1. Permitted Uses
The Site provides an interactive online service operated by Mothership, consisting primarily of making certain product lines and goods currently owned and operated by Mothership available to its consumers. Products may be purchased by visitors to this site and will be delivered in accordance with the Terms of Sale set forth below. As a condition of your use of this Site, you agree that:
• You are an individual person at least 16 years of age;
• You possess the authority to create a binding legal obligation;
• Your use of this Site will at all times comply with the terms of this Agreement;
• If you elect to create an account:
• You may create only one account for your personal use;
• You may only make legitimate purchases that comply with the letter and spirit of
the terms of the respective offers;
• You may only make purchases on the Site for your own use and enjoyment, or,
when offered, as a gift for another;
• You must safeguard your password and supervise the use of your account, and
understand and agree that you are responsible for your own use and the use of
your account by anyone you allow to access it.
• You have the right to provide any and all information you submit to the Site, the
information is only about yourself, and all such information is accurate, true, current and
2. Availability of the Site
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control
Site access may be interrupted, suspended or terminated. Mothership retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
3. Ownership of the Site
The content and information on this Site as well as the infrastructure used to provide both, is proprietary to Mothership Industries, LLC. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software, products or services obtained from or through the Site.
4. Transmission of Information
Mothership does not control the security of the Internet or other networks you use to access the Site or communicate with us. Mothership shall not be responsible for the security of information that you choose to communicate with Mothership and the Site while it is being transmitted. Mothership is not responsible for any data lost during transmission.
5. Your Conduct on our Site
• Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Mothership account;
• Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
• Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
• Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by Mothership;
• Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
• Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Mothership;
• Reselling or repurposing your access to the Site or any purchases made through the Site;
• Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
• Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
• Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
• Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission;
• Acting illegally or maliciously against the business interests or reputation of Mothership;
• Hyperlinking to the Site from any other website without our initial and ongoing consent.
6. Creating an Account on our Site
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Mothership account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
7. Terms of Sale
Products you purchase through our Site as a Mothership account holder or as a Guest are products specifically owned and produced by Mothership or its affiliates or specifically authorized and/or licensed to be sold by Mothership or its affiliates. Mothership is the issuer of the products. You waive and release Mothership and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission relating to the purchase of any such products. By purchasing any product you agree to the terms of this Agreement and these Terms of Sale. By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any voucher, you agree to these Terms of Sale. These rules apply to all promotional products that we make available, unless a particular product or promotion’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a specific promotion’s fine print, the promotion’s fine print will control. Mothership is a consumer goods company authorized to conduct business in an e-commerce setting. Mothership is authorized to sell all products and honor all promotions made available through this Site. All prices listed on the Site are at the sole discretion of Mothership and shall be deemed the required consideration for purchase of the product. Prices may not include shipping, handling, processing fees, sales taxes or other required fees. Any such fees shall be disclosed to the Purchaser prior to purchase and a “total” sales price shall be indicated. The User of the site agrees to pay the full and “total” purchase price listed in consideration of receiving the product. The User agrees to render payment in a manner deemed acceptable at the sole discretion of Mothership. Mothership reserves the right to withhold shipment of any and all products ordered until payment has cleared. In the event appropriate payment is not accepted as a result of actions by the User, Mothership reserves the right to withhold shipment, cancel the order, or otherwise seek any appropriate remedies to recover the damages suffered as a result of the User’s liability. The User shall have various shipping options made available at standard shipping rates provided by the carrier. In the event User chooses a shipping method by the United States Postal Service, Mothership shall NOT be liable for any damage to the purchased products during shipping. Should User choose an insured carrier such as Fed-Ex or UPS as their shipping method, Mothership shall insure products are received undamaged, or provide immediate replacement for any products damaged during shipping using these methods.
8. Modification of this Agreement
9. Copyright and Trademarks.
Everything located on or in this Site is the exclusive property of Mothership Industries, LLC or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF
MOTHERSHIP IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Mothership owns rights in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Mothership or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Mothership is an unregistered trademark of Mothership Industries, LLC. It, together with other trademarks, whether registered or otherwise, that are located within or on the Site otherwise owned or operated in conjunction with Mothership shall not be deemed to be in the public domain but rather the exclusive property of Mothership, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Mothership unless otherwise stated. You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Mothership does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted Mothership the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User’s personal use. You also grant Mothership the right to edit, copy, publish and distribute any material that you make available on this Site.
10. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures.
Mothership reserves the right to terminate its agreement with you or any other User or Guest who infringes third-party copyrights. If you believe that any material has been posted via the Site by a User in a way that constitutes copyright infringement, you shall provide Mothership with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Mothership’s Agent for notice of claims of copyright infringement is:
Mothership Industries, LLC.
101425 OVERSEAS HWY
KEY LARGO FL 33037
11. Unsolicited Ideas
Mothership does not accept or consider, directly or through any Mothership employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“unsolicited materials”). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
• Mothership has no obligation to review any unsolicited materials, nor to keep any
unsolicited materials confidential; and
• Mothership will own, and may use and redistribute unsolicited materials for any purpose,
without restriction and free of any obligation to acknowledge or compensate you.
12. Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER MOTHERSHIP, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS,
WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOTHERSHIP HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
13. Limitation of Liability.
IN NO EVENT SHALL MOTHERSHIP, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRDPARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN.
14. User Communications
Mothership in some instances allows you and other Users to use the Site to express opinions and communicate through forums, bulletin boards, product reviews feeds, or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). Mothership shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Mothership, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Mothership shall have the right, but not the obligation, to remove any material from the Communities that Mothership, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of Mothership.
15. Websites of Others
The Site may contain links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.
16. Public Nature of Your Statements.
You understand and agree that all Statements are public and not private. Any other person may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. Mothership does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.
17. License Grant.
By posting Statements or other information on or through the Communities, you grant Mothership a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
You agree to defend, indemnify and hold harmless Mothership, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms. You are solely responsible for your interactions with other Users of the Site. To the extent permitted under applicable laws, you hereby release Mothership from any and all claims or liability relating to any action or inaction by another User, including User’s failure to comply with applicable law and/or failure to abide by the terms of Mothership, and any conduct or speech, whether online or offline, of any other User.
20. Choice of Law.
21. Additional Disclosures.
No waiver by either you or Mothership of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect. If you reside in the United States or otherwise, you are contracting with Mothership Industries, LLC. Correspondence should be directed to: Mothership Industries, LLC, 101425 Overseas Highway, Suite 166, Key Largo, Florida 33037
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.