Terms and Conditions of Use
Effective Date: May 2025
These Terms and Conditions (“Agreement”) constitute a legally binding contract between you (“User,” “you,” or “your”) and MMS Distro DBA Monster Metabolix, LLC (“Company,” “we,” “our,” or “us”), governing your access to and use of the website located at https://monstermetabolix.com (the “Site”), including any purchases made through the Site.
BY ACCESSING, BROWSING, OR USING THIS SITE IN ANY MANNER, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SITE.
1. Eligibility and User Representations
You represent and warrant that you are at least 21 years of age or accessing the Site under the supervision of a parent or legal guardian. You further agree that your use of the Site will comply with all applicable local, state, and federal laws and regulations.
2. Product Information and Sales Finality
All products and services provided on the Site are intended for lawful use only. All product sales are final, and no returns, refunds, or exchanges will be accepted under any circumstances, except where required by law.
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Third-party Purchases: Any items purchased at retail or third-party locations must be returned directly to the retailer, subject to that retailer’s return policy.
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No Guarantees: We make no representation or guarantee regarding the efficacy, suitability, or results of any product. Refer to our Disclaimer for detailed information.
3. Subscription Terms
By enrolling in a product subscription plan, you agree to the following terms:
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You are solely responsible for managing, modifying, or canceling your subscription prior to your next billing date.
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Any cancellation requests made after an order has been processed or shipped will apply only to future billing cycles.
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Charges will recur automatically until you take affirmative action to cancel via your account dashboard.
We reserve the right to modify subscription terms at any time, with notice provided through the Site or your account.
4. Intellectual Property
All content on this Site, including but not limited to product images, designs, text, logos, icons, and the arrangement thereof (“Content”), is the property of Monster Metabolix or its licensors and is protected under U.S. and international copyright, trademark, and intellectual property laws.
No license or right is granted to you to use any Content without our express prior written consent. Unauthorized use is strictly prohibited.
5. Disclaimers
THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MONSTER METABOLIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF INFORMATION.
We do not warrant that the Site or any functionality thereof will be uninterrupted, error-free, virus-free, or secure.
6. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MONSTER METABOLIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, PRODUCTS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE PRODUCT OR SERVICE.
Some jurisdictions do not allow the exclusion or limitation of certain liabilities or damages, in which case our liability will be limited to the fullest extent permitted by law.
7. Third-Party Links
This Site may contain links to third-party websites for your convenience. Monster Metabolix is not responsible for the content, availability, or practices of such websites, and inclusion of a link does not imply endorsement.
8. Arbitration Agreement and Class Action Waiver
YOU AGREE THAT ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, NOT IN COURT.
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Arbitration shall be conducted under the rules of the American Arbitration Association (AAA).
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The arbitration shall take place in New York, New York, unless otherwise mutually agreed.
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Each party shall bear its own legal fees and costs, unless otherwise awarded by the arbitrator.
YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.
9. Indemnification
You agree to indemnify, defend, and hold harmless Monster Metabolix, its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, losses, liabilities, damages, expenses, and costs, including reasonable attorneys’ fees, resulting from your violation of these Terms or misuse of the Site or any products.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.
Subject to the Arbitration clause above, you consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York for any disputes not subject to arbitration.
11. Modification of Terms
We reserve the right to amend or update these Terms at any time in our sole discretion. Any changes will be effective upon posting to the Site. Your continued use of the Site after such changes constitutes your acceptance of the revised Terms.
12. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
13. Contact Information
If you have any questions regarding these Terms, please contact us at:
Email: Support@mrmx.shop