Welcome to the My Magic Mud® Charcoal Toothpaste website (the “Site”) of My Magic Mud (“My Magic Mud”, “we”, “us” and/or “our”)!

These Terms govern your use of this Site and your relationship with My Magic Mud. Please read them carefully as they affect your legal rights.

1. Acceptance of Terms

By accessing and/or using this Site, you agree to these Terms and our Privacy Policy. If you do not agree to any of these Terms, you may not access or otherwise use the Site or purchase any products.

2. Use of the Site

Subject to full compliance with these Terms and all applicable laws and regulations, My Magic Mud grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of the Site. This license grant does not include:

• any resale or commercial use of the Site or its contents;
• making any derivative use of the Site or its contents;
• downloading, copying, or other use of account information for the benefit of any third party;
• use of any data mining, robots, or similar data gathering and extraction tools;
• any use of the Site or its contents other than for its intended purpose.

The Site, including all content and functionality made available on or accessed through the Site, are owned by, controlled by, licensed to, or used with permission by My Magic Mud. The My Magic Mud name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of My Magic Mud or its affiliates.

All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

3. Site Availability & Modifications

My Magic Mud reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice.

You agree that My Magic Mud will not be liable for any modification or discontinuance of the Site or any part thereof.

4. Eligibility to Purchase from the Site

You may browse the Site without registering, but to purchase products, you must register and create an account.

To be eligible to register an account, you must:

• Be 18 years of age or older
• Reside in a region serviced by My Magic Mud

My Magic Mud may modify the eligibility criteria at any time and may screen and validate your eligibility before allowing you to register an account.

5. Online Orders

When you place an order on the Site, we will send you an order confirmation via email or text message. However, your order is not binding until accepted by us.

We reserve the right to refuse service or cancel orders at our sole discretion. Once your order is accepted and shipped, we will send you a shipment confirmation with carrier tracking information.

The approximate shipment date on your order refers to the date that we transmit your order details to our third party shipping partner. We make every effort to ensure timely delivery, but shipment dates are estimates only and cannot be guaranteed.

6. Product Information

My Magic Mud attempts to be as accurate as possible with all information regarding products, including images, descriptions, pricing, availability, and shipment dates. However, we do not warrant that such information is accurate, complete, reliable, current, or error-free.

Product images and colors may differ from actual products due to screen and printer limitations and color reproduction variances. We reserve the right to correct any unintentional errors in pricing or descriptions at any time.

7. Payment

You agree to provide a valid method of payment for all purchases made on this Site. We accept major credit and debit cards. You represent that you are authorized to use the payment method you provide.

Taxes and shipping costs may be added at checkout where applicable. If your order cannot be processed or is canceled, we will attempt to notify you.

8. Shipping & Delivery

We offer shipping within the United States. Shipping costs and delivery time estimates will be presented during checkout based on your order details.

You assume all risk of loss or damage for purchases made hereunder upon delivery of products by us to the carrier. We are not liable for delivery delays or failures caused by the carrier or other events outside of our control.

9. Returns & Refunds

If you are not fully satisfied with your purchase from My Magic Mud, you may request a refund or exchange within 30 days of delivery for a full refund of the purchase price, minus shipping costs.

To request a return and refund, please contact Customer Service at [email protected]. We may require return of the product(s) for refund or exchange.

Used, damaged, or expired products cannot be returned or exchanged. Customized products are non-refundable. We reserve the right to refuse returns or exchanges for any reason.

Refunds may take 3-5 business days to process once the product is received. We will notify you once your return is processed.

10. User Content

By posting, uploading, inputting, providing or submitting any content, media or materials to the Site (“User Content”), you grant My Magic Mud a perpetual, worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works, distribute, publicly display or perform, translate, or incorporate such User Content into any form, medium, or technology now known or later developed throughout the universe.

You warrant that you have all legal rights necessary to provide the User Content and that your User Content will comply with these Terms. You hereby waive any moral rights you may have in any User Content.

My Magic Mud takes no responsibility for and does not expressly or implicitly endorse any User Content. We reserve the right to remove, delete, move, edit or reject any User Content without notice for any reason.

11. Prohibited Conduct

You may not:

• Post any User Content that violates any law, infringes any third party intellectual property or other rights, or is defamatory, obscene, pornographic, hateful, violent, vulgar, indecent or inappropriate;
• Use the Site for any commercial or political purpose;
• Impersonate any person or falsely claim an affiliation with any person or entity;
• Distribute unsolicited advertising or bulk communications of any kind;
• Harvest, collect or gather user data without explicit consent;
• Attempt to circumvent any Site security or access private My Magic Mud data or systems;
• Introduce any malware, viruses, data breaches or security exploits.

My Magic Mud may report potentially criminal activity to appropriate law enforcement agencies. We may block, restrict, disable, suspend or terminate your access to all or part of the Site at any time for any reason without prior notice.

12. Intellectual Property

The Site contains intellectual property owned by My Magic Mud, including trademarks, copyrights, proprietary information and other intellectual property. You may not copy, distribute, modify or make derivative works of any Site content.

Any unauthorized use of intellectual property contained on the Site may violate copyright laws, trademark laws, privacy laws, laws of publicity, and other regulations and statutes. You are solely responsible for ensuring that your use of Site content lawfully complies with all applicable laws.

13. Third Party Links & Content

The Site may contain links to third party websites and applications (collectively “Third Party Content”). We provide Third Party Content only as a convenience and are not responsible for any Third Party Content.

Your use of Third Party Content is at your own risk and subject to the terms and conditions of such Third Party Content. The inclusion of any link or integration of Third Party Content does not imply we endorse such content.

14. Disclaimer of Warranties

The Site and all data, content, materials, information, software, products and services provided on the site are provided on an “as is” and “as available” basis without warranties of any kind to the fullest extent permitted by law.

My Magic Mud disclaims any and all representations and warranties of any kind concerning any content, services, or products provided on or in connection with use of the site. My Magic Mud does not warrant that the site or services will be operational, secure, accurate, complete, uninterrupted, without error, or virus free.

15. Limitation of Liability

My Magic Mud is not liable for any damages arising out of or in connection with your use of the site. This includes:

• Any direct, indirect, special, punitive, exemplary, consequential losses or damages;
• Loss of profits, business interruption, loss or corruption of data;
• Loss of goodwill, reputation or opportunity; or
• Cost of cover or reliance damages arising from your access to, use of, inability to use, or reliance on any content, products or services.

This limitation applies regardless of the legal theory under which liability is asserted and whether or not My Magic Mud has been advised of the possibility of such liability or damages. Other limitations may apply.

16. Indemnification

You will defend, fully indemnify and hold harmless My Magic Mud and its officers, directors, employees, contractors and agents from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of the Site;
• Any User Content;
• Any breach by you of these Terms;

This defense and indemnification obligation applies regardless of whether the claim arises from negligence, gross negligence, willful misconduct, fraud, misrepresentation, strict liability or any other legal theory.

17. Termination

My Magic Mud may suspend, restrict or terminate your access to the Site and your account at any time for any reason without notice or liability. We reserve the right to change, suspend or discontinue all or any part of the Site without notice.

These Terms remain in effect after termination, as applicable. Our warranty disclaimers, limitations of liability, ownership of content and choice of law provisions survive any termination.

18. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Tennessee without regard to conflict of law principles. You agree that any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Nashville, Tennessee.

You hereby irrevocably submit to personal jurisdiction and venue in Nashville, Tennessee and waive any jurisdictional, venue or inconvenient forum objections to such courts.

19. Severability

If any provision of these Terms is deemed unlawful, void or unenforceable for any reason, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

20. No Waiver

Any failure by My Magic Mud to enforce these Terms or to respond to any breach by you does not waive our rights to enforce these Terms or respond to future breaches.

21. Contact Us

Please contact us at [email protected] with any questions regarding these Terms or your use of this Site.

Conclusion

Thank you for taking the time to review our Terms & Conditions. By using our Site and purchasing our products, you accept these Terms. Please contact us if you have any questions!