TERMS OF SERVICE

Effective Date: July 13, 2024

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

These Terms of Service (“Terms”) govern your access to and use of messagenotincluded.com, shop.messagenotincluded.com, and any related websites, storefronts, pages, features, content, communications, products, and services operated by or on behalf of Mountain Asset Group, Inc. d/b/a Message Not Included.

By accessing or using the Site, browsing its content, submitting information, signing up for email communications, placing an order, or purchasing a product, you acknowledge that you have read, understood, and agreed to be bound by these Terms and all policies incorporated by reference.

If you do not agree to these Terms, do not use the Site or purchase products from us.

1. COMPANY INFORMATION

The Site is owned and operated by:

Mountain Asset Group, Inc.
d/b/a Message Not Included

Mailing Address:

Mountain Asset Group, Inc.
1207 Delaware Ave #3988
Wilmington DE 19806
United States of America

Customer Support: is by mail

References in these Terms to “Message Not Included,” “Company,” “we,” “us,” or “our” refer to Mountain Asset Group, Inc. d/b/a Message Not Included.

References to “you,” “your,” “user,” “customer,” or “purchaser” refer to any individual or entity accessing the Site, using its features, subscribing to communications, or purchasing products.

2. ACCEPTANCE OF TERMS

These Terms constitute a legally binding agreement between you and the Company.

By accessing, browsing, or using the Site, you represent that:

a) you have the legal capacity to enter into these Terms;

b) you are at least eighteen (18) years of age, or are using the Site with the permission and supervision of a parent or legal guardian;

c) all information you provide is accurate, current, and complete;

d) your use of the Site complies with applicable laws and regulations; and

e) you will comply with these Terms and all policies incorporated into them.

If you are using the Site or purchasing products on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms.

3. DESCRIPTION OF THE SITE, SERVICES, AND PRODUCTS

Message Not Included is an apparel, merchandise, design, satire, commentary, and cultural-brand business.

The Site may provide:

a) information about Message Not Included;

b) brand stories, commentary, satire, cultural observations, and explanatory content;

c) information concerning apparel, merchandise, designs, graphics, and related products;

d) product photographs, mockups, descriptions, specifications, colors, sizes, and pricing;

e) links to our online store;

f) ecommerce purchasing and checkout functionality;

g) email signup opportunities;

h) customer-service and contact forms;

i) promotional offers, discounts, announcements, and product-release information;

j) links to social-media platforms and third-party websites; and

k) other content, features, products, or services that we may add from time to time.

Message Not Included creates, promotes, and sells apparel, accessories, merchandise, graphics, and related products inspired by culture, politics, media, satire, commentary, humor, and modern life.

The Site is not a software-as-a-service platform and does not currently provide document hosting, financial software, document management, user file storage, investment services, financial advice, or securities-related services.

4. ONLINE STORE AND THIRD-PARTY SERVICE PROVIDERS

Products may be offered through:

messagenotincluded.com

shop.messagenotincluded.com

or other websites, ecommerce platforms, social platforms, marketplaces, or sales channels operated by or on behalf of the Company.

We may use third-party providers for:

a) ecommerce hosting;

b) website hosting;

c) payment processing;

d) fraud screening;

e) order management;

f) printing;

g) manufacturing;

h) packaging;

i) fulfillment;

j) shipping;

k) tracking;

l) email delivery;

m) analytics;

n) advertising;

o) customer support; and

p) other operational services.

Your use of third-party services may be subject to the third party’s terms, privacy policies, and operating rules.

We are not responsible for the independent acts, omissions, policies, outages, security practices, or performance of third-party service providers, except to the extent responsibility cannot be excluded under applicable law.

5. PRODUCTS AND PRODUCT INFORMATION

We make reasonable efforts to present product information accurately.

Product information may include:

a) descriptions;

b) images;

c) mockups;

d) measurements;

e) size charts;

f) colors;

g) materials;

h) garment specifications;

i) estimated production times;

j) estimated shipping times; and

k) other product details.

Product images and mockups are provided for illustrative purposes.

Actual products may vary from images displayed on the Site because of:

a) monitor and device settings;

b) screen color calibration;

c) lighting conditions;

d) photography;

e) image processing;

f) manufacturing tolerances;

g) garment production;

h) fabric variations;

i) printing methods;

j) placement tolerances;

k) sizing tolerances; and

l) supplier or manufacturer updates.

Colors displayed on a screen may not exactly match the color of a physical product.

Minor variations in color, texture, print placement, print size, garment dimensions, stitching, fabric, or appearance that are consistent with normal manufacturing and printing tolerances are not necessarily defects.

Product measurements are approximate.

Customers are responsible for reviewing available product descriptions and size information before placing an order.

6. PRODUCT AVAILABILITY

Products, designs, sizes, colors, and variants are subject to availability.

We may, at any time and without prior notice:

a) add products;

b) remove products;

c) discontinue products;

d) modify designs;

e) change colors;

f) change garment models;

g) change suppliers;

h) substitute comparable materials or manufacturing sources;

i) limit quantities;

j) restrict sales by geographic region;

k) modify product specifications; or

l) discontinue a product, design, size, color, or variant.

We do not guarantee that any product will remain available.

If a product becomes unavailable after an order is placed, we may:

a) contact you regarding available alternatives;

b) cancel the affected item;

c) cancel the affected order; or

d) provide an appropriate refund.

7. PRICING, TAXES, AND ERRORS

Prices are displayed in the currency identified on the Site or during checkout.

Prices may change without notice.

The price charged will generally be the price displayed and accepted at checkout, subject to correction of obvious errors.

Prices may not include:

a) sales tax;

b) use tax;

c) value-added tax;

d) customs duties;

e) import taxes;

f) tariffs;

g) brokerage fees;

h) shipping charges; or

i) other government or carrier charges.

Applicable charges will be displayed during checkout when available.

You are responsible for taxes, duties, customs charges, and other charges imposed by applicable authorities, except where we are legally required to collect and remit them.

We reserve the right to correct pricing errors, typographical errors, inaccurate discounts, incorrect product information, or other mistakes.

If an error affects an order, we may contact you, cancel the affected item or order, and issue an appropriate refund.

8. ORDERS AND ORDER ACCEPTANCE

Submitting an order does not guarantee acceptance.

Your order is an offer to purchase the identified products.

We may accept, decline, limit, place on hold, or cancel an order for legitimate business reasons, including:

a) product unavailability;

b) supplier unavailability;

c) inability to fulfill the order;

d) incorrect pricing;

e) inaccurate product information;

f) payment failure;

g) suspected fraud;

h) unauthorized payment activity;

i) excessive order quantities;

j) suspected resale activity;

k) violation of these Terms;

l) shipping restrictions;

m) legal or regulatory restrictions; or

n) errors affecting the transaction.

An order confirmation acknowledges receipt of your order but does not necessarily constitute final acceptance.

We may require additional verification before processing or fulfilling an order.

9. PAYMENT

Payment is due at the time of purchase.

We may accept payment methods displayed during checkout, which may include:

a) credit cards;

b) debit cards;

c) digital wallets;

d) accelerated checkout services;

e) third-party payment services; and

f) other approved payment methods.

Payment information may be collected and processed by third-party payment processors.

We generally do not receive or store complete payment-card numbers.

You represent that:

a) you are authorized to use the payment method submitted;

b) the information provided is accurate;

c) sufficient funds or credit are available; and

d) the payment does not violate applicable law.

You authorize us and our payment providers to charge the total amount shown during checkout, including applicable taxes, shipping charges, and other disclosed amounts.

10. MADE-TO-ORDER PRODUCTS

Many Message Not Included products are produced only after an order is submitted.

Products may be:

a) printed after purchase;

b) manufactured after purchase;

c) assembled after purchase;

d) personalized by size, color, design, or variant selection;

e) produced by third-party print-on-demand providers; or

f) fulfilled specifically for an individual customer order.

Because products are made to order, production may begin shortly after payment authorization.

Once production has begun, an order generally cannot be changed or canceled.

Requests to change or cancel an order are not guaranteed.

If you contact us before production begins, we may attempt to assist, but we do not guarantee that a change or cancellation can be completed.

11. FINAL SALES, RETURNS, EXCHANGES, REFUNDS, AND REPLACEMENTS

Unless otherwise required by law or stated in our Return and Refund Policy, made-to-order products are final sale.

We generally do not accept returns, exchanges, or refunds based solely on:

a) buyer’s remorse;

b) change of mind;

c) ordering the wrong size;

d) ordering the wrong color;

e) ordering the wrong product;

f) failure to review the product description;

g) failure to review available size information;

h) minor color differences caused by screens or photography;

i) ordinary manufacturing tolerances; or

j) customer preference.

We will review claims involving:

a) damaged products;

b) defective products;

c) printing errors;

d) manufacturing errors;

e) incorrect products;

f) incorrect variants;

g) missing items; or

h) other fulfillment errors attributable to us or our fulfillment providers.

Claims must be submitted within the timeframe stated in our Return and Refund Policy.

We may require:

a) photographs;

b) packaging photographs;

c) shipping-label photographs;

d) order information;

e) a description of the issue;

f) return of the product; or

g) other reasonable documentation.

If we determine that a covered defect or fulfillment error occurred, the available remedy may include:

a) replacement;

b) reprinting;

c) exchange;

d) store credit;

e) refund; or

f) another appropriate remedy.

The remedy provided will be determined based on the circumstances, applicable policies, and applicable law.

Nothing in these Terms limits rights or remedies that cannot legally be waived.

12. SHIPPING AND DELIVERY

Production and delivery estimates are estimates and are not guaranteed delivery dates unless expressly stated otherwise.

Orders may require separate production and shipping periods.

Shipping times may vary based on:

a) destination;

b) carrier;

c) product availability;

d) production capacity;

e) seasonal demand;

f) holidays;

g) weather;

h) customs processing;

i) government action;

j) labor disruptions;

k) carrier delays;

l) natural disasters;

m) public emergencies;

n) inaccurate customer information; or

o) circumstances outside our reasonable control.

We will make reasonable efforts to ship within the timeframe represented during purchase.

If shipment is materially delayed, we will provide any notice, cancellation opportunity, consent request, or refund required by applicable law.

Shipping confirmation and tracking information may be provided electronically.

Tracking information may take time to update after a shipping label is created.

We are not responsible for carrier tracking delays.

13. SHIPPING ADDRESSES

Customers are responsible for providing a complete and accurate shipping address.

Before submitting an order, review:

a) customer name;

b) street address;

c) apartment or suite number;

d) city;

e) state or province;

f) postal code;

g) country;

h) telephone number; and

i) email address.

We are not responsible for delays, failed delivery, return-to-sender charges, replacement costs, or losses caused by inaccurate, incomplete, outdated, or improperly formatted customer information.

If an order is returned because of an address issue, additional shipping or fulfillment charges may apply.

14. LOST, STOLEN, OR DELIVERED PACKAGES

If tracking indicates that a shipment has been delivered but you cannot locate it, contact the carrier and check:

a) the delivery location;

b) household members;

c) neighbors;

d) building staff;

e) mailrooms;

f) parcel lockers; and

g) other secure delivery locations.

Contact us if additional assistance is needed.

We may assist with carrier inquiries but cannot guarantee replacement or reimbursement for a package confirmed as delivered.

Claims involving lost, stolen, damaged, or misdelivered packages may be subject to carrier procedures, investigation, documentation requirements, insurance limitations, and applicable law.

15. PROMOTIONS, DISCOUNTS, AND PROMOTIONAL CODES

Promotions and discount codes may be subject to additional terms.

Unless otherwise stated:

a) promotions are limited in duration;

b) discounts cannot be combined;

c) discounts have no cash value;

d) discounts cannot be applied retroactively;

e) discounts may exclude certain products;

f) discounts may be limited to one use;

g) discounts may be restricted by customer, household, order, product, or region;

h) promotions may be modified or canceled; and

i) suspected misuse may result in cancellation.

16. CUSTOMER ACCOUNTS

The Site may permit optional customer accounts.

If you create an account, you are responsible for:

a) providing accurate information;

b) maintaining current information;

c) protecting your login credentials;

d) maintaining password confidentiality;

e) restricting access to your devices; and

f) activity conducted through your account.

Notify us promptly if you believe your account has been accessed without authorization.

We may suspend, restrict, or terminate an account if we reasonably believe:

a) fraud has occurred;

b) unauthorized activity has occurred;

c) these Terms have been violated;

d) the account presents a security risk;

e) the account is being used unlawfully; or

f) suspension is reasonably necessary to protect users, the Company, or third parties.

17. PRIVACY

Our collection, use, disclosure, retention, and protection of personal information are governed by our Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference.

By using the Site, submitting information, or placing an order, you acknowledge that information may be processed by the Company and by service providers involved in:

a) website operation;

b) ecommerce;

c) payment processing;

d) order fulfillment;

e) shipping;

f) customer support;

g) analytics;

h) fraud prevention;

i) email communications;

j) advertising; and

k) business operations.

Review the Privacy Policy for additional information.

18. EMAIL AND MARKETING COMMUNICATIONS

If you voluntarily subscribe to marketing communications, you authorize us to send promotional email concerning:

a) product releases;

b) new designs;

c) limited editions;

d) promotions;

e) brand information;

f) content;

g) events;

h) announcements; and

i) related subjects.

You may unsubscribe using the unsubscribe link contained in marketing messages.

Unsubscribing from promotional communications does not prevent us from sending transactional or service-related messages, including:

a) order confirmations;

b) payment information;

c) shipping notices;

d) delivery notices;

e) customer-service communications;

f) security messages; and

g) legally required notices.

19. PERMITTED USE

We grant you a limited, revocable, nonexclusive, nontransferable right to access and use the Site for lawful personal or internal business purposes.

This permission does not transfer ownership of any Site content or intellectual property.

20. PROHIBITED CONDUCT

You may not use the Site:

a) for unlawful purposes;

b) to violate applicable laws or regulations;

c) to commit fraud;

d) to submit false information;

e) to impersonate another person;

f) to misrepresent your identity or affiliation;

g) to interfere with Site operation;

h) to gain unauthorized access to systems or accounts;

i) to introduce malware, viruses, harmful code, or malicious technology;

j) to scrape, crawl, harvest, mine, copy, or extract Site information through unauthorized automated means;

k) to bypass security controls;

l) to interfere with ecommerce, payment, inventory, or fulfillment operations;

m) to conduct unauthorized resale activity;

n) to infringe intellectual-property rights;

o) to harass, threaten, defame, abuse, or unlawfully target another person;

p) to collect personal information without authorization;

q) to submit spam or unauthorized commercial communications;

r) to conduct fraudulent chargebacks;

s) to test or probe system vulnerabilities without authorization; or

t) to encourage another person to engage in prohibited conduct.

We may investigate suspected violations and cooperate with lawful requests from authorities.

21. INTELLECTUAL PROPERTY

The Site and its content may include:

a) trademarks;

b) trade names;

c) logos;

d) product names;

e) designs;

f) artwork;

g) graphics;

h) photographs;

i) mockups;

j) illustrations;

k) videos;

l) audio;

m) text;

n) slogans;

o) copy;

p) software;

q) layout;

r) brand elements;

s) product concepts; and

t) other protected materials.

Such materials are owned by, licensed to, or used with permission by the Company and may be protected by copyright, trademark, trade-dress, unfair-competition, and other laws.

Except as expressly authorized, you may not:

a) reproduce;

b) copy;

c) distribute;

d) sell;

e) resell;

f) license;

g) sublicense;

h) modify;

i) adapt;

j) publish;

k) transmit;

l) publicly display;

m) create derivative works from;

n) commercially exploit;

o) remove ownership notices from; or

p) use confusingly similar branding based on

the Site or its content.

No license to use Company trademarks, logos, designs, or branding is granted except as expressly stated.

22. POLITICAL, CULTURAL, SATIRICAL, AND EDITORIAL CONTENT

Message Not Included creates apparel and content that may address:

a) political figures;

b) public officials;

c) elections;

d) public events;

e) political culture;

f) media;

g) satire;

h) humor;

i) commentary;

j) opinion; and

k) matters of public interest.

Such content may be provocative, critical, humorous, irreverent, satirical, symbolic, or open to interpretation.

Opinions expressed through Company content, products, satire, designs, or commentary are expressions of the Company or the applicable creator and are not statements issued by any government, candidate, campaign, political party, public official, political action committee, organization, or third party.

Message Not Included is an independent apparel and merchandise brand.

Unless expressly stated otherwise, Message Not Included is not affiliated with, sponsored by, authorized by, approved by, endorsed by, or officially connected with:

a) any political candidate;

b) any political campaign;

c) any public official;

d) any political party;

e) any political action committee;

f) any government agency;

g) any government entity; or

h) any person referenced in Company content or products.

The sale of a product does not constitute a political contribution unless expressly stated and legally structured as such.

23. USER MESSAGES, FEEDBACK, AND SUBMISSIONS

You may submit:

a) customer-service inquiries;

b) reviews;

c) comments;

d) photographs;

e) feedback;

f) suggestions;

g) ideas;

h) questions;

i) product requests; or

j) other communications.

Do not submit confidential, proprietary, or legally protected information unless requested and appropriately protected.

Unless otherwise agreed in writing, unsolicited feedback and suggestions are considered nonconfidential.

You retain ownership of content you own.

By voluntarily submitting content for publication, marketing, review, reposting, or promotional use, you grant the Company a nonexclusive, worldwide, royalty-free license to:

a) use;

b) reproduce;

c) display;

d) publish;

e) distribute;

f) adapt;

g) format;

h) promote; and

i) share

the submitted content for the purpose for which it was provided and for related Company business purposes.

You represent that you have the rights necessary to submit the content.

24. THIRD-PARTY LINKS AND CONTENT

The Site may contain links to third-party websites, platforms, resources, services, or content.

Third-party links are provided for convenience and do not necessarily constitute endorsement.

We do not control third-party services and are not responsible for:

a) availability;

b) accuracy;

c) content;

d) security;

e) privacy practices;

f) products;

g) services;

h) representations;

i) advertising;

j) policies; or

k) conduct.

Your use of third-party resources is at your discretion and may be subject to separate terms.

25. SITE AVAILABILITY AND MODIFICATIONS

We may, subject to applicable law:

a) modify the Site;

b) update the Site;

c) remove content;

d) add content;

e) suspend features;

f) discontinue features;

g) change technology providers;

h) modify products;

i) discontinue products;

j) perform maintenance;

k) restrict access; or

l) discontinue all or part of the Site.

We do not guarantee uninterrupted or error-free operation.

Maintenance, outages, technical issues, security events, provider failures, internet disruptions, and other events may affect availability.

26. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, CONTENT, PRODUCTS, INFORMATION, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS EXPRESS AND IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF:

a) MERCHANTABILITY;

b) FITNESS FOR A PARTICULAR PURPOSE;

c) TITLE;

d) NON-INFRINGEMENT;

e) ACCURACY;

f) AVAILABILITY; AND

g) QUIET ENJOYMENT.

WE DO NOT WARRANT THAT:

a) THE SITE WILL ALWAYS BE AVAILABLE;

b) THE SITE WILL BE UNINTERRUPTED;

c) THE SITE WILL BE ERROR FREE;

d) DEFECTS WILL ALWAYS BE CORRECTED;

e) INFORMATION WILL ALWAYS BE COMPLETE OR CURRENT;

f) THE SITE WILL BE FREE OF HARMFUL CODE;

g) PRODUCTS WILL APPEAR IDENTICAL TO DIGITAL IMAGES;

h) THIRD-PARTY SERVICES WILL OPERATE WITHOUT INTERRUPTION; OR

i) THE SITE OR PRODUCTS WILL MEET EVERY INDIVIDUAL EXPECTATION.

THIS SECTION DOES NOT EXCLUDE WARRANTIES OR RIGHTS THAT CANNOT LEGALLY BE EXCLUDED.

27. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, LICENSORS, SERVICE PROVIDERS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR:

a) INDIRECT DAMAGES;

b) INCIDENTAL DAMAGES;

c) SPECIAL DAMAGES;

d) CONSEQUENTIAL DAMAGES;

e) EXEMPLARY DAMAGES;

f) PUNITIVE DAMAGES;

g) LOST PROFITS;

h) LOST REVENUE;

i) LOST BUSINESS;

j) LOST OPPORTUNITIES;

k) LOST GOODWILL;

l) LOSS OF DATA;

m) BUSINESS INTERRUPTION; OR

n) OTHER INTANGIBLE LOSSES.

THIS LIMITATION APPLIES TO CLAIMS ARISING FROM OR RELATED TO:

a) USE OF THE SITE;

b) INABILITY TO USE THE SITE;

c) PRODUCT PURCHASES;

d) PRODUCT DELAYS;

e) THIRD-PARTY SERVICES;

f) THIRD-PARTY CONTENT;

g) UNAUTHORIZED ACCESS;

h) SITE INTERRUPTION;

i) USER CONDUCT;

j) COMMUNICATIONS;

k) ORDERS;

l) SHIPPING;

m) DELIVERY; OR

n) THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING FROM A PARTICULAR ORDER WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE COMPANY FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM.

FOR CLAIMS NOT ARISING FROM A PURCHASE, THE COMPANY’S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LEGALLY BE LIMITED.

28. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Company and its parents, subsidiaries, affiliates, directors, officers, employees, agents, contractors, licensors, suppliers, service providers, and representatives from claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising from:

a) your unlawful use of the Site;

b) your violation of these Terms;

c) your violation of applicable law;

d) your infringement of another person’s rights;

e) content submitted by you;

f) fraudulent activity;

g) misuse of payment methods;

h) unauthorized resale activity; or

i) intentional misconduct.

This section does not require a consumer to indemnify the Company for the Company’s own unlawful conduct where such indemnification is prohibited.

29. EXPORT, SANCTIONS, AND LEGAL COMPLIANCE

You agree to comply with applicable:

a) export laws;

b) import laws;

c) customs laws;

d) trade restrictions;

e) economic sanctions;

f) embargoes; and

g) other legal restrictions.

We may decline or cancel transactions involving prohibited countries, prohibited persons, restricted parties, unlawful destinations, or legally restricted transactions.

30. SUSPENSION AND TERMINATION

We may suspend, restrict, or terminate access to the Site or customer features if we reasonably believe:

a) these Terms have been violated;

b) fraud has occurred;

c) unlawful activity has occurred;

d) a security threat exists;

e) another person’s rights are threatened;

f) payment activity is unauthorized;

g) abuse has occurred;

h) suspension is legally required; or

i) suspension is reasonably necessary to protect the Company, customers, providers, or third parties.

Termination does not eliminate obligations arising before termination.

31. COPYRIGHT AND INTELLECTUAL-PROPERTY COMPLAINTS

We respect intellectual-property rights.

If you believe content on the Site infringes your copyright, trademark, or other intellectual-property rights, provide:

a) your name;

b) your address;

c) your telephone number;

d) your email address;

e) identification of the protected work;

f) identification and location of the disputed material;

g) an explanation of the claimed infringement;

h) a statement that you have a good-faith belief that the disputed use is not authorized;

i) a statement that the information provided is accurate;

j) a statement that you are the owner or authorized representative; and

k) your physical or electronic signature.

Send the notice to:

Mountain Asset Group, Inc.
Attn: Intellectual Property Agent
1207 Delaware Ave #3988
Wilmington DE 19806
United States of America

Submitting a false infringement notice may result in legal liability.

32. GOVERNING LAW

These Terms and disputes arising from them will be governed by the laws of the State of Wyoming, without regard to conflict-of-law principles.

This choice of law does not deprive consumers of mandatory protections provided by the laws of their place of residence where those protections cannot legally be waived.

33. VENUE AND JURISDICTION

Unless applicable law requires otherwise, claims arising from or relating to these Terms, the Site, or Company products shall be brought in a court of competent jurisdiction located in the State of Wyoming.

The parties consent to personal jurisdiction and venue in such courts.

Nothing in this section prevents either party from:

a) bringing an eligible claim in small-claims court;

b) seeking emergency or injunctive relief; or

c) exercising rights that cannot legally be waived.

34. CHANGES TO THESE TERMS

We may revise these Terms from time to time.

Updated Terms will be posted on the Site with an updated effective date.

Changes apply prospectively unless otherwise required by law.

Your continued use of the Site after revised Terms become effective constitutes acceptance of the revised Terms.

If you do not agree to revised Terms, discontinue use of the Site.

35. NOTICES

We may provide notices through:

a) the Site;

b) email;

c) account notifications;

d) checkout notices;

e) order communications;

f) regular mail; or

g) other reasonable methods.

You are responsible for maintaining accurate contact information.

36. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without prior written consent.

The Company may assign or transfer these Terms in connection with:

a) a merger;

b) acquisition;

c) reorganization;

d) sale of assets;

e) financing;

f) corporate restructuring; or

g) transfer of business operations.

37. NO THIRD-PARTY BENEFICIARIES

Except as expressly stated, these Terms do not create rights for third-party beneficiaries.

38. WAIVER

Failure to enforce a provision does not waive the right to enforce it later.

A waiver is effective only if made in writing by an authorized Company representative.

39. SEVERABILITY

If a provision is found invalid, unlawful, or unenforceable, the provision will be interpreted or modified to the minimum extent necessary to make it enforceable.

The remaining provisions will continue in full force.

40. HEADINGS

Section headings are provided for convenience and do not affect interpretation.

41. ENTIRE AGREEMENT

These Terms, together with policies incorporated by reference, constitute the entire agreement concerning the subject matter addressed.

Related policies may include:

a) Privacy Policy;

b) Return and Refund Policy;

c) Shipping Policy;

d) Contact Information;

e) product-specific terms;

f) promotion-specific terms; and

g) checkout disclosures.

If a product-specific or transaction-specific term conflicts with these general Terms, the more specific term will control for that product or transaction to the extent permitted by law.

42. CONTACT INFORMATION

Questions concerning these Terms may be directed to:

Mountain Asset Group, Inc.
d/b/a Message Not Included
1207 Delaware Ave #3988
Wilmington DE 19806
United States of America

Website:

messagenotincluded.com