Terms and Conditions
Effective date: November 4, 2021
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning regardless of
whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control
with a party, where "control" means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election of directors or other
Account means a unique account created for You to access our Service or parts of
Country refers to: Arizona, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to MindSHIFT LLC, 716 Florencia Ln, Clarkdale, AZ 86324.
Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the
attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between You and the Company regarding
the use of the Service.
Third-party Social Media Service means any services or content (including data,
information, products or services) provided by a third-party that may be displayed,
included or made available by the Service.
Website refers to Joy Kingsborough, accessible from https://www.joyandjonah.com
You means the individual accessing or using the Service, or the company, or other
legal entity on behalf of which such individual is accessing or using the Service, as
These are the Terms and Conditions governing the use of this Service and the agreement
that operates between You and the Company. These Terms and Conditions set out the rights
and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance
with these Terms and Conditions. These Terms and Conditions apply to all visitors, users
and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If
You disagree with any part of these Terms and Conditions then You may not access the
You represent that you are over the age of 18. The Company does not permit those under 18
to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and
policies and procedures on the collection, use and disclosure of Your personal information
when You use the Application or the Website and tells You about Your privacy rights and
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable
of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to supply
certain information relevant to Your Order including, without limitation, Your name, Your
email, Your phone number, Your credit card number, the expiration date of Your credit card,
Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit
card(s) or other payment method(s) in connection with any Order; and that (ii) the
information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to
payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including
but not limited to:
Errors in the description or prices for Goods
Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal
transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and
Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns
Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition
as You received them. You should also include all of the products instructions, documents
and wrappings. Goods that are damaged or not in the same condition as You received them
or which are worn simply beyond opening the original packaging will not be refunded. You
should therefore take reasonable care of the purchased Goods while they are in Your
We will reimburse You no later than 14 days from the day on which We receive the
returned Goods. We will use the same means of payment as You used for the Order, and You
will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
The supply of Goods made to Your specifications or clearly personalized.
The supply of Goods which according to their nature are not suitable to be returned,
deteriorate rapidly or where the date of expiry is over.
The supply of Goods which are not suitable for return due to health protection or
hygiene reasons and were unsealed after delivery.
The supply of Goods which are, after delivery, according to their nature, inseparably
mixed with other items.
The supply of digital content which is not supplied on a tangible medium if the
performance has begun with Your prior express consent and You have acknowledged
Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on
Our Service may be mispriced, described inaccurately, or unavailable, and We may
experience delays in updating information regarding our Goods on the Service and in Our
advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including
prices, product images, specifications, availability, and services. We reserve the right to
change or update information and to correct errors, inaccuracies, or omissions at any time
without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the
event of any occurrence affecting delivery caused by government action, variation in
customs duties, increased shipping charges, higher foreign exchange costs and any other
matter beyond the control of the Company. In that event, You will have the right to cancel
All Goods purchased are subject to a one-time payment. Payment can be made through
various payment methods we have available, such as Visa, MasterCard, Affinity Card,
American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and
authorization by Your card issuer. If we do not receive the required authorization, We will
not be liable for any delay or non-delivery of Your Order.
When You create an account with Us, You must provide Us information that is accurate,
complete, and current at all times. Failure to do so constitutes a breach of the Terms, which
may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and
for any activities or actions under Your password, whether Your password is with Our
Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately
upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights of another person or
entity other than You without appropriate authorization, or a name that is otherwise
offensive, vulgar or obscene.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any
reason such assignment is ineffective, You agree to grant the Company a non-exclusive,
perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose,
sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or
controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party web sites or services. You further acknowledge and
agree that the Company shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use of or
reliance on any such content, goods or services available on or through any such web sites
We strongly advise You to read the terms and conditions and privacy policies of any third-
party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability,
for any reason whatsoever, including without limitation if You breach these Terms and
Upon termination, Your right to use the Service will cease immediately. If You wish to
terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and
any of its suppliers under any provision of this Terms and Your exclusive remedy for all of
the foregoing shall be limited to the amount actually paid by You through the Service or 100
USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its
suppliers be liable for any special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of profits, loss of data or other
information, for business interruption, for personal injury, loss of privacy arising out of or
in any way related to the use of or inability to use the Service, third-party software and/or
third-party hardware used with the Service, or otherwise in connection with any provision
of this Terms), even if the Company or any supplier has been advised of the possibility of
such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for
incidental or consequential damages, which means that some of the above limitations may
not apply. In these states, each party's liability will be limited to the greatest extent
permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects
without warranty of any kind. To the maximum extent permitted under applicable law, the
Company, on its own behalf and on behalf of its Affiliates and its and their respective
licensors and service providers, expressly disclaims all warranties, whether express,
implied, statutory or otherwise, with respect to the Service, including all implied warranties
of merchantability, fitness for a particular purpose, title and non-infringement, and
warranties that may arise out of course of dealing, course of performance, usage or trade
practice. Without limitation to the foregoing, the Company provides no warranty or
undertaking, and makes no representation of any kind that the Service will meet Your
requirements, achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without interruption, meet any performance or
reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider
makes any representation or warranty of any kind, express or implied: (i) as to the
operation or availability of the Service, or the information, content, and materials or
products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as
to the accuracy, reliability, or currency of any information or content provided through the
Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of
the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or
other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations
on applicable statutory rights of a consumer, so some or all of the above exclusions and
limitations may not apply to You. But in such a case the exclusions and limitations set forth
in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and
Your use of the Service. Your use of the Application may also be subject to other local, state,
national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the
dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of
the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the
United States government embargo, or that has been designated by the United States
government as a "terrorist supporting" country, and (ii) You are not listed on any United
States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be
changed and interpreted to accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining provisions will continue in full force
Except as provided herein, the failure to exercise a right or to require performance of an
obligation under this Terms shall not effect a party's ability to exercise such right or require
such performance at any time thereafter nor shall be the waiver of a breach constitute a
waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to
You on our Service. You agree that the original English text shall prevail in the case of a
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If
a revision is material We will make reasonable efforts to provide at least 30 days' notice
prior to any new terms taking effect. What constitutes a material change will be determined
at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree
to be bound by the revised terms. If You do not agree to the new terms, in whole or in part,
please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: [email protected]