Welcome to Mulberry Park Silks. This terms of use and our privacy policy constitute an agreement (“Agreement”) between you and Mulberry Park Silks, LLC, its subsidiaries, affiliates, and third-party associates (“Mulberry Park Silks”). Mulberry Park Silks runs this website that provides information on and allows for purchase of Mulberry Park Silks products (the “Website”). The Agreement applies to anyone (referred to as “users”, “user”, “you”, or “your” as applicable) who uses any of the services Mulberry Park Silks offers which include, without limitation, accessing, using, or making purchases from the Website (collectively, the “Services”).
 
By accessing or using the Services, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms. If you do not agree, then please do not use the Services.
 
The Effective Date of this Agreement is October 31, 2019.

MODIFICATIONS
 Mulberry Park Silks reserves the right, in its sole discretion, to modify or add to this Agreement at any time, for any reason (“Updated Terms”). The Updated Terms shall be included in a revised version of this Agreement accessible through the Website. Mulberry Park Silks may provide notice of significant changes to this Agreement as required by law.
 
Your use of the Services following the posting of any Updated Terms constitutes your unconditional acceptance and agreement to be bound those changes. You must cease using the Services immediately if you do not agree to be bound by the Updated Terms.
 
The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of the Services from that point forward. 

GENERAL CONDITIONS
You agree to the following conditions for your use of the Services:

• Mulberry Park Silks reserves the right to refuse Services 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. 

PROHIBITED USES
In addition to any other prohibitions as set forth in the Agreement, you are prohibited from using the site or its content for:

• Any unlawful purpose;
• To solicit other to perform or participate in any unlawful act;
• To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• To harass, abuse, insult, harm, defame, slander, disparage, intimate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• To submit false or misleading information;
• To upload or transmit viruses or any other type of malicious code that will or may be used n any way that will affect the functionality or operation of the Services or of any related website, other websites, or the internet;
• To collect or track the personal information of others;
• To spam, phish, pharm, pretext, spider, crawl, or scrape;
• For any obscene or immoral purpose; or 
• To interfere with or circumvent the security features of the Services or any related website, other websites, or the internet. 

ACCURACY OF BILLING AND ACCOUNT INFORMATION 
You will be required to establish an account on the Website (an “Account”) to access certain portions of the Services. Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature. Each Account is for your personal use and each Account ID may be used only by you alone. We reserve the right to refuse any order that 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 that use the same billing 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 email address, billing address, or telephone number that you provided at checkout or associated with your Account.
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 in our store. You agree to promptly update your account and other information, including your email address, telephone number, credit card number, and expiration dates, so that we can complete your transactions and contact you as needed. 

PHYSICAL PRODUCTS 
Products available through our website are subject to return or exchange as outlined in our return policy below. We have made every effort to display as accurately as possible the colors and images of our products. 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 to any person, geographic region, or jurisdiction. We may exercise this right of a case-by-case basis. 

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Mulberry Park Silks. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. 

ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges transmit 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 on the Website or related website is inaccurate at any time without prior notice (including after you have submitted the order). In such a case, we will attempt to contact you by email address, billing address, or telephone number to inform you of the change in order status. 

SHIPPING
During checkout, applicable shipping charges will be calculated. Free shipping is applicable to orders within lower 48 US States. Shipping charges will be calculated during checkout if you are not in the lower 48 US States.

We aim to ship orders as quickly as possible and get you into your Mulberry Park Silks. Orders placed earlier in the day will usually ship the same day, or by the next business day. Orders placed during holiday periods listed on the FAQ page or during busy periods may take up to three business days to ship.  
With free shipping (within lower 48 US States), please allow up to 5 to 7 business days to receive your order. Please chat or contact us if you need a specific delivery date, and we’ll do our darnedest to help you out. You can also choose an expedited shipping option at checkout, if you’d like to get your Mulberry Park Silks faster. For more details on our shipping policy, including which countries our products are currently available in.
 
RETURN POLICY FOR PHYSICAL PRODUCTS
We believe you will love the luxury and ease of your Mulberry Park Silks sheets and we stand behind the quality of our products. Returns for most products can be made within 100 days of delivery, unless otherwise stated on the product page or transaction confirmation, or the product does not comply with the condition required in our return policy. The returned product must be in usable condition. Gift cards or any items marked FINAL SALE or NON-RETURNABLE are not eligible for returns. 

To initiate a return, please email: [email protected] to request a Return Merchandise Authorization (RMA). Once the RMA is provided you will be able to ship your return to the warehouse. For orders within the lower 48 states, a shipping label will be provided to you when the RMA is issued. Once your returned items are received by the warehouse please allow 5-10 business days for processing. Once reviewed and accepted by Mulberry Park Silks, the return will be refunded to the original form of payment less any discounts applied at purchase, shipping fees, and processing fees. For more information about our return policy .
 
WARRANTIES AND DISCLAIMERS
You represent and warrant that: 

• you have the legal right and authority to enter into this Agreement; 
• you have the legal right and authority to perform its obligations under this Agreement and to grant the rights and licenses described in this Agreement.
• you are 18 years of age or older. 

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND Mulberry Park Silks EXPRESSLY DISCLAIMS, AND YOU DISCLAIM ANY RELIANCE ON, ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Mulberry Park Silks WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.

LIMITATION ON LIABILITY
Mulberry Park Silks SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF THE WEBSITE, CONTENT, OR SERVICES, EVEN IF Mulberry Park Silks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF SUBMISSIONS, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. Mulberry Park Silks’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES OR $2,000, WHICHEVER IS GREATER. YOU AGREE THAT Mulberry Park Silks WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, Mulberry Park Silks’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Mulberry Park Silks, their respective officers, directors, agents, and employees from and against any actions, claims, lawsuits, and causes of action, whether or not involving a third party, collectively defined as “Claims”, and all damages, awards, penalties, liabilities, costs, and expenses, including reasonable attorney’s fees arising out of this Agreement or your use of the services. Mulberry Park Silks may select and retain counsel to represent it at your own expense. Without limitation, reasonable attorney’s fees and costs shall include attorney’s fees and costs required to enforce this indemnification provision. You shall promptly notify Mulberry Park Silks of any claim or intended suit against Mulberry Park Silks.

TRADEMARKS
The names, titles, trademarks, service marks, and logos that appear on the Website are registered and unregistered marks of Mulberry Park Silks (“Trademarks”). You may not use the Trademarks without Mulberry Park Silks’s prior, written permission.

The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Trademarks or may be construed to mean that Mulberry Park Silks has authority to grant any right or license on behalf of any third party trademark owner.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, whether or not at our request, you submit ideas, suggestions, proposals, plans, or other materials, by email 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 this Agreement. 

You may not use a false email address, pretend to be someone either than yourself, or otherwise mislead Mulberry Park Silks 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. 

INTEGRATION WITH THIRD-PARTY SERVICES AND USE OF PAYMENT PROCESSORS 
Mulberry Park Silks utilizes the Shopify platform to host this Website. You are encouraged to review the terms of Shopify so that you understand how this integration works. Mulberry Park Silks shall rely on the fact that you have reviewed those materials and consented to their terms. 

Mulberry Park Silks may incorporate various options to be used to process your payments (“Payment Processors”). Mulberry Park Silks has no control or input on these Payment Processors. You acknowledge and agree that before using the Payment Processor you have read and agree to the applicable terms and conditions. 

You further acknowledge and agree that Shopify, Payment Processors, and any other third party services  made available to you in connection with Mulberry Park Silks are offered “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement, including but not limited to the services being available and error-free. You agree that Mulberry Park Silks shall have no liability whatsoever arising from or relating to  your use of Shopify, Payment Processors, or other third parties. 

DISPUTE RESOLUTION
For any and all dispute you may have with Mulberry Park Silks, you agree to first contact Mulberry Park Silks and attempt to resolve the dispute informally. In the unlikely event that Mulberry Park Silks has not been able to resolve a dispute within 30 days, you and Mulberry Park Silks each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) in connection with the Services, including breach or alleged breach of this Agreement and other “Claims”, by binding arbitration.

Unless you and Mulberry Park Silks decide otherwise, arbitration will be conducted in San Diego, CA. Each party will be responsible for paying its own equally proportionate share of any filing, administrative, and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service.

TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Mulberry Park Silks ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION

FORCE MAJEURE
Mulberry Park Silks shall be excused from performance under this Agreement, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Mulberry Park Silks.

SEVERABILITY 
If any portion of this Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms will remain valid and enforceable. Upon such determination that any term is invalid, illegal, or incapable of being enforced, you shall negotiate in good faith with Mulberry Park Silks to modify this Agreement to affect the original intent of the drafters as closely as possible to the fullest extent permitted by applicable law.

GOVERNING LAW
This Agreement is governed by the laws of the State of California, without regard to any conflict of laws rules or principles. Mulberry Park Silks’s failure to enforce any right or provision of this Agreement shall not be considered a waiver of those rights. 

QUESTIONS AND CONTACT INFORMATION
You can find additional information on Mulberry Park Silks services . Please contact Mulberry Park Silks if you have any questions about this Agreement at:  [email protected]

ENTIRE AGREEMENT
This Agreement is the complete and exclusive agreement between you and Mulberry Park Silks regarding your access to and use of the Services. This Agreement supersedes any prior agreement or proposal, oral or written, and any other communications between you and Mulberry Park Silks relating to your use of the Services. In the event of any conflict between the terms of any such agreement and this Agreement, then the terms of this Agreement shall control.