Terms and Conditions

Terms and Conditions
Return Policy
Privacy Policy

Terms and Conditions


Welcome to the TheMoodShirt.com Website (the "Site")!

TheMoodShirt.com provides this Site as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.

Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Since TheMoodShirt.com may revise this Agreement at any time, you should visit this page periodically to review the terms of your use.

SITE CONTENTS

Occasionally there may be information on TheMoodShirt.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your TheMoodShirt.com purchase, you may return it with your invoice to any TheMoodShirt.com store or to TheMoodShirt.com by mail.

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by TheMoodShirt.com. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by TheMoodShirt.com. TheMoodShirt.com and our other trademarks appearing at this Site are the trademarks of TheMoodShirt.com and NoLogo Direct, Inc.

This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole, or in part any of the Contents, the Site, or related software.

USER COMMENTS, MATERIALS, FEEDBACK, AND POSTCARDS

While TheMoodShirt.com is pleased to hear from our loyal fans and customers, it is TheMoodShirt.com's long-standing company policy not to accept or consider unsolicited creative ideas, suggestions, materials, or business proposals from persons or entities outside our company. If at our request you send certain specific submissions (for example, a photograph, story, or poem), or if despite our request that you not send us unsolicited creative materials, you send us other suggestions, comments, feedback, ideas, postcards, opinions, concepts, graphics, text, drawings, or other materials (all of the foregoing, collectively, the "Materials"), all such Materials, submitted or offered to TheMoodShirt.com on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site shall be and remain TheMoodShirt.com's property. Such disclosure, submission, or offer of any Materials shall constitute an assignment to TheMoodShirt.com of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Materials. Thus, TheMoodShirt.com will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Materials. TheMoodShirt.com is and shall be under no obligation (1) to maintain any Materials in confidence; (2) to pay to the user any compensation for any Materials; or (3) to respond to any user Materials.

You agree that no Materials submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Materials you submit.

PRODUCT INFORMATION

The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the U.S.

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear on our Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

DISCLAIMER

TheMoodShirt.com PROVIDES THE MATERIALS ON THIS SITE "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. TheMoodShirt.com EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE, ALTHOUGH TheMoodShirt.com MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE. YOU FURTHER ACKNOWLEDGE THAT TheMoodShirt.com SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

INDEMNIFICATION

You agree to defend, indemnify, and hold TheMoodShirt.com harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Site, your breach of these Terms of Use, and/or any of the foregoing agreements, representations, and warranties.

MISCELLANEOUS

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting TheMoodShirt.com's products and services available in the United States. This Site is controlled and operated by TheMoodShirt.com from its offices in Miami, Florida.

This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Florida and/or County of Broward. The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of TheMoodShirt.com's right to later require strict observance of each of the terms herein. If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable and all other provisions shall remain in full force and effect. This constitutes the entire agreement between us relating to your use of the Site and shall not be modified except in a writing signed by both parties.

TERMINATION

These terms are effective unless and until terminated by either you or TheMoodShirt.com. You may terminate this Agreement at any time. TheMoodShirt.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in TheMoodShirt.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or TheMoodShirt.com, you must immediately discontinue use of this Site and promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. Note that certain provisions of this Agreement (Site Contents; User Comments, Materials, Feedback, and Postcards; Disclaimer; and Indemnity) will survive termination.

Return Policy
OUR GUARANTEE

We want every TheMoodShirt.com shopping experience to be convenient, easy and fun! To ensure this, we offer 100% satisfaction guaranteed on all your purchases!

MERCHANDISE RETURN POLICY

We stand behind the quality of all of our products. You may return any item in its original condition and packaging within 30 days for any reason. We will gladly issue a credit covering the value of your returned item, less shipping and handling charges. Authorization must be obtained to return an item after 30 days. A 20% restocking fee may be charged for returns made after 30 days or not in the original packaging.

Return your item to: The Mood Shirt - RETURNS 408 Daroco Avenue Coral Gables, FL 33146

Please reference your order number with the return. Should the item be defective in any way, please contact us via email at orders@themoodshirt.com for a return authorization and return shipping label.

Shipping charges may be viewed by clicking on "Order", "Check Out", and then complete the delivery address and click on "Continue". We link to UPS shipping tables for actual cost calculation. The order is not completed until you "Submit" the order form.



Privacy Policy


TheMoodShirt.com Privacy Policy
Effective Januare 1, 2004

TheMoodShirt.com values its customers and respects their privacy. We collect customer information in an effort to improve our customers' shopping experience and to communicate with our customers about our products, services, contests, and promotions. TheMoodShirt.com recognizes that it must maintain and use customer information responsibly. We do not sell or rent the information you provide us online to third parties. However, we do share your information with third parties under certain circumstances.

This policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use your information. If you have any questions about our privacy policy, contact us via email at customerservice@TheMoodShirt.com.

If our information practices change in the future, we will let you know by posting the policy changes on our website or by communicating directly with you. We will let you know of any such changes before we use your information in a manner not previously disclosed in our privacy policy. You will have the opportunity at that time to choose not to participate, and to remove yourself from any new use of your information.

What kind of information does TheMoodShirt.com collect?
How does TheMoodShirt.com use my information?
How does TheMoodShirt.com protect children's privacy?
Does TheMoodShirt.com share my information with third parties?
What are cookies? How and why does TheMoodShirt.com use cookies on its site?
How does TheMoodShirt.com make sure my order information is secure?
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What kind of information does TheMoodShirt.com collect?
We collect information -- such as your name, email address, mailing address, phone number, and credit card number -- that you provide to us when you place an order, and when you save your info with us or participate in a contest, promotion, or survey. We also maintain a record of your product interests and purchases online and in our stores. We may acquire customer names and mailing addresses for select postal mailings from third parties.

How does TheMoodShirt.com use my information?
When you make a purchase at TheMoodShirt.com, we use the information you provide us to process your order. We will also send you an email message confirming that your order has been received and another to let you know when it has been shipped. Additionally, we may need to contact you via phone, postal mail, or email if we have other questions regarding your order.

If you purchase from us online, we will also send you notices about our products, services, contests, and promotions through email or postal mail. Don't worry -- if you have previously asked to be removed from our email list, we will not send email notices about our products, services, contests, and promotions if you place an order. Please note that it may take six to eight weeks for our systems to be updated when unsubscribe requests are made.

When you save your info with us -- online, over the phone, or at one of our retail stores -- you will be automatically signed up to receive email messages from us regarding our products, services, contests, and promotions. However, if you participate in a contest or promotion, you may choose whether or not to receive email messages from us regarding our products, services, contests, and promotions. Please note that you may still receive information from or about TheMoodShirt.com in connection with the contest or promotion. From time to time, we may also send you email messages to help us learn more about your shopping preferences. In addition, we maintain a record of your product interests and purchases to help us improve our site design and your shopping experience.

To serve you better, we may combine information you give us online and in our stores, as well as information about your product interests and purchases. In addition, we also may combine information you provide with demographic information that is publicly available. We use that combined information to enhance and personalize your shopping experience, and to communicate with you by email or postal mail about TheMoodShirt.com products, services, contests, and promotions that may be of interest to you. If you do not want us to use your information as described above, please contact us via email at customerservice@TheMoodShirt.com.

We want to communicate with you only if you want to hear from us. If you prefer not to receive information from us about our products, services, contests, or promotions via email, postal mail, or phone, please contact us via email at customerservice@TheMoodShirt.com. Please be sure to include your email address, full name, and password. It may take up to eight weeks to complete your request.
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How does TheMoodShirt.com protect children's privacy?
We at TheMoodShirt.com understand your concerns regarding your children's access to the Internet and the Internet's access to your children. We, too, are concerned about children's safety online. Consistent with the Children's Online Privacy Protection Act of 1998, we will never knowingly request personally identifiable information from anyone under the age of 13 without prior, verifiable parental consent.

If we become aware that an individual who has joined our email list or who has saved information with our websites is under the age of 13, we will remove his or her personally identifiable information from our files.

Does TheMoodShirt.com share my information with third parties?
We contract with third parties to assist us in maintaining and managing our customer information, to fulfill promotions, and to communicate with our customers. However, we do not authorize any of those third parties to use your information in any other way. In addition, when we team up with another company to offer or provide products, services, contests, or promotions, we and the other company may cross-reference our customer databases to identify common customers. We and the other company may use that existing information to fulfill contractual or promotional obligations and to identify future promotional opportunities. When we offer contests and promotions, or join with another company to do so, customers who choose to participate in those contests and promotions may be asked to provide personal information in order to participate. That information may then be used by us and the other company to notify winners or to fulfill promotional obligations.

We may occasionally participate in script, loyalty, and other similar programs. Scrip programs allow you to instruct TheMoodShirt.com to divert a percentage of the amount you spend at TheMoodShirt.com to participating schools and other non-profit organizations. Loyalty programs allow you to earn "points" on purchases at TheMoodShirt.com, which you may then use toward certain rewards offered by the loyalty programs in which you participate.

If you choose to participate in any script, loyalty, or other similar program in which TheMoodShirt.com is a participating vendor, the company administering the scrip, loyalty, or other similar program (collectively, the "scrip company") will or should ask for your consent to have TheMoodShirt.com or our credit card processor(s) share with the scrip company information regarding your TheMoodShirt.com purchases. This information will include your credit card number and the date and amount of your purchase, and may include your name. We will provide this information to the scrip company only as you have authorized us to do so. The scrip company may also share this information with the organizations you have chosen to receive a percentage of or information regarding your TheMoodShirt.com purchases. Many scrip companies have their own privacy policies that may differ from ours. You should review these policies carefully, as we have no control over them.

We also may share aggregate, non-personally identifiable information about you, such as your age and gender, and types of products purchased, with our business partners to fulfill our contractual obligations.

Except as described above, we do not rent, sell, or share any information we collect to or with any unaffiliated third party.
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What are cookies? How and why does TheMoodShirt.com use cookies on its site?
A cookie is a small data file that websites often store on your computer's hard drive when you visit. A cookie may contain information, such as a unique user ID, that is used to track the pages you've visited. TheMoodShirt.com uses cookies, but we do not store personally identifiable information in your cookie.

We use cookies in order to improve your shopping experience. Cookies enable us to keep track of your order as you shop on our site. They also allow us to recognize customers who have saved their info with us when they visit, and to provide those customers with their account information. If you save your info with TheMoodShirt.com or order from our site, we use cookies to monitor and maintain information about how you use our site and what you buy. If you have not saved your info with us or ordered from our site, we may monitor and maintain information about your use of our website in a manner that does not identify you. In either case, this information helps us to serve you better by improving our site design, as well as our products, services, contests, and promotions.

Through our use of cookies, we track and maintain the identity of the website you visited immediately prior to visiting TheMoodShirt.com. Keeping track of where you came from can help us to improve our site design and to fulfill our contracts with our business partners. We do not otherwise track any information about your use of other websites.

You can refuse cookies by turning them off in your Web browser. However, if you turn off cookies, we will not be able to track your order, which means you will be unable to make purchases from our site. Nor will we be able to recognize you as a customer who has saved your info with us, so you will be unable to access (or change or delete) your account information. Linking to our site from another website may cause technical issues for some Internet Explorer 6.0 users. If you are shopping at TheMoodShirt.com using Internet Explorer 6.0 and are having difficulty accessing the site, please check your privacy settings in your browser and set them to "Medium." If you do not wish to change your privacy settings to "Medium" and you are currently using the "Medium High," or "High" settings, you may choose to override your current cookie handling practices for individual sites that you specify. If you have any questions about ordering, please send us an email message at customerservice@TheMoodShirt.com.

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How does TheMoodShirt.com make sure my order information is secure?
Protecting your order information is our priority. We use Secure Sockets Layer (SSL) technology to ensure the security of your online order information. To check the security of your connection, look at the lower left-hand corner of your browser window after you access our secure server. If you see an unbroken key or a closed lock (depending upon your browser), then SSL is active. To double-check for security, look at the URL line of your browser. If you have accessed a secure server, the first characters of the site's address should change from "http" to "https."

Some browser versions and some firewalls do not permit communication through secure servers. If this is the case for you, you'll be unable to connect to our server, so you won't be able to mistakenly place an order through an unsecured connection. If for any reason you cannot access the secure server, please feel free to send us an email message customerservice@TheMoodShirt.com.
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