Terms of service
Read in entirety prior to Purchase:
The company MELO Labs, Inc. operates this website. The terms "we", "us", and "our" are used throughout this website to refer to MELO Labs, Inc. This website, including all information, tools, and services available through this site, is provided by MELO Labs, Inc. to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices mentioned here.
You engage in our "Service" by visiting our site and/or purchasing products from us, and you agree to be bound by the following terms and conditions ("Terms of Service" or "Terms"), including such additional terms and conditions and policies linked herein and/or available by hyperlink. These Terms of Service apply to all site users, including, but not limited to, browsers, vendors, customers, merchants, and/or content contributors.
Before accessing or using our website, please read these Terms of Service thoroughly. By accessing or using any portion of this website, you accept these Terms of Service. If you do not agree to this Agreement's Terms and Conditions in their entirety, you are not permitted to use the website and/or use any services. If these Terms of Service are an offer, acceptance is explicitly limited to these terms.
Any additional tools or features introduced to the current store are likewise subject to the Terms of Service. This page contains the most recent version of the Terms of Service at all times. We retain the right to modify or replace any portion of these Terms of Service by publishing updates and/or modifications on our website. You are responsible for periodically checking this page for changes. Your continued use or access of the website after the posting of any modifications implies acceptance of those modifications.
Our ecommerce platform is Shopify Inc. They provide the e-commerce platform that enables us to sell you our products and services online.
Section 1 - Online Shop Conditions
You affirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any local laws while using the Service (including but not limited to copyright laws). Any violation of these Terms will result in the immediate termination of your Services.
Section 2 - General Conditions
We have the right to deny Service to anybody at any time for any reason. You acknowledge that your content (except credit card information) may be transported unencrypted and entail (a) transmissions over multiple networks and (b) conformance and adaptation to the technological constraints of connecting networks or devices. Credit card information is constantly transmitted over networks using encryption.
You undertake not to replicate, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is given, unless we provide you prior written consent. The use of headings in this agreement is for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Information Accuracy, Completeness, and Timeliness
We are not responsible for any inaccuracies, omissions, or out-of-date content on this website. This website contains general information and should not be relied upon or used as the only basis for making decisions without accessing primary, more accurate, more complete, or more timely sources of information. You use the content on this website at your own risk.
This website could contain historical information. Historical information is inherently out-of-date and is supplied solely for your reference. We reserve the right to edit the information on this website at any time, but we are under no obligation to do so. You acknowledge that it is your obligation to monitor modifications to our website.
Section 4 - Modifications to the Service and Prices
Our product prices are subject to change without prior notice. We retain the right to alter or discontinue the Service (or any portion or content thereof) at any time and without prior notice. For any modification, price change, suspension, or discontinuance of the Service, we shall not be liable to you or any third person.
Section 5 - Goods or Services (if applicable)
Certain products or services may be exclusively available online via the website. These products or services may be available in limited numbers and may only be returned or exchanged in accordance with our Return Policy.
We have made every attempt to display the colors and images of our products that appear on the site as precisely as possible. We cannot guarantee that the colors seen on your computer monitor are correct.
We reserve the right, but are not bound, to restrict the sale of our products or Services to any individual, geographic location, or governing body. We may exercise this privilege on an individual basis. We have the right to place limits on the quantity of any items or Services we provide. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We have the right to discontinue any product without prior notice. Any offer on this website for a product or service is invalid where prohibited.
We make no guarantee that the quality of any items, services, information, or other material purchased or accessed by you will match your expectations, nor that any faults in the Service will be fixed.
Section 6 - Accurate Billing and Account Information
We reserve the right to decline any order that is placed with us. We reserve the right, in our sole discretion, to set purchase limits per person, per household, or per order.
These limits may apply to orders that are placed by or under the same customer account, payment card, and/or billing and/or delivery address. We may attempt to notify you by contacting the e-mail and/or billing address/phone number supplied at the time the order was placed. We have the right to limit or reject orders that appear to be placed by dealers, resellers, or distributors, based on our sole discretion.
For any purchases made at our store, you agree to provide current, complete, and accurate purchase and account information. You agree to maintain accurate account information, including your email address, credit card numbers and expiration dates, so that we can process your purchases and contact you as necessary.
Section 21 - Health Related Information
You should not rely on any health-related content, information, or materials on the Site as a replacement for the advice of your physician or other qualified health care expert. You are strongly encouraged to seek the advice of a medical doctor or other qualified health care professional before using the content, information, products, or materials on the Site for diagnosing, treating, curing, or preventing any disease, condition, or health matter, including, but not limited to, if you are pregnant, nursing, taking medication, or have a history of heart conditions. Information, content, and statements provided by us on the Site have not been evaluated by the Food and Drug Administration, and the items sold on the Site are not meant to diagnose, treat, cure, or prevent any illness. These findings are not typical for all products, and not everyone will experience them. Consult a physician or your alternative health care provider if you have a medical ailment or concern.
Before using any new product, including The Melo Brand personal diffusers, consult a physician. Some of the goods on this website may interact with the prescriptions you are now taking. These devices should not be used in place of the advice of your physician. Regarding any health-related concerns, you should visit your personal physician. Different individuals may react differently to the components in The Melo Brand's personal diffuser, and unpleasant reactions are possible. These goods are utilized at your own risk. If you are concerned about a possible allergic reaction, you should not use The Melo Brand goods. Stop using the product immediately if you suffer any negative effects or probable side effects, and contact your healthcare professional.
Section 22 - Minimum Age to Purchase Products
The Melo Brand's website is restricted to users who are at least 18 years of age. We will not gather personal information from anyone under 18 years old. Individuals under the age of 18 are not permitted to use our website or submit personal information. You must be at least 18 years old or the legal age in your state or province of residence, whichever is older. It is possible for things purchased on our website to be acquired for family use and utilized by children under the age of 18 without The Melo Brand's knowledge. If this occurs, any information acquired from usage will be associated with the adult purchaser's personal information.
Our company policy requires buyers to be at least eighteen years old. Any sale of The Melo Brand products to a person under the age of majority violates our terms of sale. As a condition of our checkout procedure, The Melo Brand needs consumers to submit a legal age certification statement.
Section 23- Prohibiting Class Actions
You waive your right, to the extent permitted by law, to pursue any claim or dispute on a class-wide basis, to join your claim or dispute with that of any other person or entity, or to assert a claim in a representative capacity on behalf of any other party in any lawsuit, arbitration, or other proceeding.
Section 24 - Compulsory Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS ANY OTHER RIGHTS YOU MAY HAVE. IT PROVIDES FOR THE BINDING ARBITRATION INSTEAD OF LITIGATION OF ALL DISPUTES AND CLAIMS, EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED RESALE, EXPORT, ALTERATION, AND/OR TAMPERING OF YOUR THE MELO BRAND PRODUCTS, IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM IN GOOD FAITH. AN ARBITRATION IS BINDING AND REVIEW BY A COURT IS EXTREMELY LIMITED. THIS ARBITRATION PROVISION SHALL SURVIVE THE TERMINATION OF THIS CONTRACT.
This section is designed to cover all disputes or claims arising out of your relationship with The Melo Brand, arising out of or relating to your purchase of any products from The Melo Brand, regardless of whether they are based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. Nothing in this arbitration provision shall prevent The Melo Brand from filing claims in state or federal court over the unauthorized resale, export, modification, or tampering of any goods purchased by you. Where allowed by law, all claims will be handled by binding arbitration. Any claim or disagreement shall be arbitrated by a single neutral arbitrator in accordance with the rules and procedures of the American Arbitration Association ("AAA").
You and The Melo Brand agree that your purchase of a product from The Melo Brand constitutes an interstate commerce transaction, and that this arbitration provision shall be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. The arbitrator must decide all matters, including the extent of this arbitration clause, but is bound by the rules of this Agreement. Unless The Melo Brand and You agree otherwise in writing, such arbitration shall take place in Los Angeles, California. The Melo Brand and You agree, except where prohibited by law, that no arbitrator shall have the right to award punitive damages or other damages not measured by the prevailing party's actual damages. You must send all notices required by this clause by mail to 2146 Parker Street, Suite D6, San Luis Obispo California 93401.
Section 25 - Your Content
By using our website or purchasing our product, you accept that we may utilize your social media posts relating to our brand or product for commercial purposes, including but not limited to social media advertising, email marketing, SMS marketing, and so on.
Program conditions for SMS/MMS mobile messaging marketing
MELO Labs, Inc. provides a mobile messaging service (the "Program"), which you agree to use and participate in in accordance with these Mobile Messaging Terms and Conditions and Privacy Policy (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to address any disagreements with us through binding, individual arbitration, as described in "Dispute Resolution" below. This Agreement is restricted to the Program and is not intended to affect any other Terms and Conditions or Privacy Policy governing your connection with Us in other contexts.
User Opt In
Users can receive SMS/MMS mobile messages by affirmatively enrolling into the Program, such as via web or application-based enrollment forms. You acknowledge that this Agreement governs your participation in the Program regardless of the opt-in method you used to join. By participating in the Program, you consent to receive autodialed or prerecorded mobile marketing messages at the phone number associated with your opt-in, and you acknowledge that consent is not required to complete a purchase from Us. While you consent to receive messages delivered using an autodialer, nothing in this section should be construed to suggest or imply that any or all of Our mobile communications are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). There may be messaging and data fees. Message frequency varies.
User Opt Out
You agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program if you do not wish to continue participating or if you no longer agree to this Agreement. You may receive an extra text message confirming your opt-out decision. You acknowledge and agree that the aforementioned opt-out options are the only viable alternatives. You also acknowledge and agree that any other manner of opting out, including but not limited to texting terms other than those listed above or directly requesting one of our workers to remove you from our list, is not an acceptable form of opting out.
Duty to Inform and Indemnify
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including by canceling your service plan or selling or transferring the phone number to a third party, you agree to complete the User Opt Out process outlined above prior to discontinuing your use of the mobile telephone number. You acknowledge and agree that your consent to do so constitutes a material part of these terms and conditions. You further agree that if you discontinue using your mobile telephone number without notifying Us of such change, you will be responsible for all costs (including attorneys' fees) and liabilities incurred by Us or any party that assists in the delivery of mobile messages as a result of claims brought by individuals who are later assigned that mobile telephone number. This obligation and agreement shall survive any termination or cancellation of your participation in any of our Programs.
YOU AGREE THAT YOU SHALL DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. 227, et seq., OR SIMILAR STATE.
Program Specification
Without limiting the scope of the Program, users who opt-in to the Program can expect to receive messages regarding the promotion and sale of a variety of self-care consumer products. There may be checkout reminders in messages.
Price and Recurrence
There may be messaging and data fees. Message frequency varies. The Program entails frequent mobile communications, and additional mobile messages may be issued dependent on your interaction with Us.
Help with Instructions
Text "HELP" to the number you got messages from or email us at devon@themelobrand.com for assistance with the Program. Please be advised that using this email address to opt out of the program is not permitted. Opt-out requests must be submitted according to the methods outlined above.
MMS Disclosure
If your mobile device does not support MMS functionality, the program will transmit SMS TMs (terminating messages).
Our Disclaimer of Warranty
The Program is provided "as is" and may not be available in all regions or at all times. It may also cease to function if your wireless carrier makes modifications to its products, software, coverage, or other factors. We are not responsible for any delays or difficulties in receiving mobile texts related to this program. Delivery of mobile messages is contingent upon successful transmission from your wireless service provider/network operator, which is beyond Our control. Carriers are not accountable for delayed or undelivered mobile communications.
Participant Requirements
You must have your own wireless device capable of two-way messaging, be using a participating wireless carrier, and be a subscriber to a wireless service that includes text messaging. Not all cell phone service providers offer the required service to participate. Check your phone's text messaging capabilities for specific instructions.
Age Limitation
You may not use or interact with the Platform if you are under the age of eighteen (18). If you are under the age of eighteen (18), you must have parental or legal guardian consent to use or interact with the Platform. By using or interacting with the Platform, you recognize and agree that you are not under the age of eighteen (18), are under the age of eighteen (18) and have parental or legal guardian consent to use or interact with the Platform, or are of legal adult age in your jurisdiction. By using or interacting with the Platform, you recognize and accept that your jurisdiction's Applicable Law permits you to use or interact with the Platform.
Prohibited Content
You acknowledge and agree not to transmit any content that is prohibited via the Platform. Among the prohibited content are:
- Any behavior that is fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking;
- Offensive material, such as profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
- Infected computer programs, viruses, worms, and other malicious malware;
- Any product, service, or marketing that is illegal in the area where it is received;
- Any content that implicates or refers protected health information under HIPAA or HITEC;
- Other content banned by Applicable Law in the jurisdiction from which the mail was sent.
Dispute Resolution
In the event of a dispute, claim, or controversy between you and Us, or between you and/or any other third-party service provider acting on Our behalf to transmit mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement, the parties agree to submit the dispute, claim, or controversy to binding arbitration.
The parties agree to submit the disagreement to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in effect at the time of the dispute. Except as otherwise provided herein, the arbitrator shall apply, without regard to its conflict of laws rules, the substantive laws of the Federal Judicial Circuit where MELO Labs, Inc.'s principal place of business is located. Within ten (10) calendar days following service of the arbitration demand on a party, the parties must jointly pick an arbitrator with at least five years of experience in that capacity and with knowledge and experience of the subject matter of the dispute. In the event that the parties are unable to agree on an arbitrator within ten (10) calendar days, a party may ask the AAA to appoint an arbitrator who meets the same experience criterion. The arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act ("FAA") in the case of a dispute. In place of pursuing emergency injunctive relief from a court, the parties agree that the Emergency Measures of Protection regulations of the AAA shall apply. The arbitrator's decision shall be final and binding, and neither party shall have any appellate rights other than those specified in section 10 of the FAA. Each party shall be responsible for its proportionate share of the arbitrator and arbitration administration fees; however, the arbitrator shall have the authority to require one party to pay all or a portion of such fees as part of a reasoned conclusion.
The parties agree that the arbitrator's authority to award attorneys' fees should be limited to the extent expressly permitted by statute or contract. The arbitrator shall have no authority to award punitive damages, and each party waives any right to seek or recover punitive damages in any arbitration-resolved matter. The parties agree to arbitrate only on an individual basis, and this agreement prohibits class arbitration and claims asserted as a class representative or member. Unless required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless disclosure is necessary to defend or assert a lawful claim. In the event that any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or render such term or provision invalid or unenforceable in any other jurisdiction. The parties waive their right to a jury trial if for whatever reason a dispute moves to court rather than arbitration. This arbitration clause shall survive any cancellation or termination of your participation agreement with any of our Programs.
Miscellaneous
You warrant and represent to Us that you have all rights, power, and authority necessary to agree to these Terms and perform your responsibilities hereunder, and that nothing in this Agreement or in the performance of such obligations will cause you to break any other agreement or duty. The failure of any party to exercise any of its rights under this agreement will not be considered a waiver of those rights. If any section of this Agreement is determined to be invalid or unenforceable, that provision will be reduced or removed to the minimal extent required so that this Agreement will be valid and enforceable. Unless specifically indicated differently in writing, this Agreement applies to any new features, modifications, updates, or enhancements to the Program. We retain the right to modify this Agreement on occasion. You will be informed of any modifications to this Agreement. You acknowledge that it is your duty to periodically examine this Agreement and be aware of any modifications. By continuing to engage in the Program after such modifications, you accept the changed terms of this Agreement.
Age Policy
Our company Age Policy requires that purchasers be eighteen (18) years old or older. Any purchase of The Melo Brand products by a legal minor is a violation of our terms and conditions. As part of our checkout process, The Melo Brand requires purchasers to complete a legal age certification statement.
The Melo Brand products do not contain nicotine and tobacco derivatives. Because our products do not meet the definition of tobacco products, they are not subject to tobacco product law. Despite this, we do not recommend our products to anyone under the age of 18. As a result, we have decided to adhere to our Company Age Policy of only selling our products to legal adults.
By checking this box and agreeing to this Age Policy, you confirm that you are 18+ years old. You hereby represent and certify that you have read, understood, agreed to, and signed this agreement. Cookies are used on this website to improve user experience and to analyze performance and traffic. You hereby represent that you are at least 18 years old, or the age of majority in your state or province of residence, whichever is greater. By checking this box and agreeing to this Age Policy, you give The Melo Brand permission to share site usage data with our partners.
For questions about our Age Policy, please contact us or visit our Age Policy.
Disclaimer
The Melo Brand is a self-care company, and we recommend our products to those looking for a sense of calm. However, because everyone is different, you may react differently to the ingredients in our products, and adverse reactions may occur. You use these products entirely at your own risk. If you are concerned about an adverse reaction, you should not use our diffuser or any of our products.
The FDA has not evaluated or approved the information provided to you on this website and on The Melo Brands (Melo Labs, LLC)'s various social media sites, as well as statements and products referred to throughout this site. The Melo Brand is not a medical product, and it is not intended to diagnose, treat, cure or prevent any disease or condition. Consult a physician or your alternative health care provider if you have a health condition or concern. Before using any new product, including The Melo Brand’s, always consult a medical doctor. Please keep in mind that some of the products on this website may interact with medications you are taking. These products should not be used in place of professional medical advice. If you have any concerns about your health, you should see your doctor. The Melo Brand accepts no responsibility for improper use of our products or your reliance on the information on our various websites. Individual outcomes may differ.
Warnings
Keep out of children's reach. This product includes absolutely NO nicotine or tobacco. However, this product is not intended for or recommended for individuals under the age of 18. Do not use it if you are taking any medicine, if you have any medical condition, if you have breathing difficulties, if you are allergic to any of the ingredients, or if you are pregnant, attempting to become pregnant, or breastfeeding. Stop using and consult a physician if an allergic response, trouble breathing, or any unpleasant reaction occurs. Only use as indicated. Do not exceed the recommended dosage. Intended only for infrequent use. Not for sale to children. Not compatible with any additives.
The Food and Drug Administration (FDA) has not investigated these claims. The purpose of this product is not to diagnose, treat, cure, or prevent any disease. Made in China. Manufactured for MELO Labs, Inc. in San Luis Obispo, California.
Before making a purchase or using our products or website, you must carefully read and agree to our Terms of Service, Disclaimer, Age Policy, Refund Policy, and Privacy Policy. By making a purchase or using our products or website, you acknowledge that you have read and agreed to all of the policies and related items linked above.
Updated: September 10, 2022