Terms of service

OVERVIEW
This website is operated by Tonic Mood. Throughout the site, the terms “we”, “us” and “our” refer to Tonic Mood. Tonic Mood offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, 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.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – MOBILE MESSAGE SERVICE / SMS PROGRAM
The Tonic Mood mobile message service (the “Service”) is operated by Tonic Mood (“we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. The Service provides updates, information and marketing offers from Tonic Mood via text messages through your wireless provider to the mobile number you provided. Message frequency varies.

You may receive messages at the phone number (833) 810-5673. There are no specific options to press to opt out. For Service support or assistance, email hi@tonicmood.com.

We may change any telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any opt-out or help requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

SECTION 13 – AMBASSADOR PROGRAM
All Ambassadors agree to the Tonic Mood Ambassador Terms and Conditions.

SECTION 14 – REFER A FRIEND PROGRAM
As a Refer-a-Friend member (a “Referrer”), you are subject to Tonic Mood’s Terms of Use and Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for Tonic Mood’s Refer-a-Friend program:

Qualified Referral. A Qualified Referral is defined as a purchase made at www.tonicmood.com by a person (a “Referred Customer”) who arrives at our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals. Qualified Referrals must purchase on the website.

Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address). The Referred Customer must be new to Tonic Mood and have never made a purchase from Tonic Mood previously. Referred Customers may not come from within the same household as the Referrer.

Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order for qualifying products.

Reward Payments. Rewards are payable in points which will be rewarded through promo codes sent via email. The maximum Qualified Referrals earned per calendar year may be no more than 50 Qualified Referrals. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.

Eligibility. Eligibility is limited to individuals only. Tonic Mood’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Tonic Mood’s sole discretion.

No Spam. You must comply with all up-to-date “SPAM” laws. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Tonic Mood’s Refer-a-Friend program.

Right to Close Accounts. Tonic Mood reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the program in a questionable manner or breaches any terms.

Right to Cancel Program or Change Terms. Tonic Mood reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

SECTION 15 – COMPANY REWARDS TERMS AND CONDITIONS
These Program Terms and Conditions apply to Tonic Mood Rewards Membership program.

Membership & Eligibility

Tonic Mood’s Rewards Program (“Program”) is a free rewards program offered by Tonic Mood, Inc. (“Company”) to its customers. Membership is limited to individuals only and is limited to one account per individual.

Any reference to “transaction” or the “transaction value” includes all Company products purchased online at TonicMood.com. The net transaction value is the amount spent for qualifying items after returns, discounts, and taxes.

Membership Tiers

Details of the current tiers and program can be found at TonicMood.com/pages/rewards.

Company Rewards Points

Earning Points

All transactions will earn 1 Company Rewards point credited to their account for every U.S. dollar transacted.

Redeeming Points

Points may be redeemed at checkout for discounts. Minimum points required apply.

Limitations and Expiration

Points have no cash value and expire after 12 months of inactivity.

Changes, Termination and/or Removal

Company may alter, limit, or terminate the Program at any time. Membership is non-transferable.

Limitation of Liability

Company is not liable for any damages related to the Program.

SECTION 16 – PROHIBITED USES
In addition to other prohibitions, you are prohibited from using the site or its content for unlawful purposes, to infringe rights, upload viruses, spam, or interfere with security features. Violation may result in termination of your use.

SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee uninterrupted or error-free use. The service is provided “as is.” We are not liable for damages arising from your use of the service or products.

SECTION 18 – INDEMNIFICATION
You agree to indemnify and hold harmless Tonic Mood and affiliates from any claims or damages arising from your breach of these Terms or violation of laws.

SECTION 19 – SEVERABILITY
If any provision is unenforceable, the rest remain in effect.

SECTION 20 – TERMINATION
We may terminate these Terms or your access at any time for breach or suspicion of breach.

SECTION 21 – ENTIRE AGREEMENT
These Terms and any posted policies constitute the entire agreement between you and us.

SECTION 22 – GOVERNING LAW
These Terms shall be governed by the laws of the United States.

SECTION 23 – CHANGES TO TERMS OF SERVICE
We may update these Terms by posting changes on our website. Your continued use constitutes acceptance.

SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to hi@tonicmood.com.