Terms of Service
Effective February 1, 2021

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AS A CUSTOMER, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS AND THE TERMS OF THE FAQs, Safety Guide and Disclaimer, User Posting Guidelines, and Privacy Policy on the website.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH Spoonfed Motivation, LLC OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.spoonfedmotivation.com (the "Site"). These Terms are subject to change by Spoonfed Motivation, LLC. (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9).

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email. Acceptance of your order and the formation of the contract of sale between Spoonfed Motivation, LLC. and you will not take place unless and until you have received your order confirmation by email. You have the option to cancel your order at any time before your order has been fulfilled by emailing our Customer Service Department at hello@spoonfedmotivation.com

3. Prices and Payment Terms.

(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be sent in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes and only include charges for shipping and handling when stated. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. If there was a pricing or typographical error on the website at the time of your purchase, we will honor the published price for one quantity of the item that you attempted to purchase.

(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept all major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

4. Shipments; Delivery; Title and Risk of Loss.

  • We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
  • Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates. We are not liable for any delays in shipments caused by third parties.

5. Returns and Refunds. Except for any products designated on the Site as non-returnable (such as subscriptions and sales/promo products), we will accept a return of damaged or defective products for an equal exchange provided such exchange is requested within 7 days and the item(s) returned within 10 days of the request. To return products, you must email hello@spoonfedmotivation.com to let us know that you would like an exchange and include photos of the damage/defect. Additionally, in your return include the original order number and tracking number for your original order. We must have all requested information in order to process the exchange and all items returned must be in its original packaging and be unused.

Mail your order to Spoonfed Motivation Media

782 Wallasey Dr.

Middletown, DE 19709

Exchanges are processed within 7-10 business days of our receipt of your merchandise. 

WE OFFER NO REFUNDS/EXCHANGES ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

6. Damaged Products. We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at hello@spoonfedmotivation.com.

7. Product Information. The Products displayed on the Website can be ordered and delivered only within the U.S. and certain select countries. All prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the U.S.

All material and information presented by Spoonfed Motivation Media is intended to be used for personal, educational or informational purposes only. If any minor uses any Product purchased on the Website, it should be only after the legal or parental guardian has given the minor permission.

All Products should be used strictly in accordance with their intended purpose (apparel) and any use or wear guidelines that may be presented on the Website. You should always check the materials for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for your own decision-making and evaluation of the wearability of Products in general or for any special situation. The Website is solely an online store for apparel.

8. Goods Not for Resale. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale.

9. Disputes. If you have a dispute of any kind regarding your purchase, we want to assist you. Email us at hello @ spoonfedmotivation.com with the details of your dispute. If we are unable to reach a resolution, the procedure detailed in Section 15 is available to you.

10. Intellectual Property Use and Ownership. Spoonfed Motivation, LLC is and will remain the sole and exclusive owners of all intellectual property rights in and to each product made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual property rights relating to those products.

11. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, spoonfedmotivation.com governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

12. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

13. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of

14. Formal Dispute Resolution and Binding Arbitration.

  • YOU AND Spoonfed Motivation, LLC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

  • The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

15. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Spoonfed Motivation, LLC.

16. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

17. Notices.

  • To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
  • To Us. To give us notice under these Terms, you must contact us by email at hello@spoonfedmotivation.com. We may update the email address for notices to us by posting a notice on the Site. Notices provided by email will be effective one business day after they are sent.

18. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

19. Entire Agreement. Our order confirmation, these Terms, our FAQs, Disclaimers, User Posting Guidelines, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.


Disclaimers

Consistency Disclaimer

Spoonfed Motivation Media may periodically add, remove, update or change information on this website at any time or discontinue any Spoonfed Motivation Media product, without prior notice.

Liability Disclaimer

IN NO EVENT SHALL Spoonfed Motivation, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT YOU PAID TO Spoonfed Motivation, LLC (Spoonfed Motivation Media) FOR ANY PRODUCT(S) AT ISSUE, EVEN IF Spoonfed Motivation, LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS WEBSITE. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST Spoonfed Motivation, LLC or Spoonfed Motivation Media WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCTS OR GOODS THROUGH THIS WEBSITE UNLESS SUCH ACTION OR PROCEEDING IS BROUGHT WITHIN 90 DAYS OF SUCH USE OR PURCHASE AND BROUGHT WITHIN THE STATE OF GEORGIA, WITH GEORGIA CHOICE OF LAW.

Indemnity

By use of this website and purchase of Spoonfed Motivation Media products you agree to and shall indemnify and hold harmless Spoonfed Motivation, LLC, its officers, directors, employees and agents, from and against all claims, debts, liabilities, demands, obligations costs, expenses, actions causes of action and claims for relief including those brought by any third party, including reasonable attorneys’ fees, asserted against or alleged to be caused by your use of this website or any Spoonfed Motivation Media product.

Privacy Policy

Spoonfed Motivation, LLC protects customer information according to the Privacy Statement posted on this Site. The Privacy Statement, as amended from time to time, is hereby incorporated by reference.

BY ORDERING FROM OUR WEBSITE YOU CONFIRM YOU HAVE READ, UNDERSTAND AND AGREE TO Spoonfed Motivation Media TERMS OF USE AND THE TERMS AND CONDITIONS SET FORTH ABOVE.


User Contributions Guidelines & Policy

This User Contributions Policy together with the Terms of Use, provide the rules for your participation in tagging, sharing, messaging, submitting, writing, and/or posting photographs, video, your social media handle, and/or any other content posted to our Website, Amazon pages, and/or on social media platforms, such as:

  • Instagram
  • Facebook
  • Pinterest
  • Twitter
  • Snapchat
  • And all other social media platforms

Additionally, the Website may contain quizzes, comment sections, reviews,  social media sharing buttons and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

 Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and our respective licensees, successors, and assigns the royalty-free right to use, reproduce, republish, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You specifically grant us the right to republish reviews posted on the Website on social media or other third party platforms.

 You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with the Terms of Use.

 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Spoonfed Motivation, LLC (“Company”), have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement

We may remove any content, at any time, without notice, and at our discretion. Furthermore, we have the following rights:

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website, including without limitation, any violation of the Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

By sharing a User Contribution you agree that:

  • You are the sole author and owner
  • For content that is covered by intellectual property rights, like photos and videos (IP content), you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post
  • You have permission from any other person(s) featured in your submission
  • All "moral rights" that you may have in the User Posting has been voluntarily waived by you
  • All content that you post is accurate
  • You are at least 13 years old
  • use of the content you supply does not violate our Terms of Use or Privacy Policy
  • As required by FTC, you will disclose any material connection to Company including receipt of free product samples for review purposes or other compensation or affiliation

Content Standards

 These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • Unless, you are a blog contributor, then you shall not post any information that references other websites, addresses, email addresses, contact information or phone numbers for you or anyone else.
  • Post any material that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Company, its parent company, as well as, its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

By submitting a User Posting, you agree that Company may use your content and/or Social Media Username to contact you regarding your Using Posting and for other purposes consistent with our Privacy Policy.

Reliance of Information Posted

This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please email us at hello@spoonfedmotivation.com. It is the policy of the Company to terminate the user accounts of repeat infringers.



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