Agreement between User and MoocahMagic.com

Welcome to Moocahmagic.com. The Moocahmagic.com website (the “Site”) is composed of various web pages operated by FCL Industries Inc ( also known as “FCL Industries" or “FCL”). Moocahmagic.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms"). Your use of Moocahmagic.com constitutes your agreement to all such Terms and Conditions. Please review these terms carefully and keep a copy of them for your reference.

Privacy

Your use of Moocahmagic.com is subject to FCL Industries' Privacy Policy. Please review our Privacy Policy, which also governs the site and informs users of our data collection practices.

Electronic Communications

Visiting Moocahmagic.com or sending emails to FCL Industries constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that are provided to you electronically, via email, and on the site, satisfy any legal requirements that such communications be in writing.

Your Account

With the usage of the site, users are responsible for maintaining the confidentiality of their accounts. This includes but is not limited to usernames, passwords, and or emails. You agree to accept responsibility for all activities that occur under your account. You may not assign or otherwise transfer your account to any other person or entity.

People Under 21 Years old 

FCL Industries does not knowingly collect, whether online or offline, personal information from persons under the age of 21. If under 21, you are strictly forbidden to utilize this site, purchase goods, or conduct any association with the site and or FCL Industries.

Cancellation/Refund Policy

FCL wants our loyal customers to feel confident with their purchases and want to provide excellent customer service. Please check your shipment carefully upon arrival to ensure it has not been damaged during shipping. All claims for damaged product(s) must be made in writing to our Customer Service department at contact@moocahmagic.com within three (3) days of the date (“Product Received Date”) your product is delivered to the address provided by you or your company representative.

Once orders are submitted online, we cannot apply any discounts or coupons. Please ensure that your order is correct before submitting, including the items, quantity, pricing, and discounts (if applicable).

If you are not satisfied with our products, you may request a refund of the full purchase price minus shipping costs within 14 days of the Product Received Date, for purchases from Moocahmagic.com. The product must be unused and unopened for us to accept. You are responsible for the return shipping cost and may incur a restocking fee of a minimum of 5%. Please submit your request to contact@moocahmagic.com or call 786-742-0564 to speak to the Customer Service Team.

Links to Third-Party Sites/Third-Party Services

Certain services made available via Moocahstore.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Moocahmagic.com domain, you hereby acknowledge and consent that FCL Industries Inc. may share such information and data with any third party with whom FCL Industries Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of Moocahmagic.com users and customers. To opt-out from information being shared, please submit a request in writing to contact@moocahmagic.com. 

No Unlawful or Prohibited Use/Intellectual Property

Users are granted a non-exclusive, non-transferable, revocable license to access and use Moocahstore.com strictly in accordance with these Terms. As a condition of your use with usage of the Site, users warrant to FCL Industries Inc. that they will not use the Site for any purpose that is unlawful or prohibited by these Terms. Users may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FCL Industries Inc. or its suppliers and protected by copyright, trademark, trade secret, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FCL Industries Inc's content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of FCL Industries Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FCL Industries Inc. or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying Moocahmagic.com or its Communication Services. Certainly! Here's the updated paragraph with the requested replacements:

violate any code of conduct or other guidelines that may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; and violate any applicable laws or regulations.

FCL Industries has no obligation to monitor the Communication Services. However, FCL Industries reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. FCL Industries reserves the right to terminate your access to any and all of the Communication Services at any time without notice for any reason

FCL Industries reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in FCL Industries' sole discretion.

Always use caution when providing any personal or identifying information about yourself or an individual under the age of 18 in any Communication Service. FCL Industries does not control or endorse the content, messages, or represent information found in any Communication Service and, therefore, FCL Industries specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FCL Industries spokespersons, and their views do not necessarily reflect those of FCL Industries.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. Users are fully responsible for adhering to such limitations if they upload the materials or Materials provided to Moocahstore.com or Posted on any FCL Industries Web Page

FCL Industries does not claim ownership of the materials you provide to Moocahmagic.com (including feedback and suggestions) or post, upload, input, or submit to any FCL Industries Site or our associated services, including, but not limited to, our social media accounts (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting FCL Industries, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. FCL Industries is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FCL Industries' sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

Third-Party Accounts

FCL will be able to connect your FCL Industries account to third-party accounts. By connecting your FCL Industries account to a third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated, and administered by FCL Industries from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FCL Industries Content accessed through Moocahstore.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. Third-Party Accounts

You will be able to connect your FCL Industries account to third-party accounts. By connecting your FCL Industries account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated, and administered by FCL Industries from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FCL Industries Content accessed through Moocahstore.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. 

Indemnification

You agree that you will not use the FCL Industries Content accessed through Moocahstore.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. You agree to indemnify, defend, and hold harmless FCL Industries, its officers, directors, employees, agents, and third parties, for any damages, claims, losses, costs, liabilities, and expenses of any kind whatsoever (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any Submissions made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. FCL Industries reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FCL Industries in asserting any available defenses.

Governing Law; Jurisdiction

These terms shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). You hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.

Arbitration

At FCL Industries' sole discretion, in the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction thereof. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST FCL INDUSTRIES.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FCL INDUSTRIES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

FCL INDUSTRIES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FCL INDUSTRIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FCL INDUSTRIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FCL INDUSTRIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation on Time to File Claims

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

Termination/Access Restriction

FCL Industries reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FCL Industries as a result of this agreement or use of the Site. FCL Industries' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FCL Industries' right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FCL Industries with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.

Waiver and Severability

No waiver by FCL Industries of any term or condition set out in these Terms 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 FCL Industries to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and FCL Industries with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and FCL Industries with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

FCL Industries reserves the right, in its sole discretion, to change the Terms under which Moocahstore.com is offered. The most current version of the Terms will supersede all previous versions. FCL Industries encourages you to periodically review the Terms to stay informed of our updates.