed to protecting your privacy and we acknowledge that you may have concerns regarding the use of personal information. With our statement, we intend to explain how we use the information we have gathered from our visitors or members.
Information Collected
Personally identifiable information is information that identifies you as an individual, such as your name, mailing address, phone number, email address, credit card information and password. We may collect Personally Identifiable Information from you when you make a purchase, register to become a member, voluntarily provide it when you use the site, disclose it in a public area of the site (such as submitting a quote or newsletter request) or provide it when you communicate with us.
Non-personally identifiable information is information that does not identify you as an individual. Non-Personally Identifiable Information includes information such as your browser type, the URL of the previous Web site you visited, the Web pages and advertisements you view or select, and the types of services you use.
Use of Information
At MOF, we gather and store certain types of information you provide to us through our website, surveys, or other data gathering methods. This information includes contact, demographic and financial information. We use the contact and demographic information to communicate effectively with you and to create a more personalized shopping experience. We may also use the Personally Identifiable Information you provide to administer and manage your account, pay commissions to you, include you on mailing lists and advertise and promote our services. In addition, we may disclose your Personally Identifiable Information when we believe in good faith that it is required by any applicable law or legal process, or if we believe we need to disclose it to protect or enforce our rights or the rights of our members, users, or other third parties. Without limitation of the foregoing, we may disclose your information pursuant to our Intellectual Property Rights Policy to a third party that alleges you have infringed their intellectual property rights.
We may disclose Non-Personally Identifiable Information in connection with improving the services we offer and facilitating our marketing efforts. In addition, we may combine your Non-Personally Identifiable Information that relates to your use of the Site with that of other users to determine which areas of the Site are most popular, and how our services are used. By collecting this Aggregate Information and analyzing it, we can use it to improve the Site. We may disclose Aggregate Information in connection with improving the services we offer and facilitating our marketing efforts.
Cookies
Cookies are information files that are placed on the hard drive of your computer by your browser. Cookies allow websites to remember users activities and visits to a site. At MOF, we use cookies to determine the number of unique visitors we host on our website over any given period of time. Cookies are also used to remember user screen names so multiple logins are not necessary. We do not use cookies to store or gather personal information from our visitors. You can disable cookies on your computer by indicating this in the preferences or options menus in your browser
Security
MOF is committed to ensuring the security of your information. To help prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. We use encryption when collecting or transferring sensitive data such as credit card information. Preventing credit card fraud is important to protect your personal financial data security.
Children
MOF does not sell products for purchase by children. In compliance with the Children's Online Privacy Protection Act of 1998 (COPPA), if you are under the age of 13, you may use MOF only with involvement of a parent or guardian. We encourage children to involve their parents in any interactive activity they participate in online. We will not knowingly collect or use any personal information from children we know to be under the age of thirteen. In addition, once we are notified we will delete any information in our databases that originates from a child under the age of thirteen.
No Absolute Safeguards
Although we will use reasonable efforts to safeguard the privacy of your information, transmissions on the Internet cannot be made absolutely secure. Accordingly, we assume no responsibility or liability for disclosure of any of your information due to errors in transmission, unauthorized third-party access or other causes beyond our reasonable control.
Third Party Communication
In an effort to enhance your shopping experience, we may use your contact and demographic information we have collected through our website, surveys, or other data gathering methods to send you news, offers and e-mails from some of our partners. To opt out of receiving news, offers and e-mails [click here].
As a part of our business relationships, we may from time to time have banner or link redirects to a third party accessible from the MOF Site. Any transactions that occur between you and a third party are strictly between you and the third party and are not the responsibility of MOF. We do not control the privacy policies of our advertisers or other third parties that have Web sites linked to the Site. If you click on an advertisement or link, the privacy policies of the Web site that you link to will govern the use of your information by that Web site's operator. We assume no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise.
Sale of Our Company
As our company grows, there is a possibility that we could be sold to another company. In the event that we are acquired by another company or a significant portion of our assets is sold to another company, all of the customer information including both financial records and consumer information that we have collected may be transferred to the new company.
Review, Request Changes or Opt Out
If you do not wish to receive announcements or special offers from us or third parties, you can [click here] to unsubscribe from receiving e-mail communications regarding news, exclusive offers and reminders.
Acceptance of Privacy Policy
If you use the Site, you are accepting the terms and conditions of this Privacy Policy, and we will have the right to use your information as described in this Privacy Policy. If you do not agree to have your information used in any of the ways described in this Privacy Policy, you must discontinue use of the Site. Use of this site is when this privacy effective date begins. We reserve the right to modify this Privacy Policy at any time. Your continued use of the Site after we either personally notify you or generally post such changes on the site will constitute your acceptance of those changes.
Shipping/Return
Shipping Policy
Order Status and Confirmation
An email confirmation is sent to you when the order is shipped. The email will include information and instructions on how you can track the shipment of your order online. If you do not receive an email confirmation within 48 hours (2 business days) of your order (allow longer if you place your order on a Friday or weekend), please email customerservice@mindoverfabric.com and we will try to respond to your request right away.
Shipping and Order Processing Days and Times
Our normal shipping and order processing days are Monday through Friday. Our fastest delivery option is UPS "Next Day Saver", which is guaranteed delivery before 3PM the next day.
No orders are processed or delivered on Saturday, Sunday, or major holidays or company closures. If you place a "Next Day Saver" order on Friday BEFORE 12PM, PST, your order will be delivered on MONDAY, as Saturday and Sunday do not count as shipping days. If you place a "Next Day Air" order on Friday AFTER 12PM PST, your order will be processed and shipped out on MONDAY and you will receive it on TUESDAY. The same goes for 2nd Day Air, and 5-day ground, please do not count the weekends in your delivery time. The 2, and 5 days are business days, not counting Saturday, Sunday or national holidays or company closure days. These shipping methods are not available to all locations and addresses and we cannot be responsible for carrier delays or lost, stolen or misdirected shipments by the carrier.
Return Policy
Mind Over Fabric will provide a free exchange or issue a full refund for all non-clearance items received within 30 days of when the items were shipped, provided the items are unworn, unwashed, with all original tags attached, and free of defects.
Items received after 30 days but within 60 days will qualify for store credit. For exchanged items, you may still return the item within 30 days of when you received the exchanged item. The Customer must pay for shipping for returned items. If you receive a defective product, you must notify us within five days of receiving the product to be eligible for a return.
Otherwise, we will only accept defective items at our discretion. We thank you very much for your business.
Return Instructions
Your package will include an order invoice, a return form and/or customs documents. Complete the return form by checking the proper return reason box. Pack and seal your return merchandise securely (in the original package if possible) and include the completed return form, a copy of your invoice and customs documents (if applicable). Print clearly or cut out and affix the enclosed pre-printed return address label to the outside of your return package. This return address label is printed on the bottom of the return form. Please note that the return label is not pre-paid, therefore, you will be responsible for the return shipping cost. Shipping and handling charges are not refundable. Please allow at least 2-3 weeks from the return shipped date for your account to be credited, and 1-2 billing cycles for the credit to appear on your statement. For returns from International and APO/FPO addresses, please allow 4-6 weeks from the return shipped date for your account to be credited, and 2-3 billing cycles for the credit to appear on your statement. We thank you very much for your business.
