Last Updated on April 30, 2026
AegeanMD, LLC dba More Than Nine, located at 323 Oak Park Lane Suite 202, Santa Barbara, CA 93105, and our subsidiaries and affiliates (“More Than Nine” “we” “us” “our”), in association with the use of the More Than Nine website located at https://www.morethannine.com/, as well as any other media form or media channel, linked or otherwise connected thereto (the “Site”), provides the content and services available on the Site to you subject to the following terms and conditions, our Privacy Policy, and any other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions, as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”).
Please read these Terms and Conditions carefully. They may significantly affect your legal rights, including your right to file a lawsuit in court. They contain procedures for mandatory binding arbitration and a class action waiver. By accessing or using our Site and our Services, you hereby agree to be bound by these Terms and Conditions and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the Terms and Conditions before proceeding to use this Site and Services. If you do not expressly agree to all of the Terms and Conditions, then please do not access or use our Site or our Services.
You must be 18 years old or the age of majority in your jurisdiction in order to visit or make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. This Site is not directed to children under 18 years old.
1. Privacy
Please review our Privacy Policy for details about our personal information practices.
2. Products and Services for Personal Use
The products (“Products”) and services (collectively with the Products, the “Services”) available on the Site, and any samples thereof we may provide to you, are for personal and/or professional use only. You may not sell or resell any of the Products or Services, or samples thereof, you purchase or otherwise receive from us. Please note that we will track the purchases you make through the Site. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products or Services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
3. Purchase Related Policies and Procedures
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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). All amounts are payable and charged for purchases at the time you place your order. Prices may include local taxes. You are responsible for banking charges incurred due to payments on your account.
Prices for our products are subject to change without notice. More Than Nine cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Site. More Than Nine reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from More Than Nine. More Than Nine may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
All items purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our tender of the item to the carrier.
To view additional policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), please visit our FAQ Page.
4. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, we do not warrant that the product descriptions, sizes, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. More Than Nine therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
5. Product Information
The Services available on the Site are for your personal use only. Unless you are an affiliate, you may not sell or resell any Products you purchase or otherwise receive from More Than Nine. More Than Nine reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms and Conditions, as determined by More Than Nine in its sole discretion.
From time to time, we may provide summaries of or highlights from Product descriptions, the text of customer reviews (as defined below), and other information on the Site. Summaries are provided for convenience, but are not exhaustive representations of Product descriptions or full reviews.
Disclaimer: This Site Does Not Provide Medical Advice
All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice. You should seek the advice of a physician or other qualified healthcare provider with any questions you have regarding medical needs.
Disclaimer: Products Sold Are Not Intended for Medical Use
The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any illness, disease or medical condition. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act requires this notice.
6. Modification
We reserve the right at any time to modify or discontinue the Site or Services (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 Site or Services.
7. Intellectual Property
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth in the “Limited Licenses” section below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
8. Limited Licenses
We grant you a limited, revocable, non-transferable and non-exclusive license solely for the purpose of accessing and making personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
We also grant you a limited, revocable, non-transferable and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive, controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our Products or Services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
9. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. It is strictly prohibited to use or contact the Site or Services to harass or disparage More Than Nine, its users, personnel, Products or Services. No unsolicited email (spam) may be directed to or through the Site or Services. Users may not use the Site or Services in order to upload, post, transmit, distribute, display, store or destroy material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others; or (c) that is libelous, obscene, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene or is otherwise objectionable in More Than Nine’s sole determination. You may not make any change or alteration to the Site or any Content or Services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to More Than Nine, our parents, subsidiaries, affiliates, partners or licensors.
Furthermore, you agree not to make use of the Services for the purpose of:
- impersonating any individual or entity, including, but not limited to, any More Than Nine officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
- uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
- uploading or transmitting 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 Site or Services or of any related website, other websites, or the Internet;
- collecting or tracking the personal information of others;
- spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
- interfering with or disrupting the Site and Services, servers and/or networks that may be connected or related to our Site, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers.
10. Your Account
You may be required to create an account to use some of the features of the Services. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account. In creating an account, you represent to us that all information you provide in such process is true, accurate and correct, and that you will update your information as necessary to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information. You agree to notify us immediately of any unauthorized use of your account by contacting us at the information provided below and to change your password. You may not transfer your account to anyone else without our prior written permission.
We reserve the right to refuse service and/or terminate accounts, including any subscription or membership accounts, without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in More Than Nine’s best interests to do so.
11. Third Party Links
Certain Content, Products and Services available via our Site may include materials from third parties. In addition, 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 materials or 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.
12. Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, product reviews, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and license to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our Products or Services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
When you transmit, upload, post, share, distribute, reproduce, e-mail or otherwise make available data, text, photos, reviews, ratings and comments about our products purchased through the Site or through third party e-commerce sites, software, music, sound, photographs, graphics, images, videos, messages or other materials (collectively, “User Content”) on the Site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, a More Than Nine representative; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
More Than Nine does not assume liability for any reviews, ratings and comments about our products purchased through the Site or through third party e-commerce sites (“Reviews”) or for any claims for economic loss resulting from such Reviews. Because we expect users to maintain a high level of integrity with respect to Reviews posted through our Site, you agree: (i) to base any rating or review you post only on your first-hand experience with the product you are reviewing; (ii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iii) your review will comply with the terms set forth herein. If More Than Nine determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such Review without notice.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
13. Deletion of User Content
If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s) on the Site, please contact us by email at hello@morethannine.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
14. Copyright Infringement Notices
We respect the intellectual property of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Site’s use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail (subject line: “DMCA Takedown Request”) or written notice to our designated agent for notices of infringement and provide the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
- Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact us for notifications of claimed infringement by email at hello@morethannine.com or via mail to:
AegeanMD, LLC dba More Than Nine
323 Oak Park Lane, Suite 202
Santa Barbara, CA 93105
15. Disclaimer of Warranties; Limitation of Liability
WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE SITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SITE, OR ANY PRODUCT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE.
THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED “AS IS.” NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS INFORMATION, CONTENTS, MATERIALS OR SERVICES.
YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOSS OF LOST PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
16. Indemnification
You agree to defend, indemnify, insure and hold harmless More Than Nine, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of the Site or Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
17. Disputes
Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires you to arbitrate most disputes with More Than Nine and may significantly affect your legal rights.
- Initial Dispute Resolution. Most concerns can be resolved quickly without resorting to litigation. If you have a concern, you must reach our support department at hello@morethannine.com. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement arising under or in connection with this Agreement (“Dispute(s)”) directly through consultation with our support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
- Arbitration. Except as detailed in Section 17(c) (“Exceptions to Arbitration”), any Disputes that cannot be resolved informally as detailed in Section 17(a) (“Initial Dispute Resolution”) shall be settled exclusively by arbitration in California, in accordance with the rules of the American Arbitration Association (“AAA”). The arbitrator’s decision shall be final and legally binding and judgment be entered thereon.
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Exceptions to Arbitration. Disputes do not include disputes, claims, questions, or disagreements arising out of your visitation to or use of the Site. This includes without limitation:
- Disputes, claims, questions, or disagreements arising out of or relating to third-party technologies on the Site. You and More Than Nine agree that information collected does not constitute “sensitive” personal information under any theory of law. For more information on how to opt out of third-party technologies on the Site, please refer to our Privacy Policy.
- Waiver of Jury Trial. You and More Than Nine hereby waive any constitutional and statutory rights to resolve disputes in court (other than small claims court as permitted herein) and have a trial in front of a judge or a jury. You and More Than Nine are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above.
- No Classes. To the extent permitted by law, all claims must be brought in a party’s individual capacity, and not as a plaintiff or class member in any purported class, collective action, or representative proceeding. Unless both you and More Than Nine agree, no arbitrator or judge may consolidate more than one person’s claims or engage in any class arbitration.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out. Your notice must be sent via email to hello@morethannine.com and to: 323 Oak Park Lane, Suite 202, Santa Barbara, CA 93105 within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), your signature, and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
18. Consent to Receive Notices Electronically by Posting on the Site and via Email
You agree to receive communications from More Than Nine electronically, such as emails, texts, or notices on the Site, and to retain copies of these communications for your records. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that More Than Nine provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.”
19. General Terms
- Entire Agreement. These Terms and Conditions constitute the entire agreement between you and More Than Nine and shall govern the use of our Services, superseding any prior version of these Terms and Conditions between you and us with respect to More Than Nine Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other More Than Nine Services, affiliate services, third-party content or third-party software.
- Waiver and Severability of Terms. At any time, should More Than Nine fail to exercise or enforce any right or provision of these Terms and Conditions, such failure shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
- Force Majeure. More Than Nine shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Assignment. You may not assign, delegate or transfer these Terms and Conditions or your rights or obligations hereunder, or your Site account, in any way (by operation of law or otherwise) without More Than Nine’s prior written consent. We may transfer, assign, or delegate these Terms and Conditions and our rights and obligations without consent.
- Third Party Beneficiaries. These Terms and Conditions are not enforceable by or for the benefit of any third party.
- Governing Law and Venue. These Terms and Conditions and any dispute of any sort that might arise between you and More Than Nine will be interpreted in accordance with the law of the State of California and the United States of America, consistent with the Federal Arbitration Act, without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction. Any claim or dispute that between you and More Than Nine that arises out of or is related to the Site and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California, and you hereby consent to, and waive all defense of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Los Angeles County, California.
- Changes to Terms and Conditions. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions. The most current version of the Terms and Conditions will be posted on the Site and it is your responsibility to check our Site periodically for changes. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Site or via email. Your continued use of the Services following the effective date of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the new Terms, you may not use the Services.