TERMS & CONDITIONS
Copyright © 2015 Moldy Chum LLC. All rights reserved. The material on this site may not be reproduced and may not be distributed, publicly performed or otherwise used, except with the prior express permission of Moldy Chum, LLC (alternatively referred to as “Upstream Journey,” “We,” or “Us”).
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Moldy Chum, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose and non-infringement. Moldy Chum, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Moldy Chum, LLC does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Moldy Chum, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Moldy Chum, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Moldy Chum, LLC product is mistakenly listed at an incorrect price, Moldy Chum, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Moldy Chum, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Moldy Chum, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Your use of this site shall be governed in all respects by the laws of the state of Washington, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Upstream Journey products) shall be in the state or federal courts located in Seattle, Washington. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Upstream Journey products) must be commenced within one (1) year after the claim or cause of action arises. Moldy Chum, LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Moldy Chum, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.