Terms of Use

These Terms of Use govern the use of the Website (the “Site”) operated by MOM AND POP CULTURE COLLECTIBLES, LLC, a New York Limited Liability Company, (“us” or “we” or “our”), by You, “the User”, whom We and You are collectively referred to as “The Parties”.

YOUR ACKNOWLEDGEMENTS AND WARRANTIES
By using the Site, You hereby consent to our Terms of Use, including any changes we may make. You shall not use our Site for any illegal or unauthorized purposes. You shall not transmit any viruses nor destructive code of any kind. You shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, without express written permission by us. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

AGE OF USER
You must be at least eighteen (18) years of age to use our Site. Minors under 18 years of age and at least 13 years of age are permitted to use our Site only if they have permission and direct supervision by a parent or guardian. Children under age 13 are not permitted to use our Site. You are responsible for any and all account activity conducted by a minor.

OUR RESERVATION OF RIGHTS
We reserve the right to terminate your use of the Site at any time, for any reason, at our sole discretion. We reserve the right to limit, prevent, refuse, or deny the sale of any product, to any person, at any time, at our sole discretion. All descriptions of products or product pricing are subject to change at any time without notice.

DISCLAIMER OF WARRANTIES
We make no warranty as to the quality, merchantability, nor fitness of purpose, nor non-infringement of any product, and any product is sold “as-is”, and is not subject to any refund policy. We have made every effort to display as accurately as possible the colors and images of our products. Occasionally, there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and/or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders, at any time, without prior notice, including after you have submitted your order.

RELATIONSHIP OF THE PARTIES
No use of the Site shall be construed to create a partnership, joint venture, or any other business enterprise or entity, between the Parties. No promises or inducements have been made by either Party to the other, except as expressly provided herein. 

INDEMNIFICATION
You agree to indemnify, defend, and hold Us harmless, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Use.

FORCE MAJEURE
In the event of a war, strike, riot, terrorist attack, epidemic, pandemic, plague, or any such "Act of God" including but not limited to hurricane, flood, earthquake, fire, virus, influenza, etc., which prevents us from fulfilling our obligations under the agreement, we reserve the right to suspend our obligations for the duration of the force majeure.

BREACH
No breach by Us shall be deemed material unless You have given written notice of said breach to Us, we have acknowledged receipt of the notice, and We fail to cure such breach within thirty (30) days, after acknowledgement of the receipt of said notice. In the event We bring an action to enforce a breach by You, it is mutually agreed that a reasonable attorneys fee is 33 1/3% (thirty-three and one-third percent) of the amount due and owing, with interest to be calculated and compounded at a rate of 1 ½% (one and one-half percent) per month, per annum. 

VENUE AND JURISDICTION
This agreement shall be construed in accordance with the Laws of New York State. The parties agree that in the event You wish to bring any action or claim against Us, the exclusive jurisdiction shall be fixed in the Supreme or District Court of Suffolk County, State of New York. 

CONSTRUCTION OF THIS AGREEMENT
These Terms of Use constitute an agreement which represents the entire understanding between the Parties, and supersedes any and all previous agreements, whether written or oral. We reserve the right to make changes to these Terms of Use from time to time, and you agree to be bound by any changes that we make, without notice necessary. The captions in this Agreement are for convenience only and are not to be considered in construing this Agreement. Whenever the text requires, the use of a singular number shall include the appropriate plural number as the text of the agreement may require, and vice versa. All pronouns shall be deemed to be the masculine, feminine, neutral, singular, or plural as the identity of the person or persons may require. References to a person or persons shall include partnerships, corporations, limited liability companies, unincorporated associations, trusts, estates and other types of entities.  If any provision of this agreement is held void or unenforceable, it shall not affect the enforceability of any other term or condition in this agreement, and shall not void any liability of any party to this agreement.  A facsimile or electronic copy of this Agreement shall be deemed an original for all purposes. We incorporate herein by reference, any terms and conditions of our Privacy Policy.