By visiting and using www.mommassonder.com and www.kidssonder.com (hereinafter the “website”), you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.

The term “you” refers to anyone who uses, visits and/or views the website. Momma’s Sonder, LLC d/b/a Kids Sonder Agriculture Unboxed and the Agriculture Unboxed Shop (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments.  It is your responsibility to periodically check the website for updates.

Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.

AGE AND UNITED STATES USE ONLY

All information and content on this website are intended for individuals over the age of 18. Children, as defined in our Privacy Policy, must use the site with adult supervision.

PRIVACY POLICY

We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.

DISCLAIMER

Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review the Disclaimer for more information.

MANDATORY ARBITRATION AND GOVERNING LAW

You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the website and our products/services. In the event of any dispute, claim or controversy arising out of or relating to your use of this website, the terms and conditions shall be construed in accordance with the rules and regulations of the state of Ohio and the United States.

You agree to consent and submit to the jurisdiction of the state and federal courts located in Ohio without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.

You agree to resolve any disputes or claims first through mandatory arbitration in the state of Ohio and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.

INTELLECTUAL PROPERTY

All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use.  You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.

You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent.  You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

USER CONTENT AND LAWFUL USE OF THE WEBSITE

For any Content or information that you upload, display, post, transmit, send, email or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.

You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.

You agree not to upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or Content that is-

(a) illegal, violates or infringes upon the rights of others,

(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,

(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,

(d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law,

(e) any attempts to gain unauthorized access to any portion or feature of the website, and

(f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions. 

THIRD-PARTY LINKS

The website may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the website; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our terms and conditions.

You agree that we are not responsible or liable for the accuracy, content or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources.

USE OF OUR PAID AND FREE PRODUCTS

We may offer free products for you to download and also sell paid courses, programs, physical or digital products and any other related materials (collectively, “products”) on this website. All our products and/or services including all content are protected by copyright pursuant to the US and international copyright laws. You are granted a limited revocable license to print or download Content from our digital products for your own personal, non-commercial, non-transferrable, informational and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights. Copying or storing our content for other than personal use is expressly prohibited without our prior written consent.

You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any exploit our products. You cannot sell or redistribute any of our products, whether free or paid ones, without our express written consent.  You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

PRODUCT DISCLAIMERS.

USE OF PRODUCTS AND ACTIVITIES INCLUDED IN THE SERVICE SHOULD BE PERFORMED UNDER ADULT SUPERVISION. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE BY CHILDREN WITHOUT ADULT SUPERVISION. YOU FURTHER ACKNOWLEDGE THAT SOME OF THE PRODUCTS AND ACTIVITIES, IF NOT USED PROPERLY AND FOR THEIR INTENDED PURPOSE, MAY CAUSE DAMAGE OR HARM. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS TERMS OF SERVICE, THINK OUTSIDE LLC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, INJURIES, LOSS, OR COSTS ARISING FROM USE, REFERENCE TO, OR RELIANCE ON THE PROVIDED PRODUCTS, ACTIVITIES, OR REFERENCE MATERIALS. USE, REFERENCE TO, OR RELIANCE ON THE PROVIDED PRODUCTS, ACTIVITIES, OR REFERENCE MATERIALS IS DONE AT YOUR OWN RISK.

REGISTRATION AND PRODUCT SALES: PRODUCT SALES

In order to start your ongoing Kids Sonder Agriculture Unboxed monthly or bi-monthly subscription, you must register as a member on our Website. To register you can simply provide your shipping information including your address and billing information, and your valid email address and password to create your login profile. For your convenience as a Kids Sonder Agriculture Unboxed member, all information that you provide to Kids Sonder Agriculture Unboxed is subject to Momma‘s Sonder Privacy Policy. You are responsible for keeping your registration information up to date through the account page on the Website.

 

As a registered user of Kids Sonder Agriculture Unboxed, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by emailing support@mommassonder.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.

 

MONTHLY OR BI-MONTHLY DELIVERY

As a subscribed Kids Sonder Agriculture Unboxed monthly member, we will ship your package monthly (on or around the 4th). As a bi-monthly member, we ship your package in February, April, June, August, October and December (on or around the 4th).  We will ship you a package with a different selection of items from various brands and authors. For each shipment of your subscription, the selection of Products may change. Accordingly, Kids Sonder Agriculture Unboxed cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.

BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY OR BI-MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED IN EACH SHIPMENT.

 

BILLING AND PAYMENTS

All information that you provide to register with Kids Sonder Agriculture Unboxed including your credit card information is subject to Mommas Sonder‘s Privacy Policy. The price of the Services and/or goods is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover.  For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”) and any applicable Taxes (defined below). If you order a subscription to a Product (with a monthly term or term of 3 or 6 months) that auto-renews (“Subscription”), then you agree to pay the applicable Product Price and applicable Taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site or your subscription is automatically terminated. Your next billing date will be displayed in your Account page next to each of your active Subscriptions. Accounts that are canceled prior to shipments DO NOT automatically receive a refund because a shipment has already been generated to fulfill in the next batch mailing. If you’d like that shipment canceled email support@mommassonder.com. Multi-month subscriptions (pay every 3 or 6 months) can be changed to a monthly subscription at any time. However, the change will not take effect until the original multi-month term has ended. 

 

For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your bi-monthly purchase of Products.

 

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Kids Sonder Agriculture Unboxed the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Kids Sonder Agriculture Unboxed will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service found at https://stripe.com. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

 

SHIPPING AND RISK OF LOSS

Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Kids Sonder Agriculture Unboxed within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged.

 

Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.

 

RETURNS AND EXCHANGES

If a Product is defective or if something is missing or damaged, you may return it and we will send you a new item or credit your account. To facilitate, please contact us at support@mommassonder.com. When returning Products, it is your responsibility to take reasonable care to see that the Products are not damaged in transit and are received by us at our address as displayed on the postage label. Please note credits resulting from the monthly charge are only available up to 30 days past the date of the charge. Refunds are at the sole discretion of Mommassonder.com.

 

LOCAL TAXES

You may be charged local sales tax or VAT, if applicable.

 

INTERNATIONAL ACCESS

This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.

 

MEMBERSHIP CANCELLATIONS (CANCELLATION POLICY)

If you are not completely satisfied with Kids Sonder Agriculture Unboxed, you can cancel your membership and discontinue your monthly or bi-monthly payments at any time.

In order to cancel before you are renewed for the next shipment, you need to cancel or contact us prior to the renewal date on the 15th of the month. Email support@mommassonder.com or login to your account and click on cancel.

As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with the directions on this site, you hereby authorize, agree, and assent to the Company automatically billing your credit card submitted as part of the order process for such amounts that are due. You will be solely responsible for payment of all taxes (other than taxes based on Company’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Company. All payments are non-refundable. Products will only be shipped after confirmation of payment. You will not be eligible for a prorated refund of any portion of the Subscription fees paid for any unused days of the then-current Subscription term. Instead, we will fulfill the shipment of boxes remaining on your account until your current subscription term ends.

THIS SUBSCRIPTION IS A SURPRISE BOX SO THAT’S A RISK YOU ARE AGREEING TO WHEN YOU SUBSCRIBE. If you don’t like the box contents, then that is the perfect opportunity to gift some of the items to your customers and clients. But make sure you cancel your auto-renewal so you aren’t stuck with another shipment that’s not a good fit for you.

 

TERMINATION

We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.

NO REFUNDS

All sales of digital products and/or services on this website are final. No refunds will be issued. We truly believe in giving more than receiving and each of our products and services is designed by keeping this core principle in mind. The prices are intentionally kept reasonably low in price as compared to market value to give you the tools and information you need at an affordable price.

NO WARRANTIES

ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.

You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.

You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.

INDEMNIFICATION

You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. The Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.

ENTIRE AGREEMENT

These Terms and Conditions along with our Privacy Policy and Disclaimer constitute the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.

A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.

SEVERABILITY

If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.

CONTACT

For any questions, please contact us at support@mommassonder.com