Effective date: September 15, 2026

These Terms & Conditions consist of two parts: our Terms of Sale, which govern purchases, and our Website Terms of Use, which govern your use of our website.

PART I — TERMS OF SALE

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

You may not order or obtain products or services from this website if you (a) do not agree to these Terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Manymoons, Co., or (c) are prohibited from accessing or using this website or any of its contents, goods or services by applicable law.

These Terms of Sale (these "Terms") apply to the purchase and sale of products and services (collectively, "Products") through www.manymoons.com (the "Site"). By placing an order through the Site, you acknowledge that you have read and agree to be legally bound by these Terms of Sale.

These Terms are subject to change by Manymoons, Co. ("Manymoons," "we," "us," or "our") at any time in our sole discretion. Any changes will be effective as of the effective date shown above. The version of these Terms in effect at the time you place an order governs that order. Where we make material changes, we will provide notice as described in Section 21. You should review these Terms prior to purchasing any Product available through this Site.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order.

1. Order acceptance and cancellation

(a) Your order is an offer. You agree that your order is an offer to purchase, under these Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

(b) Cancelling your order. You may cancel an order within 24 hours of placing it, provided the order has not yet shipped. To cancel, log in to your account and submit a cancellation request from your order, or contact us at customerservice@manymoons.com. If you placed your order as a guest, contact us at the same address and include your order number.

(c) Cancellation after 24 hours. If you wish to cancel after 24 hours, contact us and we will cancel the order if it has not yet shipped. If the order has shipped, it is subject to our return policy in Section 7.

2. Products

(a) Direct purchases. Products on our Site are available for purchase. If you purchase a Product, you are not required to participate in our Give Back program, but we encourage you to do so.

(b) Gifts. You may gift Products via our Site. These gifted Products will be treated as purchased Products with respect to the gift recipient, except that refunds are issued to the original form of payment used by the purchaser.

(c) New and preloved Products. We strive to create a circular economy for items to reduce the volume of products that end up in landfills. We offer Products which are both new and preloved. Preloved Products are pre-owned and are described on the Product page. Normal wear consistent with the stated condition does not constitute a defect.

(d) Imperfect Products. Products identified as "Imperfect" are new and fully functional but may show minor cosmetic imperfections resulting from manufacturing, retail display, fitting, or handling. Examples include light scuffs, minor surface marks, or other small cosmetic variations. Imperfect Products may ship in replacement packaging if the original packaging was damaged. Specific condition details are described on the Product page.

(e) Final sale. Products identified as "Final Sale" on the Product page are not eligible for return or exchange, except as described in Section 7(i).

(f) Availability and limits. Certain Products may be available exclusively online through the Site and may have limited quantities. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction, and to limit the quantities of any Products we offer. All descriptions of Products and Product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Site is void where prohibited.

(g) Colors and images. We have made every effort to display as accurately as possible the colors and images of our Products. We cannot guarantee that your device's display of any color will be accurate.

3. Fees and payments

(a) Pricing. Prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.

(b) Reference prices. Where a reference price, "compare at" price, or manufacturer's suggested retail price (MSRP) is displayed alongside our price, that reference price is supplied by the brand or reflects the price at which the item was originally offered at retail. It is not necessarily a price at which Manymoons has previously sold the item. Advertised discount percentages are calculated from the reference price.

(c) Errors. We strive to display accurate price information; however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(d) Promotions. We may offer promotions on the Site that affect pricing and that are governed by terms separate from these Terms, available at our Promotion Terms & Conditions page. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern for that promotion.

(e) Payment. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept certain credit cards listed on our Site during the checkout process, and may also accept Apple Pay, Google Pay and PayPal (collectively "Express Pay"). You represent and warrant that (i) the credit card or Express Pay information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or Express Pay account for the purchase, (iii) charges incurred by you will be honored by your credit card company or the relevant Express Pay service, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

(f) Other fees. Any other fees, such as delivery charges, will be listed on the checkout page for the applicable Product. We reserve the right to alter fees or availability of any particular item at our discretion and without notice.

(g) Any payment terms presented to you in the process of using or signing up for a paid service are deemed part of these Terms.

4. Accuracy, completeness and timeliness of information

We are not responsible if information made available on this Site (including any social media accounts owned or operated by us) is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or 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, necessarily, is not current and is provided for your 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 our Site.

5. Products fulfilled by brand partners

(a) Partner fulfillment. Some Products are fulfilled and shipped directly by our brand or fulfillment partners rather than from our warehouse. These Products are identified on the Product page.

(b) Processing and delivery. Partner-fulfilled Products may have different processing and delivery times than Products shipped from our warehouse. Estimated timeframes are provided at checkout where available and may vary based on the partner's fulfillment schedule and location. If your order contains Products from multiple locations, you may receive separate shipments with separate tracking.

(c) Shipping charges. Partner-fulfilled Products may not be eligible for free shipping promotions and may incur separate shipping charges based on size, weight, supplier, or destination. Applicable charges are displayed at checkout before you complete your purchase.

(d) Returns and exchanges. Partner-fulfilled Products may be subject to different return and exchange requirements than those in Section 7. Item-specific requirements are disclosed on the Product page before purchase. Where a Product page states different terms, those terms govern for that Product.

(e) Availability. Availability of partner-fulfilled Products depends on our partners' inventory. If a Product becomes unavailable after you place an order, we will contact you and offer a refund of the amount paid for that Product. We may also offer store credit or an alternative Product, which you may accept in place of a refund.

(f) Warranties. Product warranties, guarantees, and related claims for partner-fulfilled Products may be subject to the individual supplier's policies. Section 9 otherwise applies.

(g) Delivery issues. If a partner-fulfilled Product is delayed, lost, arrives damaged, or you experience an issue with it, contact customerservice@manymoons.com and we will work with the relevant carrier or supplier to assist you.

6. Shipments; delivery; title and risk of loss

(a) Shipping. We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

(b) Your shipping information. You must provide us with accurate shipping information so that we can timely deliver Products to you. You are responsible for providing accurate shipping information and for keeping the shipping information for your account up to date. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up to date, you are solely responsible for any resulting loss, theft, or damage to the Products.

(c) Title and risk of loss. Title and risk of loss pass to you upon our transfer of the Products to the carrier. If your order is delayed, lost, or arrives damaged, please contact customerservice@manymoons.com and our team will work with the carrier to assist you.

(d) Delivery estimates. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for delays in shipment beyond our reasonable control. Nothing in this Section limits any right you may have under applicable law to cancel an order that is not shipped within the time we have stated.

(e) International orders. We ship to destinations outside the United States as made available at checkout. The following applies to those orders:

(i) Duties and taxes. You are the importer of record. Import duties, taxes, tariffs, brokerage fees, and other charges are imposed by the destination country, are not included in the price paid at checkout, and are payable by you. We do not collect these charges and cannot advise you of their amount in advance.

(ii) Customs and delays. International shipments are subject to customs inspection and processing in the destination country. Delivery timeframes for international orders are estimates only and may be affected by customs processing, which is outside our control.

(iii) Compliance. You are responsible for ensuring that the Products may lawfully be imported into the destination country. You represent that you are not located in, and will not direct delivery to, any country or to any person subject to applicable economic sanctions or export restrictions.

(iv) Refused or undeliverable shipments. If you refuse delivery, fail to pay applicable duties or taxes, or the shipment is otherwise undeliverable, the Products may be returned to us, held, or disposed of by the carrier. Where Products are returned to us, any refund will be reduced by outbound shipping charges and any costs we incur.

(v) Returns. Return and Give Back eligibility for international orders is described in Sections 7 and 8.

7. Returns and exchanges

(a) Requesting a return. You must submit your return request within 14 calendar days of receiving your order, by logging in to your account and submitting a request from your order, or by emailing customerservice@manymoons.com. Delivery date is determined by carrier tracking. We will provide you with a prepaid return shipping label.

(b) Sending your return. Once your return label has been issued, the package must be dropped off with the designated shipping carrier and receive a carrier acceptance scan within 5 calendar days. Returns that do not receive an acceptance scan within this timeframe may be declined.

(c) Condition. Products must be returned unworn, unwashed, with all original manufacturer tags attached, and with all parts and pieces included. Clothing sets, toys, and accessories must include all related parts and pieces. Preloved Products must be returned in the condition in which they were received. Products that do not meet these conditions may be declined or subject to a reduced refund.

(d) Processing fees. ALL RETURNS AND EXCHANGES SHIPPED BACK TO OUR WAREHOUSE WILL INCUR A $10 PROCESSING FEE UNLESS OTHERWISE NOTED IN THE PRODUCT DESCRIPTION. CERTAIN PRODUCTS, INCLUDING SELECT SURPRISE BOXES AND BULK-SHIPPED ITEMS, MAY BE SUBJECT TO A $20 PROCESSING FEE AT OUR DISCRETION. PROCESSING FEES MAY BE WAIVED AT OUR DISCRETION. SHIPPING CHARGES ARE NON-REFUNDABLE.

(e) Refund amount. Approved returns are refunded to your original form of payment in the amount of the purchase price of the returned Products, less any applicable processing fee. Taxes are refunded in proportion to the refunded purchase price.

(f) Refund timing. We will inspect returned Products and issue any refund within 10 business days of receipt at our warehouse. During holidays and other high-volume periods, processing may take longer. Once issued, your payment provider may take an additional 5 to 10 business days to post the refund.

(g) Exchanges. You may exchange a Product meeting the conditions in Section 7(c) for a different size, style, or color. Exchange requests are subject to the same timeframes in Sections 7(a) and 7(b) and the same processing fees in Section 7(d). If the exchange Product costs more than the returned Product, you will be charged the difference. If it costs less, the difference will be refunded to your original form of payment. To request an exchange, email customerservice@manymoons.com.

(h) Returns outside the return window. If your return request is submitted more than 14 calendar days after delivery, you are not eligible for a refund but may be eligible for Give Back Credit under Section 8.

(i) Final sale. Final Sale Products are not eligible for return or exchange. For U.S. orders, if you experience an issue with the quality, fit, or condition of a Final Sale Product, please contact customerservice@manymoons.com and our team will assist you.

(j) Product-level variation. Return and exchange eligibility may vary by Product. See the Product page for item-specific requirements, and Section 5 for Products fulfilled by brand partners.

(k) International orders. WE DO NOT ACCEPT RETURNS OR GIVE BACKS OUTSIDE OF THE UNITED STATES. Nothing in these Terms limits or excludes any right you may have under mandatory consumer protection law in your country of residence that cannot be limited or excluded by agreement.

8. Give Back Credit

(a) The program. Our Give Back program is designed to keep Products in use and out of landfills. You may send eligible Products back to us and receive credit toward a future purchase on our Site ("Give Back Credit").

(b) Eligibility. Give Back Credit is available for Products originally purchased from Manymoons, sent from and delivered to addresses within the United States. You must provide your order number or other proof of purchase so we can verify the Product and the price paid.

(c) Condition. Products must be received in sellable condition: clean, complete, free of stains, odors, tears, or damage beyond normal wear, and including all parts and pieces. We determine sellable condition in our reasonable discretion.

(d) Products not in sellable condition. If a Product is not in sellable condition, no Give Back Credit will be issued, the Product will not be returned to you, and title passes to Manymoons. We may donate, recycle, or otherwise dispose of it at our discretion. We will notify you by email if a Product is declined.

(e) Credit amount. Give Back Credit equals 20% of the price actually paid for the Product, excluding taxes and shipping charges, and after any discounts, promotions, or credits applied to the original purchase.

(f) Gifted Products. If you received a Product as a gift, you may participate using the order number or gift receipt. Only one Give Back Credit may be issued per Product; credit is issued to whoever submits an eligible Product first.

(g) Shipping. We do not charge a shipping fee for Give Back returns and will provide a prepaid label. The processing fees in Section 7(d) do not apply to Give Back submissions. We may set reasonable limits on the number of labels, minimum item values, or shipment frequency.

(h) Issuance and use. Give Back Credit is issued as a code associated with your email address and may be applied to the merchandise portion of a future order only, not to taxes, shipping charges, or gift cards. Give Back Credit does not expire. It has no cash value, cannot be redeemed for cash except where required by law, and is not transferable or resellable.

(i) Title. Title to and ownership of Products we accept passes to Manymoons on receipt. Accepted Products cannot be returned to you.

(j) Exclusions. Give Back Credit is not available for Products previously returned or refunded, Products purchased using Give Back Credit, or Products not purchased from Manymoons.

(k) Not a refund. Give Back Credit is not a refund and does not extend or replace your rights under Section 7.

(l) Changes and abuse. We may modify, suspend, or discontinue the program at any time. Credit already issued remains valid. We may decline participation or revoke credit where we reasonably believe the program is being abused.

9. Gift cards

(a) Purchase and delivery. Manymoons digital gift cards are delivered by email to the address provided at checkout. It is your responsibility to provide an accurate email address. We are not responsible for gift cards delivered to an incorrect address provided by you.

(b) Redemption. Gift cards may be redeemed toward the purchase of Products on our Site and may be applied to merchandise, taxes, and shipping charges. If your order total exceeds the gift card balance, the remaining amount must be paid using another accepted payment method.

(c) No expiration and no fees. Gift cards do not expire. We do not charge inactivity, dormancy, service, or maintenance fees.

(d) No cash value. Gift cards are not redeemable for cash except where required by applicable law. Some states require that a gift card with a remaining balance below a specified amount be redeemed for cash on request; if you reside in such a state, contact customerservice@manymoons.com.

(e) Not reloadable or transferable for value. Gift cards cannot be reloaded, resold, or exchanged for another gift card. Gift cards obtained through unauthorized resale are void.

(f) Lost or stolen. Treat gift cards as cash. We are not responsible for lost, stolen, or unauthorized use of gift cards, except as required by law. Contact us promptly if you believe a gift card has been used without your authorization.

(g) Returns. Gift cards are not returnable or refundable. Products purchased with a gift card are subject to Section 7; refunds for those Products will be issued as store credit or to the original gift card where reasonably practicable.

(h) Give Back Credit. Give Back Credit may not be used to purchase gift cards.

(i) Promotional gift cards. Gift cards issued as part of a promotion rather than purchased may carry additional restrictions, including expiration dates, which will be disclosed at the time of issuance.

10. Manufacturer's warranty and disclaimers

We do not manufacture or control any of the Products offered on our Site. The availability of Products through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the Products offered on our Site.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

You affirm that we shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer's failure to honor its warranty obligations to you (if any).

Nothing in these Terms limits or excludes any right you may have under mandatory consumer protection law in your country of residence that cannot be limited or excluded by agreement.

11. Limitation of liability

IN NO CASE SHALL MANYMOONS, CO., 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 THE SITE OR ANY PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT, EVEN IF ADVISED OF THEIR POSSIBILITY.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

The limitations in this Section do not apply to liability resulting from our gross negligence or willful misconduct, and do not affect any liability that cannot be excluded or limited under applicable law. Because some states or jurisdictions do not allow the exclusion or 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.

12. Indemnification

You agree to indemnify, defend and hold harmless Manymoons, Co. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

13. Goods not for resale; export compliance

You represent and warrant that you are purchasing Products from the Site for your own personal or household use only, and not for resale. You further represent and warrant that you will comply with all applicable export and import laws and regulations.

14. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of Products through the Site.

15. Force majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.

16. Governing law and jurisdiction

This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.

17. Dispute resolution and binding arbitration

By accepting these Terms, you agree to the "Mandatory Arbitration" provisions set forth in our Website Terms of Use, as if they were fully set forth herein.

18. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. We may assign our rights and obligations under these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

19. No waivers

Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Manymoons, Co.

20. No third-party beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

21. Notices

(a) To you. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To us. To give us notice under these Terms, you must contact us as follows: (i) by email at customerservice@manymoons.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Manymoons, Co., 323 Jeffer Street, Ridgewood, NJ 07450. We may update our contact information for notices by posting a notice on the Site.

22. Electronic communications

By using the Site or placing an order, you consent to receive communications from us electronically, including by email and by postings on the Site. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

23. Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions.

24. Survival

Sections 8(i), 10, 11, 12, 13, 16, 17, 19, 20, 23, and 25, together with any other provision that by its nature should survive, will survive termination or expiration of these Terms.

25. Entire agreement and order of precedence

Our order confirmation, these Terms of Sale, our Website Terms of Use, our Privacy Policy, our Returns & Exchanges Policy, our Shipping & Delivery Policy, and any applicable Promotion Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

In the event of a conflict, the following order of precedence applies:

1. Terms specific to an individual Product as stated on that Product page
2. Applicable Promotion Terms, with respect to that promotion
3. These Terms of Sale
4. Our Website Terms of Use
5. Our Returns & Exchanges Policy and Shipping & Delivery Policy

Our Privacy Policy controls with respect to the collection, processing, and disclosure of personal information notwithstanding the above.

PART II — WEBSITE TERMS OF USE

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Manymoons, Co. ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of manymoons.com, including any content, functionality, and services offered on or through manymoons.com (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://manymoons.com/pages/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

In these Terms of Use, "Services" means the Website together with any content, functionality, features, tools, and services we offer on or through it, including the sale of Products.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in "Mandatory Arbitration" will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and account security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual property rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features, you may take such actions as are enabled by such features, but may not use any of the photos or content of such features without our permission.

You must not:

• Modify copies of any materials from this Site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to customerservice@manymoons.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
• Submit any false or inaccurate information through the Website.
• Submit any false or inaccurate credit card or payment information.

User contributions

The Website may contain message boards, blog posts, forums, profiles, product reviews by customers, photos of customers and/or their family, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website, including, without limitation, indirectly via our social media accounts, which will be displayed on our Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You hereby grant to Manymoons and our affiliates a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable (through multiple tiers), and transferable (in whole or part) worldwide license to use, edit, truncate, aggregate, reproduce, transmit, display, exhibit, distribute, prepare, index, comment on, modify, create derivative works of, perform, and otherwise fully exploit User Contributions in connection with the Services and our (and our successors' and assigns') businesses, including without limitation for promoting, marketing, advertising, and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels, whether now existing or hereafter created or discovered.

In addition, if you provide to us any ideas, proposals, suggestions, or other materials ("Feedback"), whether related to the Services or otherwise, such Feedback will be deemed a User Contribution, and you acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place the Company under any fiduciary or other obligation.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• If your User Contribution depicts a minor, you are the parent or legal guardian of that minor and consent on their behalf to the use of that content as described in these Terms of Use.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

The Website is not directed to children, and we do not knowingly permit children under the age of 13 to create accounts or post User Contributions.

Monitoring and enforcement; termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.

However, we do not undertake to review all material before it is posted on the Website (including, for example, product reviews), and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content standards

These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement ("Copyright Infringement Notice") that includes substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Copyright Infringement Notice should be sent to our designated agent at:

Manymoons, Co.
Attn: Chief Compliance Officer
323 Jeffer Street
Ridgewood, NJ 07450
customerservice@manymoons.com

Counter-notification. If you believe your material was removed or disabled as a result of mistake or misidentification, you may send us a counter-notification including your physical or electronic signature; identification of the material removed and its former location; a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification; your name, address, and telephone number; and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which the Website may be found) and that you will accept service of process from the person who provided the original notice.

It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on information posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Artificial intelligence

We use artificial intelligence and AI-assisted tools in connection with our website, advertising, marketing, and creative content, including product photography. Our use of these technologies is described in our AI Transparency Policy.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information about you and your visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online purchases and other terms and conditions

All purchases through our Site or other transactions for the sale of goods through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

Linking to the Website and social media features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic restrictions

The Company, the owner of the Website, is based in the State of New Jersey in the United States. We ship Products to select destinations as made available at checkout. We make no claim that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. Where you have purchased Products, the limitation of liability in Section 11 of our Terms of Sale also applies.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing law and jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Mandatory arbitration

Arbitration is a form of private dispute resolution in which persons having a dispute agree to waive their right to file a lawsuit to proceed in court and to a jury trial, and instead agree to present their dispute to a neutral third party (arbitrator) for binding decision. YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION, WHICH MEANS THAT YOU RETAIN YOUR RIGHT TO FILE A LAWSUIT; TO DO SO, YOU MUST READ CAREFULLY AND FOLLOW THE DIRECTIONS UNDER "HOW TO OPT OUT OF MANDATORY ARBITRATION," BELOW. UNLESS YOU OPT OUT OF THE MANDATORY ARBITRATION, YOU WILL BE UNDERSTOOD TO HAVE AGREED TO THE MANDATORY ARBITRATION AND TO THE PROVISIONS PROVIDED BELOW.

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

You and the Company and its respective corporate parents, subsidiaries, affiliates, predecessors in interest, successors, permitted assigns (collectively, "Company Parties"), and any other parties on whose behalf you are accessing the Website, purchasing Products, or using the Services agree to arbitration (except for matters that may be taken to small claims court), as the exclusive form of dispute resolution except as provided for below, for any and all Disputes, as defined below.

The term "Dispute" means any dispute, claim or controversy now or in the future between you and any Company Party whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and including the validity, enforceability or scope of this provision (with the exception of the enforceability of the class action waiver clause below) arising out of or relating to your purchase, ownership and/or use of the Services and/or the Terms accompanying that Service. For each Service used, accessed or downloaded, this mandatory arbitration provision would apply unless you choose to opt out as discussed above. "Dispute" is to be given the broadest possible meaning that will be enforced.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral, third-person arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

How to opt out of mandatory arbitration

Notwithstanding the above, you or the Company may choose to file a lawsuit in court rather than resolving your dispute by arbitration. You may opt out of mandatory arbitration if (a) the dispute qualifies for small claims court (there are monetary limitations for small claims court), or (b) you opt out of these arbitration procedures within 30 days from the date that you accept these Terms (the "Opt-Out Deadline").

In order to opt out of mandatory arbitration, you need to (i) mail written notification to Manymoons, Co., Legal Department, 323 Jeffer Street, Ridgewood, NJ 07450, United States; or (ii) email written notification to contact@manymoons.com. In either case, your written notification must include: (1) your name, (2) your address, (3) a copy of your receipt or other proof of purchase showing the date of purchase, or if you haven't yet made a purchase, a sworn notarized statement attesting to the day you first visited the Website, and (4) a clear statement that you do not wish to resolve disputes with the Company through arbitration.

Your decision to opt out of this provision will have no adverse effect on your relationship with the Company. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or, if the dispute qualifies, in small claims court.

Arbitration process

The arbitration will be administered by the Judicial Arbitration and Mediation Services (JAMS) or its successor. Written notice of the demand for arbitration shall be served by you or the Company, as applicable, and filed with JAMS. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitration will be conducted in English and a translator may be utilized at the expense of the party requiring the translation services. A single independent and impartial arbitrator with his or her primary place of business in Wilmington, Delaware will be appointed pursuant to the rules. You and the Company agree to the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) subject to the rules, the arbitration shall be conducted online via videoconference, telephonically and/or be solely based on written submissions — rather than requiring the personal appearance of the parties — with the specific manner to be mutually agreed upon in writing by the parties; and (b) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

No class actions

YOU AND THE COMPANY AGREE THAT YOU AND THE COMPANY PARTIES 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, you agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this mandatory arbitration section will be null and void.

If you choose to pursue your dispute in court by opting out of this provision, as specified above, this class action waiver will not apply to you. Neither you, nor any other user of the Products or Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

Limitation on time to file claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire agreement

The Terms of Use, our Privacy Policy, and our Terms of Sale constitute the sole and entire agreement between you and Manymoons, Co. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. The order of precedence set out in Section 25 of our Terms of Sale applies.

Your comments and concerns

This Website is operated by Manymoons, Co., 323 Jeffer Street, Ridgewood, NJ 07450.

All feedback, comments, requests for technical support, and other communications relating to the Website, including any notices of copyright infringement claims, should be directed to customerservice@manymoons.com.