TERMS OF USE
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Description.
This is an Agreement between the User ("you", "your", etc.) and Mists of Valhalla ("MoV", "us", our", etc.)
Welcome to mistsofvalhalla.net. The mistsofvalhalla.net website (the "Site") is comprised of various web pages operated by MoV. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Site is an E-Commerce platform that sells 3D printed artwork products.
1. Privacy
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1.1 Your use of the Site is subject to MoV's Privacy Policy. Please review our Privacy Policy, (found here) which also governs the Site and
informs users of our data collection practices.
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2. Electronic Communications
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2.1 Visiting the Site or sending emails to MoV constitutes electronic communications.
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2.2 You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications
that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
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3. Your Account
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3.1 If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur under your account or password.
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​3.2 You may not assign or otherwise transfer your account to any other person or entity.
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3.3 You acknowledge that MoV is not responsible for third party access to your account that results from theft or misappropriation of your
account.
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3.4 MoV and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
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4. Persons Under Thirteen
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4.1 MoV does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13).
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4.2 If you are under the age of 13, you may not use the Site.
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5. Cancellation/Refund/Returns Policy
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5.1 All orders may be canceled without penalty up to the time production begins.
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5.1.1 Once production of your order begins, if you request a cancellation, you will be provided a full refund, less the cost of items already produced.
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5.1.2 If we have produced or begun production of any items of your order, you will still be charged for them.
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5.1.3 Once we receive your request for cancellation, we will process your request.
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5.2 Your refund (if any) will be sent to your original payment method within 1 business day of your request. It may take your financial
institution several days to make the funds available for use by you once we issue the refund. Once we issue the refund, we are no longer in control of the funds.
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5.3 All returns/exchanges must be started within 10 calendar days of you receiving your order.
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5.4 All returns/exchanges MUST be accompanied by an RMA Form and number. Write the RMA Number on the outside of the package.
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5.4.1 All returns/exchanges received without an RMA Form will be rejected and returned to you at your expense.
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5.5 It is the responsibility of the customer to package the items being returned for refund/exchange in an appropriate manner for
shipment to the facility. We will not accept responsibility for shipments that have been lost, stolen, damaged or tampered with.
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5.5.1 All shipments will be inspected for damage/mishandling upon receipt.
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5.5.2 If evidence of damage or mishandling is found, the customer must be notified by phone call or email.
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5.5.3 Refunds/Exchanges may be made (at management's discretion) for products received in damaged condition.
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5.6 All shipments to and from the facility must have shipping insurance to cover damages/theft.
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5.6.1 It is required for the customer to obtain shipping insurance (at their expense) for all return/exchange shipments to the
facility.
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5.7 All items returned for refund/exchange must be in resalable condition.
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5.7.1 ​If a returned item is not in resalable condition, you will be notified, you will not receive a refund, and if you wish to have the item
returned, you will be billed the cost of shipping the item back to you.
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5.8 Shipping costs are not refundable.
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​5.9 In the event of a lost/damaged shipment to you, we will replace the order at no cost to you.
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5.10 Custom and made-to-order items (including all color-choice prints) are non-returnable and non-refundable.
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5.11 A copy of this section or a link pointing to this section must be included with all RMA Forms and return shipments to the customer.
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6. Payments and Invoices
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6.1 At our discretion, we may elect to invoice you for our services. We may or may not elect to produce your order with an unpaid invoice,
depending on account history and other factors.
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6.2 If an open invoice already exists for an account, no additional invoicing is available.
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6.3 All invoice orders must be placed via a sales representative (not through the website), and are subject to management approval.
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6.4 All invoices are subject to a service charge not exceeding $2.00, to assist in offsetting the additional costs and labor of preparing and
distributing the invoice.
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6.5 All invoices contain standard "Net 15" Terms, meaning the customer has fifteen (15) calendar days to pay the invoice in full.
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6.6 Failure to pay any invoice in full by the due date will result in delinquent payment penalties assessed as follows:
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1 day past due: $11.00 delinquent payment penalty.
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​30 days past due: additional $20.00 delinquent payment penalty,
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60 Days past due: additional $29.00 delinquent payment penalty.and suspension of account privileges until invoice is paid in full.
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90 Days past due: additional $38.00 delinquent payment penalty.
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120 Days Past Due: additional $38.00 delinquent payment penalty, account closure and possible referral to a collections agency.
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6.6.1 ​If the invoice remains unpaid after 120 days, we reserve the right to refer your account to a consumer debt collection agency, pursuant to the FDCPA (15 U.S.C. § 1692-1692p), and/or seek legal recourse to recover costs, including the costs of obtaining legal counsel and reasonable court costs.
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6.7 A fee not exceeding $38.00 will be assessed on any checks returned as unpaid by your financial institution, as well as for
payment with a non-postal (USPS) money order.
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6.8 We accept the following methods of payment:
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6.8.1 For online payment, we accept Visa, MasterCard, Discover, JCB, Union Pay, Diners Club, PayPal, Venmo and Apple Pay.
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6.8.2 For In-Person payments, we accept PayPal, Venmo, CashApp, Cash (US Dollars, exact change only), personal checks and POSTAL (USPS) money orders. If a non-USPS money order is used for payment, it will be returned to you, and you will be assessed a fee pursuant to §6.7. Additional late penalties may apply.
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6.8.3 For Mail-in payments, we accept personal checks or POSTAL (USPS) money orders only. If a non-USPS money order is used for payment, it will be returned to you, and you will be assessed a fee pursuant to §6.7. Additional late penalties may apply.
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6.9 All fees/charges to your account are non-refundable and cannot be removed once assessed.
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6.9.1 A courtesy credit in the amount of a fee or partial fee may be issued based on merit and is subject to management discretion.
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6.9.2 Any courtesy credit may not be issued more than once in a rolling 180-day (6 month) period.
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6.10 A copy of this section or a link pointing to this section must be provided to you along with any invoices/payment plans generated. A link
printed on the physical invoice satisfies this requirement.
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7. Gift Cards
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7.1 Valid Gift Cards may be used for payment of all transactions, invoice payments excepted.
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7.2 All gift cards have a balance of $0.00 until activated by our POS system.
7.2.1 Cash is the only form of payment accepted for gift card purchases in person.
7.2.2 No discounts or coupons may be used for gift card purchases.
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7.3 Gift cards do not have an expiration date, pursuant to California Civil Code §1749.5(d)(1), with the exception of cards listed in 7.3.1.
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7.3.1 If the words “Promotional Gift Card” appear anywhere on the front of your card, the card is exempt from California Civil Code §1749.5(d)(1), and the funds on the card WILL expire if not used by the date printed on the card.
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7.4 No fees are assessed in association with gift cards.
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7.5 Gift cards are NOT reloadable.
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7.6 Gift Card balances may not be redeemed for cash, unless required by law, and the remaining balance is $10.00 USD or less.
Reference California Civil Code §1749.5.
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7.7 A copy of these terms or a link pointing to these terms must be provided with all physical gift card sales. A link printed on the physical
card satisfies this requirement.
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8. Links to Third Party Sites/Third Party Services
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8.1 The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MoV and MoV is not
responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MoV is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MoV of the site or any association with its operators.
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8.2 Certain services made available via the Site are delivered by third party sites and organizations.
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8.3 By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that
MoV may share such information and data with any third party with whom MoV has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.
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9. No Unlawful or Prohibited Use/Intellectual Property
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9.1 You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with
these Terms of Use.
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9.2 As a condition of your use of the Site, you warrant to MoV that you will not use the Site for any purpose that is unlawful or prohibited by
these Terms.
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9.3 You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's
use and enjoyment of the Site.
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9.4 You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for
through the Site.
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9.5 All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of MoV or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
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9.6 You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content
and will not make any changes thereto.
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9.7 You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit
any of the content, in whole or in part, found on the Site.
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9.8 MoV content is not for resale, including but not limited to, any models purchased through the site.
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9.9 Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or
alter any proprietary rights or attribution notices in any content.
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9.9.1 You will use protected content solely for your personal use, and will make no other use of the content without the express written
permission of MoV and the copyright owner. You agree that you do not acquire any ownership rights in any protected content.
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9.9.2 We do not grant you any licenses, express or implied, to the intellectual property of MoV or our licensors except as expressly
authorized by these Terms.
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10. International Users
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10.1 The Site is controlled, operated and administered by MoV from our offices within the USA.
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10.1.1 If you access the Site from a location outside the USA, you are responsible for compliance with all local laws.
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10.1.2 You agree that you will not use the MoV Content accessed through the Site in any country or in any manner prohibited
by any applicable laws, restrictions or regulations.
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11. Indemnification
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11.1 You agree to indemnify, defend and hold harmless MoV, its officers, directors, employees, agents and third parties, for any losses, costs,
liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
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11.2 MoV reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you will fully cooperate with MoV in asserting any available defenses.
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12. Arbitration
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12.1 In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or
any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.
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12.1.1 The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction.
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12.1.2 In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms,
the prevailing party shall be entitled to recover its costs and reasonable attorney's fees.
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12.1.3 The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these
Terms, whether directly or indirectly, including Tort claims that are a result of these Terms.
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12.1.4 The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision.
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12.1.5 The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator.
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12.2 This arbitration provision shall survive the termination of these Terms.
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13. Class Action Waiver
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13.1 Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective
actions are not permitted.
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13.2 THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
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13.3 Unless both you and MoV agree otherwise, 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.
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14. Liability Disclaimer
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14.1 THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
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14.2 CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
14.2.1 MISTS OF VALHALLA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
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14.2.2 MISTS OF VALHALLA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
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14.2.3 ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS DEFINED IN SECTION 14.1 ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
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14.3 MOV AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS DEFINED IN SECTION 14.2.2.
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14.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOV AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOV OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
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14.4.1 BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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14.5 IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USE OF THE SITE.
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15. Termination/Access Restriction
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15.1 MoV reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any
time, without notice.
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15.2 To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to
the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site.
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15.3 Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation,
this section.
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15.4 You agree that no joint venture, partnership, employment, or agency relationship exists between you and MoV as a result of this
agreement or use of the Site.
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15.5 MoV's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in
derogation of MoV's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MoV with respect to such use.
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15.6 If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth in section 14, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
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15.7 Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MoV with respect to the Site
and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MoV with respect to the Site.
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15.8 A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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15.9 It is the express wish to the parties that this agreement and all related documents be written in English.
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16. Changes to Terms
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16.1 MoV reserves the right, in its sole discretion, to change the Terms under which the Site is offered.
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16.1.1 The most current version of the Terms will supersede all previous versions. MoV encourages you to periodically review the
Terms to stay informed of our updates.
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16.1.2 No notice of updates to the Terms will be issued. It is the responsibility of the User to stay informed of updates to the
Terms.
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17. Contact Us
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MoV welcomes your questions or comments regarding the Terms:
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Mists of Valhalla TOU
C/O William Davis
PO Box 400093
Hesperia, CA 92340-0093
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18. Effective Date and Version
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December 1st, 2025; Version 3.2.1
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