By using the Site, you agree to be bound by these Terms of Use for the Site (the “Terms”), including the Privacy Policy and all other terms and policies referenced or hyperlinked herein. Please read these Terms carefully before accessing or using our website (the “Site”), which is operated by MTZ WLNS, LLC (“Mermaid Melts,” “we”, “us” and “our”). Mermaid Melts offers this Site, including all information, tools, products, and services available from this Site (the “Services”) to you, the user, conditioned upon your acceptance of these Terms. If you do not agree to all the Terms, then you may not access or use the Site or Services.

Shopify Inc. hosts our online store and provides the eCommerce platform to sell products and services to you. Any interaction with Shopify subjects you to the Terms set forth by Shopify.

Section 1 – Age of Majority

You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

Section 2 – Services

We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission. Your content (not including credit card information) may be transferred unencrypted over various networks and adapted to technical requirements. Credit card information is always encrypted during transfer.

Section 3 – Accuracy of Information

We are not responsible if information on this Site is not accurate, complete, or current. The material is provided for general information only and should not be relied upon as the sole basis for decisions. Historical information may be included for reference only. We may modify the contents at any time, but have no obligation to update information.

Section 4 – Modifications to Services and Prices

Prices for our products are subject to change without notice. We may modify or discontinue the Service at any time without notice. We are not liable for any modification, price change, suspension, or discontinuance.

Section 5 – Products or Services

Certain products or services may be available exclusively online. These may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display product colors and images accurately, but cannot guarantee display accuracy. We reserve the right to limit sales, limit quantities, or discontinue any product or service at any time. Orders may be limited or canceled at our discretion.

Section 6 – Billing and Account Information

You agree to provide current, complete, and accurate purchase and account information for all purchases. You must promptly update information so we can complete transactions and contact you as needed.

Section 7 – Optional Tools

We may provide access to third-party tools on an “AS IS” and “AS AVAILABLE” basis without warranties. Any use is at your own risk.

Section 8 – Third Party Links

Certain content, products, and services may include materials from third parties. Links may direct you to third-party websites not affiliated with us. We are not responsible for third-party content, accuracy, or policies.

Section 9 – User Content

By posting or submitting content (“User Content”) to the Site or our social media channels, you grant Mermaid Melts a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, publish, and distribute your content for any commercial or non-commercial purposes. You represent and warrant that you own the rights to your User Content and that it does not violate any third-party rights or laws. We reserve the right to remove any User Content at our discretion.

Section 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 – Errors, Inaccuracies, Omissions

Occasionally there may be information on our Site that contains errors relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors or update information at any time without notice, including after orders have been submitted.

Section 12 – Prohibited Uses

You are prohibited from using the Site for unlawful purposes, soliciting unlawful acts, violating laws, infringing rights, harassing or discriminating, submitting false information, uploading malicious code, collecting personal information, spamming, or circumventing security features.

Section 13 – Disclaimer of Warranties; Limitation of Liability

The Services and products are provided “AS IS” and “AS AVAILABLE.” Mermaid Melts disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We are not liable for any damages, including direct, indirect, incidental, punitive, or consequential damages, arising from your use of the Site, Services, or products.

Section 14 – Indemnification

You agree to indemnify and hold harmless Mermaid Melts and its affiliates from any claims, damages, or expenses arising from your breach of these Terms or violation of any rights.

Section 15 – Severability

If any provision of these Terms is deemed unlawful or unenforceable, the remaining provisions shall remain valid and enforceable.

Section 16 – Termination

We may terminate or deny access to the Services at any time without notice. Your obligations prior to termination remain enforceable.

Section 17 – Entire Agreement

These Terms constitute the entire agreement between you and Mermaid Melts, superseding prior agreements. Any ambiguities shall not be construed against the drafting party.

Section 18 – Governing Law

These Terms are governed by the laws of the Commonwealth of Kentucky.

Section 19 – Changes to Terms

We may update these Terms at any time by posting updates on our Site. Continued use constitutes acceptance of those changes.

Section 20 – Dispute Resolution and Arbitration

Disputes must first be addressed via email to contact@mermaidmelts.com. If unresolved, disputes shall be settled by mediation and then arbitration under the American Arbitration Association rules in Kentucky. Class action claims are waived.

Section 21 – Class Action Waiver

You agree that any claims must be brought individually and not as part of a class action.

Section 22 – Mobile Terms of Service

If you opt in, you consent to receive recurring marketing and support text messages from us. Message frequency varies. Standard message and data rates may apply. Reply “STOP” to opt out. Text services are provided “AS IS.”

Section 23 – Contact Information

Questions about these Terms should be sent to us at contact@mermaidmelts.com.