Terms of Use

Last updated: November 1, 2020

These terms of use (“Terms”) are important and affect your legal rights, so please read them carefully.

By accessing or using any of the content, functionality, or offerings on www.mixicles.com (the “Website”), as well as on Facebook, Instagram, and other social media or interactive pages (collectively, referred to as the “Sites”) provided by Mix Ventures LLC dba Mixicles (“Mixicles,” “we,” “us,” “our,” or the “Company”), you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites, or order, receive, or use the products made available through the Sites (the “Products”).

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any Products or otherwise. If you are using the Sites on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violate(s) these Terms.

The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not previously been suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, and (d) have full power and authority to enter into these Terms and, in so doing, will not violate any other agreement to which you are a party. If you do not meet all of these requirements, you should not access or use the Sites.

Changes to Our Terms of Use

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter. Any changes to the dispute resolution provisions set forth below will not apply, however, to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Sites following the posting of revised Terms means that you accept and agree to the changes. You should check this page from time to time when you access the Sites so you are aware of any changes, as they are binding on you.

Accessing the Sites and Account Security

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

You are responsible for ensuring that all persons who access the Sites through your internet connection are aware of these Terms and comply with them.

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

Terms of Sale

All prices are shown in U.S. dollars, and any applicable taxes or other charges are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice.

All of the Products are subject to availability, and we reserve the right to impose quantity maximums or minimums on any order, to reject all or part of an order, to discontinue offering certain Products, and to substitute Products (including, but not limited to, specific ingredients or entire items) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at contactus@mixicles.com.

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, any Products for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Products to the third-party courier.

You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. To maintain the quality and integrity of the Products after delivery, we recommend that you immediately freeze all Products upon delivery and follow the U.S. Department of Agriculture’s instructions on frozen food storage and food safety. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe handling, storage, use, and consumption of the Products following delivery. If upon delivery of the Products you believe that any of the Products are not suitable for consumption, please contact us at contactus@mixicles.com.

If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Our Products are packaged with dry ice in insulated containers, and they are designed to be delivered frozen under normal delivery conditions. Depending on the season and temperature in your geographic area at the time of delivery, however, advance planning should be made for proper storage of your Products prior to consumption. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

If you are dissatisfied with any Products for any reason, please contact us at contactus@mixicles.com within 5 business days of the date you received the Products and we will either replace the Products at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price. We may arrange a return or require photographic documentation of any Products with which you are dissatisfied before we provide you a replacement, credit, or refund.

You are not permitted to resell or otherwise use the Products for commercial purposes.

Intellectual Property Rights

Unless otherwise indicated in writing by us, the Sites and all content, features, and functionality thereof (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 permit you to use the Sites for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any of the material on our Sites, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; You may store files that are automatically cached by your Web browser for display enhancement purposes; You may print one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use, and not for further reproduction, publication, or distribution; and 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.

You must not access or use for any commercial purposes any part of the Sites or any materials available through the Website. If you wish to make any use of material on the Sites other than as set out in this section, please address your request to contactus@mixicles.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms, your right to use the Sites 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 Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sites not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Notwithstanding anything to the contrary in these Terms, the Sites and content on the Sites may include software components provided by Mixicles or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

Trademarks

“Mixicles,” the Mixicles logo, and any related products, service names, logos, or slogans that may appear on the Sites or Products are trademarks of Mixicles and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or other “hidden text” utilizing “Mixicles” or any other name, trademark, product or service name of Mixicles without our prior written permission. In addition, the look and feel of the Sites and Products, including, but not limited to, all page headers, custom graphics, button icons, and scripts, constitute the service mark, trademark, or trade dress of Mixicles and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, company names, or logos mentioned on the Sites or Products are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Mixicles.

User Contributions

The Sites may contain message boards, forms, or other interactive features (collectively referred to as “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or persons content or materials (collectively referred to as “User Contributions”). All User Contributions must comply with the content standards set out in these Terms.

Any User Contribution you post, submit, publish, display, or transmit to the Sites will be considered non-confidential and non-proprietary. By providing any User Contributions on the Sites, 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 whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.

You represent and warrant that you own or control all rights in and to any User Contributions that you post, submit, publish, display, or transmit to the Sites, and that you have the right to grant the license given above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You further represent and warrant that all of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and that you—not the Company—have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. By using the interactive features and areas of the Sites, you further agree not to create, post, submit, publish share, transmit, or store any of the following:

•  User Contributions that are unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, misleading, inaccurate, harmful, or otherwise objectionable;

•  User Contributions that constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any local, state, national, or international law;

•  User Contributions that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

•  User Contributions that contain or depict any statements, remarks, or claims that do not reflect your honest views and experiences;

•  User Contributions that impersonate, or misrepresent your affiliation with, any person or entity;

•  User Contributions that reference or depict Mixicles or the Products, but fail to disclose a material connection to us, if you have one (for example, if you are a Mixicles employee or paid blogger);

•  User Contributions that contain any unsolicited promotions, political campaigning, advertising, or solicitations;

•  User Contributions that contain any private or personal information of a third party without such third party’s consent;

•  User Contributions that reference alcohol irresponsibly, such as references to overconsumption or use by minors;

•  User Contributions that contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or

•  User Contributions that, in our sole judgment, are objectionable, that restrict or inhibit any other person from using or enjoying the Sites or Products, or that may expose Mixicles or others to harm or liability of any type.

We are not responsible or liable for any User Contributions. Although we have no obligation to screen, edit, or monitor User Contributions, we reserve the right, and have absolute discretion, to remove, screen, or edit User Contributions posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Contributions you post or store on the Sites at your sole cost and expense.

User Conduct

You are solely responsible for your conduct while accessing or using the Sites. You agree to abide by these Terms and, without limiting the foregoing, will not do any of the following while accessing or using the Sites:

•  Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;

•  Engage in any defamatory, obscene, indecent, abusive, offensive, harassing, predatory, hateful, inflammatory, violent, or threatening conduct;

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

•  Violate the legal rights (including the rights of publicity and privacy) of others, or engage in conduct 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 and our Privacy Policy;

•  Use the Sites for any illegal, unlawful, or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms;

•  Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites;

•  Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;

•  Use any manual process to monitor or copy any of the material on the Sites, or for any other purpose not expressly authorized in these Terms, without our prior written consent;

•  Use any device, software, or routine that interferes with the proper working of the Sites;

•  Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

•  Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the servers on which the Sites are stored, or any server, computer, or database connected to the Sites;

•  Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack, or otherwise attempt to interfere with the proper working of the Sites;

• Reverse engineer any aspect of the Sites, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area, or code of the Sites;

•  Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Sites that you are not authorized to access;

•  Develop any third-party applications that interact with User Contributions or the Sites without our prior written consent;

•  Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or

•  Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm the Company or users of the Sites, or expose them to liability.

Feedback

Separate and apart from User Contributions, you may submit questions, comments, suggestions, ideas, original or creative materials, or other information (collectively referred to as “Feedback”) about Mixicles, the Sites, or the Products. Feedback is non-confidential and shall become the sole property of Mixicles when submitted. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback, and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Third-Party Content

We may display content, advertisements, and promotions from third parties on or through the Sites or in shipments with Products (collectively referred to as “Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that Mixicles is not responsible or liable in any manner for such interactions or Third-Party Content.

Mixicles makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Sites, or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes, or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement, or adoption of any linked site or any information contained therein. This includes links contained in advertisements, including banner advertisements and sponsored links. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

Copyright Infringement

In accordance with applicable law, we have adopted a policy of limiting access to the Sites by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Sites infringes any copyright that you own or control, you may submit a notification of such infringement by emailing us at contactus@mixicles.com.

Monitoring and Enforcement

We reserve the right to terminate or suspend your access to all or part of the Sites, or to remove or refuse to post any User Contributions, for any or no reason, in our sole discretion. We further reserve the right to take any action with respect to any User Contributions that we deem necessary or appropriate, in our sole discretion, including, without limitation, if we believe that such User Contributions violate the Terms, including the content standards set forth herein, infringe any intellectual property right or other right of any person or entity, threaten the personal safety of users of the Sites or the public, or could create liability for the Company. We may 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. We may also take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting or transmitting any materials on or through the Sites. YOU AGREE TO HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ONE OR MORE OF THEM DURING, OR AS A CONSEQUENCE OF, ANY INVESTIGATIONS.

Notwithstanding any of the foregoing, we do not undertake to review all material before it is posted on the Sites, and we cannot ensure immediate 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 non-performance of the activities described in this section.

Changes to the Sites and Products

We reserve the right, in our sole discretion, to modify, update, suspend, or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Products at any time and without liability therefor. Any of the material on the Sites may be out of date or incomplete at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on the 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 that policy.

Linking to the Website and Social Media Features

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Website, send emails or other communications with certain content, or links to certain content, on the Website, or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not establish a link from any website that is not owned by you, cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site (for example, by framing, deep linking, or in-line linking), or otherwise take any action with respect to the materials or information on the Website that is inconsistent with any other provision of these Terms. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features or links at any time, without notice and in our sole discretion.

Geographic Restrictions

The owner and operator of the Website is based in the State of Ohio in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, vendors, suppliers, successors, and assigns (individually and collectively referred to as the “Mixicles Parties”) from and against any claims, liabilities, damages, obligations, penalties, judgments, awards, losses, costs, expenses, interest, and fees (including reasonable attorneys’ fees), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, arising out of, caused by, or relating to (a) your violation of these Terms, (b) your use or misuse of the Sites, their content, or the Products, (c) any User Contributions you create, post, submit, share, transmit, or store on or through the Sites, including our pages or feeds on third-party social media platforms, and (d) any third party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify Mixicles of any third-party Claims and cooperate with the Mixicles Parties in defending such Claims. You further agree that the Mixicles Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Mixicles.

Disclaimers

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, USE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING SUCH PRODUCTS. WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION, AND WE ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE), OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER OR DEVICE, MANUFACTURING PROCESS OR SUPPLY ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCTS.

YOUR USE OF THE SITES, THEIR CONTENT, AND THE PRODUCTS IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR THE PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES, THEIR CONTENT, OR THE PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability; Release

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIXICLES OR ANY OF THE OTHER MIXICLES PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR THEIR CONTENT, THE ORDER, RECEIPT, OR USE OF ANY PRODUCTS, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM MIXICLES, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MIXICLES’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF MIXICLES AND THE OTHER MIXICLES PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT, OR USE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, OR ACCESS OR USE OF THE SITES OR THEIR CONTENT, EXCEED THE GREATER OF $250 OR THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR THE PRODUCTS OR APPLICABLE CONTENT IN THE LAST 6 MONTHS OUT OF WHICH LIABILITY AROSE.

THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE MIXICLES’S AND THE OTHER MIXICLES PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT, AND FOREVER DISCHARGE MIXICLES AND THE OTHER MIXICLES PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH MIXICLES PARTY, FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE § 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

ACCESS TO MIXICLES’S OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS, AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY, AND IN SUCH JURISDICTIONS THE LIABILITY OF MIXICLES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Governing Law and Jurisdiction

All matters relating to the Sites and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Dispute Resolution Procedures; Arbitration

Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us at contactus@mixicles.com.

In the event that we are not able to resolve a dispute, you and Mixicles agree that any and all disputes, controversies, or claims arising out of or relating in any way to these Terms, or the contractual relationship established hereunder (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of applicable law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes (accessible at https://adr.org/consumer) (except that you may assert individual claims in small claims court, if your claims qualify). You and Mixicles each expressly waive any right to trial by jury and the right to participate in a class action lawsuit or class-wide arbitration.

The arbitration will be conducted by a single, neutral arbitrator, in the English language, and will take place at a mutually agreeable location. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this agreement to arbitrate, and the arbitrability of any dispute between you and Mixicles. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. At your request, hearings may be conducted in person or by videoconference or telephone, and the arbitrator may provide for submitting and determining motions on briefs, with or without oral hearings.

For the benefit of the parties, all aspects of the arbitration proceeding (including, but not limited to hearing and deposition transcripts, and all documents produced or used during the proceeding), will be strictly confidential.

The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If a court decides that any provision of this section is invalid or unenforceable, that provision will be severed and the other parts of this section (and the remainder of the Terms) will continue to apply, but in no case shall either you or Mixicles be permitted to participate in a class action lawsuit or class-wide arbitration.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Miscellaneous

These Terms constitute the entire agreement between you and Mixicles relating to your access to and use of the Sites and your order, receipt, and use of the Products. These Terms, and any rights granted hereunder, may not be transferred or assigned by you without the prior written consent of Mixicles.

No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and any failure of the Company to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties, and are not intended to confer third-party beneficiary rights upon any other person or entity.

Any feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to contactus@mixicles.com.

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