Terms of service

Last updated: July 14, 2026

Overview

This website is operated by MoonBrew. Throughout the site, the terms "we," "us," and "our" refer to MoonBrew. MoonBrew offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 15 OF THESE TERMS CONTAINS A DISPUTE RESOLUTION PROCEDURE AND AN ARBITRATION AGREEMENT, INCLUDING MASS ARBITRATION PROCEDURES AND A WAIVER OF CLASS, REPRESENTATIVE, AND COLLECTIVE ACTIONS, THAT AFFECT YOUR LEGAL RIGHTS, YOUR ABILITY TO GO TO A COURT FOR DISPUTES, AND THE WAYS IN WHICH WE CAN BRING DISPUTES AGAINST ONE ANOTHER. YOU MAY OPT OUT OF THIS MANDATORY ARBITRATION AGREEMENT ONLY BY FOLLOWING THE PROCEDURES BELOW. THESE TERMS ALSO INCLUDE A JURY WAIVER.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent 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 and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service 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.

You agree not to reproduce, 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 provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Packaging pictured on the site may differ from actual product. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Section 5 - Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. 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 or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Orders, Billing and Account Information

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason, in our sole discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.

We reserve the right to refuse any order 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 orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event that we make a change to, cancel, or decline to accept an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

All offers of products as they are displayed on this site are subject to availability. If a product is not available for shipping promptly after you place your order, you will be notified, and you may choose to order a different item that is then-currently available, wait until the product is available, or cancel your order. We will not be liable if products are not in stock or otherwise not available.

You may see credit card authorization holds when you add or update your payment method or place an order. Authorization holds, pre-authorization holds, and pending charges are common anti-fraud practices that do not represent actual charges. The amount and duration of the hold varies depending on your credit card company's policies. Feel free to contact your credit card company with any questions.

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.

For more detail, please review our Returns Policy.

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 - Third-Party Links

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 9 - User Comments, Feedback and Other Submissions

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, contest entries, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Comments through any channels and in any media now known or hereafter developed, for any purpose whatsoever, including commercial use (for example, in our marketing and advertising). Any Comments you post will be considered non-confidential and non-proprietary, and you acknowledge and agree that you have no expectation of privacy with regard to such Comments. 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.

You represent and warrant that: (i) you own or have all necessary rights to all Comments you submit; (ii) you have disclosed any compensation or incentives received in connection with your submission of Comments; and (iii) your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right, and will not contain libelous or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us 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.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

If you believe that content on this site infringes your copyright, please contact us at brandprotection@moonbrew.co with: (i) a description of the copyrighted work you believe is infringed; (ii) a description of, and location of, the allegedly infringing material; (iii) your contact information; (iv) a statement of your good-faith belief that the use is not authorized; and (v) a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Section 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, or use any robot, spider, scraping, data-gathering or extraction tool, automated device or process, or AI tool (such as agentic AI), to access, crawl, or scrape the Service; (j) for any obscene or immoral purpose; or (k) to interfere with, bypass, or circumvent the security features, robot exclusion headers, or other access-restriction measures of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall MoonBrew, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless MoonBrew 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 Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 15 - Dispute Resolution; Arbitration Agreement; Mass Arbitration Procedures; Class Action Waiver; Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH MOONBREW AND IT LIMITS THE MANNER IN WHICH YOU AND WE CAN SEEK RELIEF.

This Section 15 governs disputes relating to the website, your purchases, and these Terms of Service generally. It does not apply to disputes arising under the "MoonBrew SMS Messaging Terms and Conditions" or the "SMS Subscription Mobile Message Management Program Terms and Conditions" set out later in this document — those disputes are governed exclusively by the arbitration provisions contained within those sections.

To the fullest extent permissible by law, with the exception of disputes pertaining to our intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and us arising under or related to these Terms, including, without limitation, disputes arising as a result of your visit(s) to or use of the Service, any purchase, transaction, or other interaction with MoonBrew (including, without limitation, claims relating to our advertisements, pricing, and disclosures; emails or other messages sent by us; or our collection, processing or retention of your information) (a "Dispute"), shall be resolved through binding arbitration pursuant to these exclusive dispute resolution procedures (the "Arbitration Agreement"), except that either party may assert claims in small claims court.

15.1 30-Day Right to Opt Out

You have the right to opt out and not be bound by this Arbitration Agreement by sending written notice, signed by you, of your decision to opt out to hi@moonbrew.co or by mail to MoonBrew, Attn: Legal, 145 West 28th St, Fl 11, 10003 (the "Notice Address"). The notice must be sent within 30 days of the date posted at the top of these Terms or your first use of the Service, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Arbitration Agreement. If you opt out, we will also not be bound by this Arbitration Agreement with respect to disputes brought by you, and you and we may exercise your right to trial by judge, as permitted by applicable law. Opting out of this Arbitration Agreement does not opt you out of any other provisions of these Terms, which remain in effect.

15.2 Pre-Dispute Resolution Requirement

Before either party may initiate a legal proceeding against the other, the parties agree to engage in a good-faith effort to resolve any Dispute at issue. The party asserting the Dispute must notify the other party by sending a written notice, including (i) the asserting party's full name; (ii) the asserting party's address, email, and phone number; (iii) a clear description of the Dispute; and (iv) a clear description of the specific relief requested, sent to the Notice Address (if to us) or to the address/email you provided (if to you). If requested by the other party, both parties agree to discuss the Dispute in person, by telephone, or by video conference, and to attempt in good faith to resolve it.

If the parties are unable to resolve a Dispute within 30 days after receipt of a written notice under this provision (or within 30 days of the conference, if requested), then the asserting party may pursue the Dispute as otherwise set forth in these Terms. Failure to comply with this requirement shall be grounds for dismissal of the Dispute. Any applicable statute of limitations will be tolled while the parties engage in this pre-dispute resolution process. This requirement is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding, unless exempted by law, and a court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if this requirement has not been met.

15.3 Arbitration Procedure

If informal resolution fails, then either party may initiate binding arbitration as the sole means to resolve Disputes (except as otherwise provided herein) subject to the JAMS Comprehensive Arbitration Rules & Procedures (the "JAMS Rules") then in effect, as modified by (i) the terms set forth below and (ii) the Mass Filings provisions below. The JAMS Rules are available at https://www.jamsadr.com.

This Arbitration Agreement supersedes any prior arbitration agreement between the parties and applies to unfiled claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement, as well as claims that may arise after its termination, in accordance with the notice and opt-out provisions set forth herein.

This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. To the maximum extent permitted by law, no effect shall be given to state laws concerning arbitration procedure.

WAIVER OF RIGHTS INCLUDING JURY TRIAL. YOU AND MOONBREW UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE ANY DISPUTE, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU AND MOONBREW FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES. BY AGREEING TO THESE TERMS, YOU AND MOONBREW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER. YOU AND MOONBREW ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW AND EXCEPT AS PROVIDED BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S CLAIM.

With the exception of the "Class Arbitration and Collective Relief Waiver" paragraph above, if any part of this Arbitration Agreement — including the "Mass Filings" section below — is deemed invalid, unenforceable, or illegal, that part shall be severed and the balance of this Arbitration Agreement, including the requirement that Disputes be arbitrated on an individual, non-class, non-representative basis, shall remain in full force and effect. If the "Mass Filings" section is severed under this provision, any then-pending or future Mass Filing shall instead be administered and adjudicated as individual arbitration demands under the applicable JAMS Rules, without the batching, consolidation, or other procedures set forth in the "Mass Filings" section. If, however, the "Class Arbitration and Collective Relief Waiver" paragraph itself is found invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute in question.

This provision does not prevent you or us from participating in a class-wide settlement of claims.

15.4 Arbitration Location

Arbitration proceedings will presumptively be held via video- or telephone-conference unless (i) the arbitrator determines there is good cause to hold an in-person hearing or (ii) the parties agree otherwise. Except as otherwise provided in the "Mass Filings" section, in the event of an in-person proceeding: (a) if you live in the United States, it will take place in the county of your primary residence or, if no arbitrator is available there, the closest available location in the state; or (b) if you live outside the United States, to the extent permissible in your country, it will take place in New York, New York.

15.5 Arbitration Rules and Governing Law

Except as modified by this Arbitration Agreement, JAMS will administer any arbitration in accordance with the JAMS Rules in effect at the time any demand for arbitration is filed, excluding any rules or procedures permitting class or representative actions.

Except where prohibited by applicable law, the arbitrator shall apply the substantive law of the State of New York without giving effect to any law that would result in application of the law of any other jurisdiction. Dispositive motions will be allowed in the arbitration.

If the amount in controversy is less than $10,000, the arbitration will be conducted solely on the basis of written materials submitted to the arbitrator, unless (i) the arbitrator determines a hearing is necessary; (ii) applicable law requires otherwise; or (iii) the parties agree otherwise. If the amount in controversy exceeds $10,000, either party may request (or the arbitrator may determine) to hold a hearing.

Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and to anyone other than you and us (and each party's authorized representatives and agents), and all records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (which shall be sought under seal to the extent permitted by law).

15.6 Form of Arbitration Demand

Any arbitration demand or counterclaim must contain sufficient information to provide fair notice of the asserting party's identity, the claims asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to these Terms. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements.

15.7 Arbitration Fees

Each party is responsible for its own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. JAMS has discretion to reduce or modify the timing of any administrative or arbitration fees where it deems appropriate, provided such modification does not increase costs to you, and you waive any objection to such modification. A good-faith challenge by either party to fees imposed by JAMS does not constitute a default, waiver, or breach of this Arbitration Agreement while the challenge remains pending, and any due dates for those fees shall be tolled during the pendency of such challenge.

15.8 Mass Filings

To increase the efficiency of administration and resolution of arbitrations, in the event 25 or more similar arbitration demands (asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to JAMS (or another arbitration provider selected as provided herein if JAMS is unavailable) against us within reasonably close temporal proximity (a "Mass Filing"), the parties agree, subject to this section:

(A) to administer the Mass Filing in batches of 25 demands per batch (with any leftover demands forming a smaller final batch), with only one batch filed, processed, and adjudicated at a time;

(B) to designate one arbitrator for all demands in each batch;

(C) to accept applicable fees, including any related fee reduction determined by JAMS in its discretion;

(D) that fees associated with a demand for arbitration included in a Mass Filing shall only be due after the demand is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and

(E) that the staged, batched process shall continue until each demand is adjudicated or otherwise resolved.

If your demand for arbitration is included in a Mass Filing, any statute of limitations applicable to your claims will remain tolled until your demand is decided, withdrawn, or settled.

Arbitrator selection for each batch shall be conducted in accordance with the applicable JAMS Rules and procedures, subject to any rights to strike an arbitrator provided under applicable state law if those rights exceed those in the JAMS Rules. To the extent an in-person proceeding is deemed necessary, the arbitrator will determine the location.

The parties agree to cooperate in good faith to implement this batch approach (or a similar approach) for efficient resolution of claims, including payment of combined reduced fees set by JAMS for each batch. If the number of cases filed makes batches of 25 too small for prompt resolution, JAMS may increase or decrease the batch size, transfer a case between batches, or proceed with adjudication of more than one (but no more than five) batches at a time, as determined by the JAMS procedural arbitrator following input from the parties. Disagreements about whether this provision applies, or about batching process, shall be resolved by a JAMS procedural arbitrator.

This "Mass Filings" provision shall not be interpreted as increasing the number of claims necessary to trigger applicability of JAMS Mass Arbitration Procedures & Guidelines, or as authorizing class arbitration of any kind.

The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a JAMS mediator selected from a group of five mediators proposed by JAMS, with us and the remaining claimants' counsel each able to strike one mediator and then rank the remaining mediators; the highest collectively ranked mediator will be selected. The selected mediator will try to facilitate a resolution of the remaining demands. We, the remaining claimants and their counsel, and the mediator will then have 90 days (the "Mediation Period") from the date the results are provided to agree on a resolution or methodology for resolving the outstanding demands. If the parties cannot agree during the Mediation Period, either we or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction, with notice of the opt-out provided in writing within 60 days of the close of the Mediation Period. If neither side opts out and the parties cannot agree on a methodology, the arbitrations will continue with the batching process, with all remaining batches consolidated and adjudicated concurrently.

15.9 Arbitrator's Authority and Arbitration Award

The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, subject to the modifications herein. The arbitrator has the right to impose sanctions for frivolous claims or submissions not filed in good faith, as well as for a party's failure to comply with this Arbitration Agreement or the Pre-Dispute Resolution process. The arbitrator's decision will include the essential findings and conclusions on which the award is based. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator will have authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and this Arbitration Agreement, consistent with these Terms (including the "Class Arbitration and Collective Relief Waiver" paragraph and Section 13 "Disclaimer of Warranties; Limitation of Liability").

Except for decisions in arbitrations joined together in a single batch, no arbitration award or decision will have any preclusive effect, except to preclude the same or similar claims and issues addressed by the award from being re-arbitrated between the same parties. Attorneys' fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims.

15.10 Changes to this Arbitration Agreement

We will provide 30 days' notice of any material changes to this Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you continue to use the Service after the 30th day, you agree that any unfiled claims of which we do not have actual notice under the Pre-Dispute Resolution process are subject to the revised clause. If you do not agree to a change, you may opt out of this Arbitration Agreement via the procedures set forth in Section 15.1.

15.11 Class Action Waiver

YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND MOONBREW THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

15.12 Waiver of Jury Trial

YOU AND MOONBREW EACH EXPRESSLY WAIVE YOUR RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION. Notwithstanding the parties' decision to resolve all disputes through arbitration, we may bring an action in a state, provincial or federal court to protect our intellectual property rights. Seeking such relief shall not waive our right to arbitration under these Terms.

Section 16 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 17 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The following sections survive termination: Section 9 (User Comments, Feedback and Other Submissions), Section 10 (Personal Information), Section 13 (Disclaimer of Warranties; Limitation of Liability), Section 14 (Indemnification), Section 15 (Dispute Resolution; Arbitration Agreement; Mass Arbitration Procedures; Class Action Waiver; Jury Trial Waiver), this Section 17, and any other provisions that by their nature should survive termination.

Section 18 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 19 - Assignment

You may not delegate, transfer, or assign these Terms of Service or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you. These Terms will inure to the benefit of and be binding upon each party's successors and permitted assigns.

Section 20 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles, except as otherwise provided in Section 15 (Dispute Resolution; Arbitration Agreement; Mass Arbitration Procedures; Class Action Waiver; Jury Trial Waiver), which is governed by the Federal Arbitration Act.

Section 21 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Changes to the Arbitration Agreement in Section 15 are subject to the additional notice and opt-out procedures in Section 15.10.

Section 22 - Contact Information

Questions about the Terms of Service should be sent to us by email at hi@moonbrew.co, or by mail at:

MoonBrew

Attn: Legal

145 West 28th St, Fl 11

New York, NY 10003

 

Section 23 - MoonBrew SMS Messaging Terms and Conditions

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from MoonBrew, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. MoonBrew reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. MoonBrew also reserves the right to change the shortcode or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. MoonBrew, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our MoonBrew Terms of Use and MoonBrew Privacy Policy.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Cancellation

Text the keyword STOP or UNSUBSCRIBE to our phone number to cancel. After texting STOP or UNSUBSCRIBE to our number you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP or UNSUBSCRIBE keyword commands and agree that MoonBrew and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from MoonBrew through any other programs you have joined until you separately unsubscribe from those programs.

Help

Text the keyword HELP to our number to return customer care contact information.

Customer Care

If you are experiencing any problems, please email hi@MoonBrew.co with details about your problem or your request for support.

CA Prop 65

California residents please refer here for information about California Prop 65 Warnings.

Contact

This message program is a service of MoonBrew, located at 145 West 28th St, Floor 11, New York, New York, 10003.

Financial Incentive Notice

For our Financial Incentive Notice, see here.

Dispute Resolution (SMS Messaging Terms)

General

In the interest of resolving disputes between you and MoonBrew in the most expedient and cost-effective manner, you and MoonBrew agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from MoonBrew or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from MoonBrew or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND MOONBREW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

Exceptions

Notwithstanding subsection "General" above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or MoonBrew to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

Arbitrator

Any arbitration between you and MoonBrew will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting MoonBrew. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notice; Process

If you or MoonBrew intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). MoonBrew's address for Notice is: 145 West 28th St, Fl 11, New York, New York 10003, Attn: Legal. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and MoonBrew will make good faith efforts to resolve the claim directly, but if you and MoonBrew do not reach an agreement to do so within 30 days after the Notice is received, you or MoonBrew may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or MoonBrew must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

Fees

If you commence arbitration in accordance with these Messaging Terms, MoonBrew will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse MoonBrew for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and MoonBrew agree that such written decisions, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or MoonBrew made within 14 days of the arbitrator's ruling on the merits.

No Class Actions

YOU AND MOONBREW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MoonBrew agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision

Notwithstanding anything to the contrary in these Messaging Terms, if MoonBrew makes any future change to this arbitration provision, other than a change to MoonBrew's address for Notice, you may reject the change by sending us written notice within 30 days of the change to MoonBrew's address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and MoonBrew.

Enforceability

If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection "Modifications to this Arbitration Provision" above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Section 24 - SMS Subscription Mobile Message Management Program Terms and Conditions

We and together with our partner ReCharge Inc. (hereinafter, "Recharge") are offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions ("Program Terms"). By opting in to or participating in the Program, you accept and agree to these Program Terms, including, without limitation, your agreement to resolve any disputes with us and/or Recharge through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. These Program Terms are limited to the Program and are not intended to modify other agreements or terms and conditions that may govern the relationship between you and Us, or you and Recharge in other contexts.

User Agreement to Receive Text Messages

You agree to receive SMS mobile messages from Us and Recharge at the phone number you provided when you signed up for your subscription, and any additional or updated phone number you provide as a contact number in connection with your subscription. Regardless of how you joined the Program, you agree that these Program Terms apply to your participation in the Program. You agree to receive autodialed, prerecorded, or predetermined mobile messages at the phone number associated with your subscription, and you understand that your consent to receive these messages is not required to make any purchase. These messages will include information on how to manage your subscription and may include special offers and other promotional content. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of the mobile messages you receive from Us or Recharge are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply.

User Opt Out

If you do not wish to continue participating in the Program or no longer agree to these Program Terms, you agree to reply STOP to any mobile message from Recharge in order to opt out of the Program. You also may email Recharge with your phone number and the subscription for which you wish to opt out of the Program at sms@rechargeapps.com. You may continue to receive SMS messages while we process your request, and you may receive a mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out of the Program. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify 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 canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by Us, Recharge, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US AND RECHARGE HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO COMPLY WITH YOUR DUTY TO NOTIFY US IN ACCORDANCE WITH THIS SECTION, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description

Without limiting the scope of the Program, users can expect to receive messages concerning the management of the users digital subscription, events, available products and services, and special promotions.

Cost and Frequency

Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with the Program.

Support Instructions

For support regarding the Program, text "HELP" to the number you received messages from our email at support@rechargeapps.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

Our Disclaimer of Warranty

The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We and Recharge will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our and Recharge's control.

Participant Requirements

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction

You may not use or engage with the Program if you are under eighteen (18) years of age. By using or engaging with the Program, you acknowledge and agree that you are not under the age eighteen (18) or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to use and/or engage with the Program.

Prohibited Content

You acknowledge and agree to not send any prohibited content over the Program. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITECH" Act); and

  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution (Program Terms)

In the event that there is a dispute, claim, or controversy between you and Us, or between you and Recharge or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to the Program, 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 to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined through binding arbitration or, if applicable, in small claims court.

Any arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules or, if applicable, the Consumer Arbitration Rules, then in effect. Except as otherwise provided herein, this arbitration agreement is governed by the Federal Arbitration Act ("FAA") and the arbitrator shall apply the substantive laws of California, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years' experience as an arbitrator and have experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, under the applicable rules, who must satisfy the same experience requirements. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the FAA. The parties also agree that the AAA's rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. If allowed for by the applicable rules, each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys' fees only to the extent expressly authorized by statute or contract. Unless expressly allowed for by applicable law, the arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be 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 to protect or pursue a legal right. If 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 invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

P2P SMS Terms and Conditions

1. Consent to Receive Messages. By opting-in to MoonBrew's messaging program called "MoonBrew," you consent to receiving marketing text messages (e.g. cart reminders from information collected via cookies) at the telephone number, including Short Message Service (SMS) messages. MoonBrew has full control of its messaging program and reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages.

2. No Condition for Purchase or Services. Your decision to opt into MoonBrew's messaging program is not a condition of purchasing any good or service.

3. MoonBrew's Terms of Use and Privacy Policy. By opting in, you accept and agree to be bound by MoonBrew's privacy policy and terms of use, and you consent to the processing of your information as set forth in those policies.

4. Contact. If you have questions or comments, please reach out to MoonBrew at hi@moonbrew.co.

Messaging Information

1. Opt-In. To opt in, you may enter your mobile phone number on a website form; you will then receive a text from +13477832317 where you may choose to opt in to marketing messages. Message frequency varies.

2. Rates. Carrier message and data rates may apply. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.

3. Opt-Out. To opt out, text "STOP" or "UNSUBSCRIBE" to +13477832317. This is the only method for opt out. After opting out you will receive one additional message confirming that your request has been processed.

4. Help. For help, text "HELP" to +13477832317.

Other

1. Carriers are not liable for delayed or undelivered messages.

Last updated: July 14, 2026