Terms & Conditions
Last Modified on February 4, 2024

Acceptance of the Terms of Use

THESE TERMS OF USE (“TERMS OF USE”) OF NOT YO MOMMA’S MAC & CHEESE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY. 

THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AT THE EXPENSE OF THE PERSON FILING THE COMPLAINT.

BY USING THE WEBSITE OR PLACING AN ORDER FOR PRODUCTS OR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE.

These Terms of Use apply to the use, purchase and sale of the Company’s products (the “Products”) or services (the services) through https://www.notyomommasmac.com and through any mobile, desktop, or device applications (collectively, the "Website"), whether as a guest or a registered user, in addition to any other terms and conditions that may be applicable to any such transaction as provided in the Website or other agreement between you and NOT YO MOMMA’S MAC & CHEESE, its affiliates, subsidiaries, successors, or assigns (collectively referred to as “NOT YO MOMMA’S MAC,” the “Company”, "us", "we", or "our" as the context may require). These Terms of Use are subject to change by the Company upon sixty (60) days’ prior notice at any time, in our sole discretion. Notice of changes will be sent to your email (if one has been provided) and will be posted on the Website. The latest version of these Terms of Use will be posted on the Website, and you should review these Terms of Use before using or purchasing any Products or Services that are available through the Website. Your continued use of the Website, Products, or Services after a posted change in these Terms of Use following Company’s prior notice will constitute your acceptance of and agreement to such changes.

Content may not always be available and is subject to change at any time with or without notice and without any liability to you. Certain content is intended for informational purposes only. 

Prior to using the Products or Services, it is important for you to know and understand that by accessing and/or using the Services through any means, you are agreeing to accept certain liability limitations and legal disclaimers, which are further explained throughout these Terms of Use. In other words, your use of the Products and/or Services is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Products and/or Services or your access and use of the Services. If you have any questions or concerns regarding the Terms of Use or conditions herein, please email us at support@notyomommasmac.com. 

These Terms of Use apply generally to the use of all Services, including, but not limited to, the Website, any subscription, the mobile application (the “App”), and the Company’s social media pages. By creating an Account or by visiting, browsing, or using the Website or Services in any way, you accept and agree to be bound by these Terms of Use, which form a binding agreement between you and the Company. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. All rights not expressly granted by the Company in these Terms of Use are reserved.

ABOUT Not Yo Momma’s Mac & Cheese

Not Yo Momma’s Mac & Cheese is a virtual marketplace Platform that manufactures and distributes at home baked Macaroni and Cheese kits. You may order our kits through the Platform to be delivered from our company, by way of a shipping company. 

Not Yo Momma’s Mac & Cheese is a food manufacturing company that is required to comply with all city, state, and federal laws, rules, regulations, and standards pertaining to the preparation, sale and marketing of food, including, without limitation, food preparation and safety and menu disclosure.

Eligibility to use the Website

NOTICE TO PARENTS AND/OR GUARDIANS: You are responsible for monitoring and supervising your child's use of the Products and Services. If your child is using the Products or Services without your express consent and is under the age of eighteen (18), please contact us immediately so that we can disable his or her access.

This Website is offered and available to users who agree to these Terms of Use, are not prohibited from accessing or using the Website or Services, are 18 years of age or older, reside in the United States or any of its territories or possessions, and are legal U.S. citizens. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. If you are under 18 years old, then you may not make a purchase on our website. We reserve the right to revoke your ability to access the Products and Services offered on the Website for any reason at any time including as a result of a violation of these Terms of Use or the Privacy Policy, without notice.

By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. In addition, upon notice, NOT YO MOMMA’S MAC reserves the right to revise these Terms of Use at any time by updating this posting; provided any material modifications will only be applied prospectively.  NOT YO MOMMA’S MAC will provide sixty (60) days prior notice before any updates to these Terms of Use are effectuated, either via email (if one has been provided) or by posting on the Website. All changes are effective immediately following the conclusion of the notice period and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

You are encouraged to review these Terms of Use each time you use the Website and prior to purchasing any product or service that are available through this Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Use of the Website

You may use the Website only for your own noncommercial personal use and in compliance with these Terms of Use. By using the Website or App, you represent and warrant that you (i) are located inside the United States, or (ii) are located outside Canada, the European Union (EU) or European Economic Area (EEA) and agree to be bound by U.S. laws. The Website are intended for users situated in the United States. We currently do not offer goods and services to Canada, the EU or EEA.

We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Website and to change, suspend or discontinue any aspect of the Website and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Website and or restrict your access to part, or all, of the Website and without notice or penalty. Your continued use of the Website will constitute your acceptance of any such changes.

You are responsible for your own communications, including the transmission, uploading or posting of information to the Website and are responsible for the consequences of such communications. Any other use of the Website requires the prior written consent of NOT YO MOMMA’S MAC. You may not otherwise copy, modify, or distribute the contents of this Website without the prior written consent of NOT YO MOMMA’S MAC. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Website or the App, in whole or in part. We require all users to agree not to use the Website or the App, and specifically prohibit any use of the Website or the App, for any of the following purposes:

• Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy rights of another person or entity;

• Posting any information which is untrue, inaccurate or not your own;

• Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;

• Attempting to interfere in any way with the Website, the App’s or NOT YO MOMMA’S MAC’s network security, or attempting to use the Website or the App’s service to gain unauthorized access to any other computer system; and

• Using the Website to drop ship merchandise to third parties.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website or the App. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding,'' “mailbombing” or “crashing” the Website or the App, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Website within another web website. You may not resell use of, or access to, the website to any third party without the prior written consent of NOT YO MOMMA’S MAC.

Accessing the Website, your Account, and Account Security

In order to access certain Services on the Website, you will need to establish an Account (your “Account”) for which you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the website under such access codes or passwords. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not use someone else’s name, or post, upload or submit any content that violates any third-party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in the Company’s sole discretion). The Company may, in the Company’s sole discretion, suspend, disable, or delete your Account (or any part thereof) or block or remove any content that you submit, for any lawful reason, including if the Company determines that you have violated these Terms of Use or that your conduct or content may damage the Company’s reputation or goodwill. 

You are responsible for all activity that occurs under your Account, including any activity by any unauthorized users of your Account. You may not allow others to use your Account or share your Account with others except as otherwise provided herein. You agree to notify the Company immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. In the event your Account is for any reason shared with or used by anyone other than you, you shall be responsible for informing any such user of these Terms of Use and ensuring compliance with the same. You are solely responsible for any and all use of your Account and although the Company will not be liable for your losses caused by any unauthorized use of your Account or use by anyone other than you, you may be liable for the losses of the Company or others due to such uses. You agree that the Company, in its sole discretion, may terminate or suspend your use of the Website and Services at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Website and Services. Accessing the Website or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that the Company shall not be liable to you or any third party for any termination or suspension of your access to the Website or the Services. To understand how we use the information collected from you, please read our Privacy Policy. 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users.

You are responsible for:

1. Making all arrangements necessary for you to have access to the website.

2. Ensuring that all persons who access the website through your internet connection are aware of these Terms of Use and comply with them.

NOT YO MOMMA’S MAC strives to maintain an accessible website for its users. Please see our Accessibility Statement for further details. 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. You may delete your Account at any time. We reserve the right, but are under no obligation to, to delete an Account from the Services that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases. The Company may suspend, disable or delete your Account (or any part thereof) or block or remove any information or content you submitted if the Company determines that you have violated any provision of these Terms of Use or that your conduct or content would tend to damage the Company’s reputation or goodwill. If the Company deletes your Account or any information or content you have submitted for the foregoing reasons, you may not re-register for the Services. The Company may block your email address and Internet protocol address to prevent further registration and/or submission of information and content. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. After your Account is terminated for any reason, all Terms of Use of these Terms of Use survive such termination, and continue in full force and effect, except for any Terms of Use that by their nature expire or are fully satisfied. Upon termination, all licenses granted by the Company will terminate. In the event of Account deletion for any reason, information and content that you submitted may no longer be available. The Company shall not be responsible for the loss of such information or content. 

Additional Terms of Use 

You agree that additional Terms of Use may apply to specific portions, services or features of the Website or the App or to specific products or orders, including but not limited to ordering, shipping and return policies, membership reward programs and other terms and conditions and policies which you may find throughout our Website in connection with certain functionality, features or promotions as well as customer service (“Additional Terms of Use”), which Additional Terms of Use are made part of these Terms of Use by reference. If there is a conflict between these Terms of Use and the Additional Terms of Use, the Additional Terms of Use shall control.

You agree that your order is an offer to buy, under these Terms of Use, all Products and Services listed in your order. Availability of Products and Services cannot be guaranteed. Products, Services, and other information provided are subject to change without notice. Items depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any errors or omissions. All orders must be accepted by us, or we will not be obligated to sell the Products or Services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email. If you are using the Services or the Website and you do not wish for your Account to renew automatically, or if you want to change or terminate your subscription, please contact Customer Support at support@notyomommasmac.com or log into your Account. Your cancellation will take effect starting at the end of your current billing period. 

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order, or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any Accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Terms and Conditions for Fundraising Campaigns

For purposes of these Terms and Conditions, “you” means the organization, group, or individual sponsoring or holding the community fundraising camplaign. “We”, “our”, or “Not Yo Momma’s Mac” means Not Yo Momma’s Mac & Cheese. Not Yo Momma’s Mac & Cheese may change these Terms and Conditions at any time without notice, and such changes will be effective immediately.

Use of Name and Logo

1. We reserve the right, in our sole discretion, to deny applications for organizations, groups, or teams that do not project a positive image of Not Yo Momma’s Mac & Cheese and to prohibit sponsorship by companies that conflict with our mission, vision, and values as it relates to fundraising opportunities.  We DO NOT fundraise for companies that are associated with illegal activities, tobacco, or firearms sales, sexually explicit materials, or any other organizations that we may deem harmful to our brand. 

2. At no point may you or a representative of your organization, group, or team state or imply that you are an agent, subsidiary, or partner of Not Yo Momma’s Mac & Cheese. 

3. You may not make public announcements or promote your fundraising campaign until you receive written approval of your application. Any media coverage or promotion of the fundraising campaign must be explicitly approved by Not Yo Momma’s Mac & Cheese.  Publicity for your fundraising campaign may not imply that the campaign is hosted or co-hosted by Not Yo Momma’s Mac & Cheese or that Not Yo Momma’s Mac & Cheese is involved as anything other than a company supplying products for the fundraiser.

4. You will be authorized to use the official name “Not Yo Momma’s Mac & Cheese” in conjunction with your event only upon written approval of your application. The name “Not Yo Momma’s Mac & Cheese” may not be altered or abbreviated in any way. We require review and prior written approval of all marketing and promotional materials using our name including, but not limited to, advertising, solicitation or support letters, brochures, flyers, press releases, and website content prior to production or distribution.

5. You will be authorized to use Not Yo Momma’s Mac & Cheese logos only after you sign a separate License Agreement with us. Under this License Agreement, we will provide you with a form of the appropriate logo to use, which may not be altered in typeface, color, configuration and/or position. Any use of the logo must adhere to established graphic standards.

6. You may only commence marketing, publicity and advertising efforts after we provide our prior written approval of your marketing and promotional materials. Not Yo Momma’s Mac & Cheese is not responsible for marketing, publicity and advertising efforts related to your campaign.

Campaign Approval

1. You must complete and submit your online inquiry no less than two weeks prior to your fundraising campaign. Approval is specific to dates listed on your contract and may be extended with written notice no later than 72 hours prior to the event expiring.  Please allow a minimum of five business days for a response.  Once an event expires, you must sign a new contract before starting a new fundraising campaign.

2. You must immediately notify us in writing if there are any changes to the campaign once it has been approved.

3. We reserve the right to observe your event.

4. Not Yo Momma’s Mac & Cheese will not plan or provide staffing for the campaign on your behalf, but can help by sharing best practices and templates.

5. If circumstances warrant, we may, at any time and for any reason, direct you to cancel the campaign, and you further agree to release Not Yo Momma’s Mac & Cheese, its officers, directors, and employees from any and all liability in connection with any such action.

6. In order to coordinate fundraising activities with Not Yo Momma’s Mac & Cheese, you must provide us with a list of targeted audiences of $2,000 or more, before they are approached. Also, please remember that many individuals and businesses already support other groups, teams, and organization and may not wish to make additional donations.

Financial and Legal Information

1. In order to provide supporters with important information concerning their contributions to your campaign, all promotional material should clearly state the percentage of proceeds in net sales, and/or the portion of the sales which will benefit the organization.

2. Not Yo Momma’s Mac & Cheese does not advance any funds or pay anticipated expenses or reimburse expenses related to the campaign. If campaign expenses are greater than the money raised, you are responsible for paying those expenses.

1. You may not keep or use any portion of the proceeds as profit or compensation for organizing the campaign.

2. You may not hire a professional fundraiser, telemarketer, and/or enter into any other fundraising agreement with a third party without our knowledge and prior written approval.

3. Because Not Yo Momma’s Mac & Cheese is not the campaign host, your campaigns revenues and expenses cannot flow through our accounts.  

4. At the end of the campaign Not Yo Momma’s Mac & Cheese will make a “donation” to the organization, group, or team at which time the Campaign host must issue a receipt for the donation containing the amount of funds raised as well as the organizations TAX exempt ID number.

5. All orders placed through the campaign will be fulfilled and mailed out at the end of the campaign, unless otherwise agreed upon by the campaign host and Not Yo Momma’s Mac & Cheese.

6. Not Yo Momma’s Mac & Cheese may enter into a contract with other organizations, teams, or groups while your promotion is under way.   Our agreement creates no exclusive rights for your group, organization, or team.

7. You are responsible for obtaining and filing all applicable government permits, licenses, and/or applications. You also agree to carry out your campaign so as to not do or allow any of the prohibited acts and practices described in the California Nonprofit Integrity Act (Government Code section 12599.6(f)).

8. Campaigns must comply with all federal, state and local laws governing charitable fundraising and gift reporting. All gift receipts shall be made out to “Not Yo Momma’s Mac & Cheese”.  If your sponsors order directly from the Not Yo Momma’s Mac & Cheese without using the proper URL Link, you must inform us of the value of such goods in writing with the following information:  supporters name, address, and order confirmation number. Not Yo Momma’s Mac & Cheese will adjust your earnings and will issue contributions if you provide complete information for all applicable supporters.

9. You agree that you will not represent to the public that you enjoy any tax-exempt rights or privileges as a result of your role in your campaign (unless you have separate tax-exempt status).

10. Not Yo Momma’s Mac & Cheese carries standard Food Safety insurance, therefor you may choose to obtain your own liability insurance to cover additional liabilities, campaign premises liability, and workers compensation insurance for employees who are designated to run the campaign.  You agree to indemnify and hold harmless Not Yo Momma’s Mac & Cheese and its officers, directors, employees and agents from any and every claim, demand, suit and payment related to or caused by your campaign.

11. Not Yo Momma’s Mac & Cheese and its officers, directors, employees and agents are not responsible for the cost, planning or staffing of your campaign. We will not assume any legal or financial liability associated with your campaign, nor will we indemnify you, nor any party involved in your event, for any damage, expense, or other costs arising from or in any manner related to your campaign. Not Yo Momma’s Mac & Cheese is not liable for any personal injuries or damage to property occurring during your campaign and we cannot assume any type of liability for the campaign.

Intellectual Property Rights, Use, and Ownership

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except as follows:

1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

2. You may store files that are automatically cached by your Web browser for display enhancement purposes.

3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

4. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

5. If we provide social media features (i.e. Facebook, Twitter, Instagram, TikTok, YouTube or Pinterest) with certain content, you may take such actions as are enabled by such features.

You must not:

1. Modify copies of any materials from this Website.

2. Use any illustrations, photographs, video or audio sequences other than in the course of navigating the Website and purchasing the services represented therein.

3. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.

If you wish to make any use of material on the Website other than as set forth in this section, you may address a request to support@notyomommasmac.com. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

You further acknowledge and agree that:

(a) The Website and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Company-generated content and content developed by or for the Company is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, the Company owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Website.

(b) All uses on the Website or the Services of the Terms of Use in relation to the Services of the following terms "sell," "sale," "resell," "resale," "purchase," "price" and the like mean the purchase or sale of a license for the Services. Each Service marketed on the Website is made available solely for license, not sale, to you and other prospective customers under the Terms of Use, conditions, and restrictions contained herein.

(c) The Company, its licensors, successors and assigns are and will remain the sole and exclusive owners of all intellectual property rights in and to the Content and each Product and Service made available on the Website and the Services and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under these Terms of Use. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products or Services made available through the Website, or of any intellectual property rights relating to those Products or Services.

(d) The NOT YO MOMMA’S MAC name, logos, related names and logos, service names, designs, slogans, and affiliated applications and technologies are the exclusive property of the Company. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. The Company owns and retains all proprietary rights in the Website and the Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Services, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

Privacy

All information we collect on this Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your use and/or purchase of Products or Services. Please review the Privacy Policy for important information regarding the information NOT YO MOMMA’S MAC collects and your rights. When you sign up for certain of our Services using email, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Services, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third-party partners.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your Account settings.

You represent and warrant that:

1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

2. All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

The Website may contain links to third party Websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party Websites, including privacy and data gathering practices. In addition, the Company will not and cannot censor or edit the content of any third-party Website. By using the Website, you expressly relieve and release the Company from any and all liability arising from your use of any third-party Website. 

Under no circumstances will NOT YO MOMMA’S MAC be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any such content or communications posted on the Website or endorse any opinions expressed therein.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.

3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

5. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

5. Be likely to deceive any person.

6. Promote any illegal activity, or advocate, promote or assist any unlawful act.

7. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

9. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user Account of repeat infringers. NOT YO MOMMA’S MAC will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”).

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

NOT YO MOMMA’S MAC Product Information; Limitation on Quantities

Excluding any content that may be submitted by users from time to time, we strive to ensure that the information on the Website is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by users and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our website will be available.

PAYMENT AND PRICING

If you wish to purchase any Product or Service made available through the Website (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your debit or credit card number, the expiration date of your debit or credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any debit or credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to NOT YO MOMMA’S MAC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All prices posted on the Website and/or Services are subject to change without notice and may vary by your location. The price charged for a Product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases or decreases will only apply to orders placed after such changes. Price decreases for active subscriptions may occur with notice to existing subscribers. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your checkout total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the NOT YO MOMMA’S MAC Products ordered will be used only in a lawful manner. NOT YO MOMMA’S MAC reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

The provider of Services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Pricing Adjustments

We reserve the right to adjust prices in our sole discretion, at any time and without notice to you. All prices shown on the Website are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Website. NOT YO MOMMA’S MAC will not be able to notify you of changes in any applicable taxes. The shipment of the Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your order or subscription in accordance with these Terms of Use.

Payment

You agree that by placing an order on the Website or the App, you are entering into a binding contract with NOT YO MOMMA’S MAC and agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. You agree to pay for all orders made from your Account in accordance with the prices and billing Terms of Use in effect at the time an order is made from your account. You also agree to pay all applicable taxes. To make an order from your Account, you must provide valid payment information (e.g. credit card, debit card) through the Website. By placing an order through your Account, you also agree and authorize (1) the payment method(s) you provide to be immediately charged for all fees and taxes applicable to your order, (2) NOT YO MOMMA’S MAC to automatically charge alternative payment methods associated with your Account if a primary payment method is declined or no longer available, (3) NOT YO MOMMA’S MAC to share payment information and instructions required to complete the payment transactions between NOT YO MOMMA’S MAC, our payment processors, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (4) that no additional notice or consent is required for the foregoing authorizations. You agree to immediately update your Account in the event of any change in your payment information. NOT YO MOMMA’S MAC reserves the right at any time to change its billing methods. If a payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. If a payment is not successfully paid and you do not edit your payment method or cancel your purchase of a Product, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. NOT YO MOMMA’S MAC reserves the right to collect any outstanding payment due, and may transfer the collection of your outstanding balance to a third-party collection agency.

Gift Cards

Gift Cards purchased through our website do not expire and can be redeemed at any time for any item on our website that is in stock and available.  Gift cards can not be used for recurring subscriptions or Special Occassion Orders.  Gift Cards cannot be returned or exchanged for cash.  If your gift card is lost or stolen, contact us to request replacement.  Should the total cost of your purchase exceed the gift certificate’s value, you will be required to cover the difference with an alternative payment method.  In addition, any unused portion of the gift card will remain available until all funds are used off of the card.  

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Not Yo Momma's Mac & Cheese reserves the right to cancel any Gift Certificate obtained fraudulently, or if found to be part of an unauthorized resale transaction.  In the event we find that the holder misuses or violates our Terms of Agreement in anyway, Not Yo Momma's Mac & Cheese can cancel and void the gift card without notice.  Gift Cards may also be voided if Not Yo Momma's Mac & Cheese finds any alterations or unauthorized endorsements are detected.  In the event the business closes or transitions, outstanding certificates may be subject to cancellation.

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Not Yo Momma's Mac & Cheese can change the terms and conditions of the Gift Certificate at any time without prior notice. For any queries related to this Gift Certificate, contact our support team at support@notyomommasmac.com.  

All disputes related to this Gift Certificate will be resolved under the laws of the state of California.  You can find more information on Gift Card Laws in California by clicking HERE.

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