Terms of Service
Terms of Service
Overview
This website is operated by Mhylgs. Throughout the site, “we,” “us,” and “our” refer to Mhylgs. Mhylgs offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are visitors, suppliers, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is limited to these Terms of Service.
Any features or tools added to the current store are subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with an online e-commerce platform that allows us to sell our products and services to you.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province, or that you are at least the age of majority in your state or province, and have given us your consent to allow any of your minor dependents to use this website. You may not use our products for any illegal or unauthorized purpose or use the Service in violation of any laws in your jurisdiction (including but not limited to copyright laws). You may not transmit any worms, viruses, or any other code of a destructive nature. A breach or violation of any of these terms will result in immediate termination of your service.
Section 2 - General Terms
We reserve the right to refuse service to anyone at any time for any reason. You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided, without our express written permission. The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness, and Timeliness of Information
We are not responsible if the information provided on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to our website.
Section 4 - Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Section 5 - Products or Services (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display the colors and images of the products in store as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right (but are not obligated) to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services offered. All product descriptions or product pricing are subject to change without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account or credit card, orders placed with the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided when you made your order. We reserve the right to limit or prohibit orders that we believe appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Return Policy.
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without liability. We assume no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers. We may also offer new services and/or features through the Site in the future (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Third-Party Links
Certain content, products, and services available via our Services may include materials from third parties. Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not responsible for any damages or losses arising from the purchase or use of goods, services, resources, content, or any other transactions made on or through any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 - User Comments, Feedback, and Other Submissions
If you submit certain specific submissions at our request (for example, contest entries) or without a request from us, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. 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. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service. 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 further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10 - Personal Information
Personal information submitted by you through the Store is subject to our Privacy Policy. View our Privacy Policy.
Section 11 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website (including without limitation, pricing information), except as required by law. Any specified update or refresh date applied in the Service or on any related website does not indicate that all information in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, 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 in any way affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, phishing, pretexting, spidering, scraping, or crawling; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 - Disclaimer; Limitation of Liability
We make no guarantee, representation, or warranty that your use of the Service will be uninterrupted, timely, secure, or error-free. We make no guarantee that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel it at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Mhylgs, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14 - Indemnification
You agree to indemnify, defend, and hold harmless Mhylgs and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, arising out of or related to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Section 15 - Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement. These Terms of Service shall remain in effect unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by discontinuing use of our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to the date of termination; and/or we may deny you access to our Services (or any part thereof).
Section 17 - Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies we use on this website or in connection with the Services shall not constitute a waiver of such right or provision.These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Mhylgs.
Section 19 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
Section 20 - Contact Information
For any questions regarding the Terms of Service, please email Support@mhylgs.com. We can be contacted as follows:
Address: 1529 S 203rd St, Omaha, NE 68130
Phone: +1 402-505-3340
SMS/MMS Mobile Messaging Marketing Program Terms and Conditions
Mhylgs ("we") offers a mobile messaging program (the "Program"), and you agree to use and participate in the Program in accordance with these Mobile Messaging Terms and Conditions and the Privacy Policy (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these Terms and Conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as further described in the "Dispute Resolution" section below. This Agreement applies only to the Program and is not intended to modify other terms and conditions or privacy policies that may govern your relationship with us in other contexts.
1. User Opt-In: The Program allows users to receive SMS/MMS mobile messages by actively opting in (e.g., through an online or application-based registration form). Regardless of how you opt in to the Program, you agree that this Agreement applies to your participation in the Program. By participating in this Program, you consent to receive autodialed or prerecorded marketing mobile messages at the phone number you opted in to, and you understand that your consent is not required to make any purchases from us. While you consent to receive messages sent using an autodialer, the foregoing should not be construed to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.
2. User Opt-Out: If you no longer wish to participate in this Program or agree to this Agreement, you agree to reply "STOP," "END," "CANCEL," "UNSUBSCRIBE," or "EXIT" to any mobile text message we send to opt-out. You may receive another mobile text message confirming your opt-out. You understand and agree that the above options are the only reasonable ways to opt-out. You acknowledge that our text messaging platform may not recognize and respond to opt-out requests that alter, modify, or modify the "STOP," "END," "CANCEL," "UNSUBSCRIBE," or "EXIT" keyword commands, such as by using different spellings or adding additional words or phrases to the command, and agree that Mhylgs and its service providers are not responsible for any failure to execute such requests. You further understand and agree that any other method of opting out, including but not limited to sending text messages other than those described above or verbally requesting one of our employees to remove you from our lists, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of this Program, users who opt into this Program may receive marketing, promotional, payment, delivery, and sales messages regarding digital and physical products and services. Messages may include checkout reminders.
4. Fees and Frequency: Text messaging and data rates may apply. You consent to receiving text messages on a recurring basis at our discretion. Daily, weekly, and monthly text message frequencies may vary. This Program includes recurring text messages and may include additional recurring text messages based on your interactions with us.
5. Support Instructions: For support related to this Program, please text "HELP" to the number you received the message from or email Support@mhylgs.com. Please note that opting out of this Program using this email address is not acceptable. Opt-out requests must be submitted according to the procedures described above.
6. MMS Disclosure: If your mobile device does not support MMS messaging, this Program will send an SMS™ (termination message).
7. Our Disclaimer: This Program is provided on an "as is" basis and may not be available in all areas at all times and may not continue to work after your wireless carrier makes changes to products, software, coverage, or other aspects. We are not responsible for any delays or failures in receiving mobile messages related to this Program. Delivery of mobile messages is dependent on the effective transmission of your wireless service provider/network operator and is beyond our control. Carriers are not responsible for delayed or non-delivered mobile messages.
8. Participant Requirements: You must own a wireless device that supports two-way communication and use a participating wireless carrier and be a wireless subscriber with text messaging service. Not all mobile carriers offer the service required to participate. Please check your phone's capabilities for specific text messaging instructions.
9. Age Limit: If you are under thirteen (13) years of age, you may not use or participate in this Platform. If you use or participate in this Platform and are between thirteen (13) and eighteen (18) years of age, you must obtain permission from your parent or legal guardian. By using or participating in the Platform, you acknowledge and agree that you are thirteen (13) years of age or older, or between thirteen (13) and eighteen (18) years of age, and have your parent or legal guardian's permission to use or participate in the Platform, or have reached the age of majority in your jurisdiction. By using or participating in the Platform, you acknowledge and agree that you are permitted to use and/or participate in the Platform under applicable law in your jurisdiction. 10. Prohibited Content: You acknowledge and agree not to send any Prohibited Content through the Platform. Prohibited content includes:
- Any fraudulent, defamatory, libellous, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hateful content, and discrimination based on race, sex, religion, national origin, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Content that is illegal at the time the product, service, or promotion is received;
- Any content that refers to and/or references personal health information protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC”); and
- Any other content prohibited by applicable law in the jurisdiction from which the information is sent.
11. Dispute Resolution: If a dispute, claim, or controversy arises between you and us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider that transmits mobile information on our behalf under the Program, whether arising out of or relating to a federal or state statutory claim, a common law claim, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, such dispute, claim, or controversy will be settled by arbitration in Chicago, Illinois, before a single arbitrator to the fullest extent permitted by law.
The parties agree to submit disputes to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. Unless otherwise provided in this Agreement, the arbitrator shall apply the substantive laws of the federal judicial circuit in which Leo's Paw's principal place of business is located, without regard to its conflict of law rules. Within ten (10) calendar days after a demand for arbitration is served on a party, the parties must jointly select an arbitrator who has at least five years of relevant experience and who has knowledge and experience with the subject matter of the dispute. If the parties fail to agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator who must meet the same experience requirements. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules regarding emergency measures of protection shall apply in lieu of seeking emergency injunctive relief in court. The arbitrator’s decision shall be final and binding, and neither party shall have any right of appeal except as provided in Section 10 of the FAA. Each party shall bear its share of the arbitrator’s fees and administrative costs of the arbitration; however, the arbitrator shall have the authority to order a party to pay all or part of such fees upon a reasonable award. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by law or contract. The arbitrator shall not have the authority to award punitive damages, and each party hereby waives the right to seek or recover punitive damages with respect to any dispute resolved through arbitration. The parties agree that each may bring claims against the other in arbitration only in its individual capacity, and not as a plaintiff or class member in any purported class or representative arbitration proceeding. Furthermore, unless the parties otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as otherwise required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, except to protect or pursue a legal claim. If any term or provision of this section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this section or render such term or provision invalid or unenforceable in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision will survive even if your agreement to participate in any of our programs is canceled or terminated.
12. State Law:
Florida: We strive to comply with the Florida Telemarketing Act and the Florida Do-Not-Call Act applicable to Florida residents. For compliance purposes, you agree that we may assume that you are a Florida resident if (1) the shipping address you provide when you opt in to the Program is in Florida, or (2) the area code of the telephone number you use to opt in to the Program is a Florida area code. You agree that if you do not meet any of the above criteria, or have not clearly informed us in writing that you are a Florida resident, the requirements of the Florida Telemarketing Act and the Florida Do Not Call Law do not apply to you and you may not claim to be a Florida resident. If you are a Florida resident, you agree that text messages we send in direct response to your text messages or requests (including, but not limited to, reply keywords, opt-in, help or stop requests, and shipping notifications) do not constitute "telemarketing calls" or "commercial telemarketing calls" within the meaning of Section 501 of the Florida Statutes (including, but not limited to, Sections 501.059 and 501.616), to the extent otherwise provided by law and applicable. Washington State: To the extent applicable and relevant to this Plan, we strive to comply with the commercial telemarketing requirements of the Revised Code of Washington (RCW), including but not limited to Sections 80.36.390, 19.158.040, 19.158.110, and 19.158, applicable to Washington State residents. For compliance purposes, you agree that if the telephone number you use to enroll in this Plan has a Washington State area code, we may assume that you are a Washington State resident.
13. Miscellaneous: You warrant and represent to us that you have all necessary right, power, and authority to agree to these Terms and to perform your obligations hereunder, and that nothing in this Agreement or the performance of such obligations will constitute a breach of any other contract or obligation by you. The failure of either party to exercise any right under this Agreement will not constitute a waiver of any other rights under this Agreement. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of this Agreement remain in full force and effect. Unless otherwise expressly provided in writing, any new features, changes, updates, or improvements to the Program will be subject to this Agreement. We reserve the right to change this Agreement at any time. You will be notified of any updates to this Agreement. You acknowledge that it is your responsibility to review this Agreement from time to time and be aware of any such changes. Your continued participation in the Program after any such changes constitutes your acceptance of this Agreement as modified.
In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/planeteer-racketeering/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/planeteer-racketeering/privacy_policy).