PLEASE READ CAREFULLY BEFORE USING THE MIXHERS.COM SITE (“SITE”) AND ANY ASSOCIATED WEB PAGES. BY ACCESSING OR USING THIS SITE, YOU AGREE TO THE FOLLOWING TERMS & CONDITIONS (“TERMS”). IF YOU DO NOT ACCEPT THE TERMS, PLEASE DO NOT USE THIS SITE. MIXHERS, LLC (“MIXHERS”) MAY REVISE THESE TERMS AT ANY TIME, AND YOUR USE OF THE SITE AFTER SUCH CHANGES CONSTITUTES YOUR AGREEMENT TO ABIDE BY AND BE BOUND BY THE TERMS, AS CHANGED. YOU SHOULD VISIT THIS PAGE FROM TIME TO TIME TO REVIEW THE TERMS THEN IN EFFECT.
- Content. This Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, images, button icons, digital downloads, designs, logos, video material, audio clips, and data compilations (collectively, “the Intellectual Property”) are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Mixhers or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Mixhers and protected by U.S. and international copyright laws. All software used on this Site is the property of commercial software suppliers and is protected by U.S. and international copyright laws. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
- Ordering, Shipping and Returns. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Please refer to the most up to date FAQ section of the website for the current return policy.
- Accuracy of Information. We attempt to ensure that information on this Site is complete, accurate and current. However, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on this Site. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
- Risk; Internet Use. You assume total responsibility and risk for your use of the Site and the internet. You further acknowledge and agree that any transmissions you make may be intercepted and used by an unauthorized third party and that all of the risk associated therewith is solely yours.
- No Warranties. Mixhers does not make any express or implied warranties, representations or endorsements whatsoever (including, but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, the Site content, any merchandise or services provided through the Site, unless specifically stated on the Site for a particular product or service. Mixhers shall not be liable for any cost or damage arising either directly or indirectly from any transactions entered into through the Site.
Mixhers does not warrant that the Site or services will meet user requirements, or that the Site or services will be uninterrupted or error-free or that defects in the Site will be corrected. The Site and the content and services made available on the Site are provided on an “as is” and “as available” basis. You hereby release and waive any and all claims against Mixhers, its respective officers, directors, employees, members, affiliates, agents, successors or assigns, and any party involved in the creation, production or transmission of this Site arising out of, or in conjunction with your use of the Site.
- Health Disclaimer. The Site provides information regarding nutrition, health and fitness and content published over the internet and is intended only to assist users by providing useful information for them to consider. Mixhers is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in the Site should be construed as such advice or diagnosis. The information and content of the Site should not be interpreted as a substitute for consultation, evaluation, or treatment by a physician or health care professional. Any health tools found on the Site do not provide medical advice and do not replace the advice of a medical professional. You should not use the information available on or through the Site (including, but not limited to, information that may be provided on the Site by healthcare or nutrition professionals) for diagnosing or treating a health problem, disease or prescribing any medication. Information and statements regarding supplements and products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You are urged and advised to seek the advice of a physician or health care professional before beginning any diet, exercise program or taking any supplement. The Site is intended for use only by healthy individuals. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of diet, exercise program or taking any supplement. USE OF ANY PRODUCT PURCHASED THROUGH THE SITE IS A PERSONAL CHOICE. YOU HAVE CONDUCTED ALL THE NECESSARY RESEARCH AND DUE DILIGENCE TO BE PROPERLY INFORMED ABOUT THE PRODUCT(S) BEFORE YOUR PERSONAL USE.
- Territory Operation. Mixhers operates the Site from within the United States. The content and materials on the Site are intended for United States residents. If you access the Site from outside of the United States, please keep in mind that it may not conform with the laws of your country. You may not use the Site in violation of United States export laws and regulations.
- Indemnification. You agree to indemnify, defend and hold Mixhers and its parent company, affiliates, subsidiaries, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys’ fees) resulting from (i) your use, misuse or abuse of the Site, (ii) your misuse of services or goods provided through the Site, or (iii) your breach of any provision of these Terms. You will cooperate as fully as reasonably required in Mixhers defense of any claim. Mixhers reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- Limitation of Liability. Under no circumstances shall Mixhers or any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the Site (ii) the cost of procurement of substitute product or services resulting from any merchandise, data, content or services purchased or obtained or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site. You hereby acknowledge that this paragraph shall apply to all content, product, and services available through the Site. In no event shall Mixher’s total cummulative liability under these terms exceed the lesser amount of any fees paid, if any to Mixhers for the use of the site by you, or $50 (or if limited by state law, liability is limited to the least amount permitted by law). The limitations of liability provided in these Terms inure to the benefit of Mixhers, our affiliates, subsidiaries, and to all of our respective officers, directors, employees, attorneys and agents. In the event of any problem with this Site or any content, you agree that your sole remedy is to cease using this Site. In the event of any problem with the products or services that you have purchased on or through this Site, you agree that your sole remedy, if any, is to seek a return and refund for such product in accordance with the returns and refunds policies posted on this Site.
- Governing Law and Choice of Forum. The Terms and access to the Site shall be governed by and construed in accordance with the law of the State of Utah, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Utah and of the United States of America located in Utah for any litigation arising out of or relating to use of the Site or purchases of services made through the Site (and agree not to commence any litigation relating thereto except in such courts). You hereby irrevocably and unconditionally waive any objection to the laying of venue of any such litigation in the courts of the State of Utah and agree not to plead or claim in any court in the State of Utah that such litigation brought therein has been brought in an inconvenient forum.
- Access and Interference. You agree that you will not use any robot or other automated means to access the Site for any purpose without our express written permission from Mixhers. Additionally, you agree that you will not take any action that creates, imposes or interferes with the proper working of the Site, including bypassing any we may use to prevent or restrict access to the Site.
- Entire Agreement. These Terms and any documents expressly incorporated by reference constitute the entire agreement between Mixhers and you pertaining to the subject matter hereof. In its sole discretion, Mixhers may unilaterally amend or modify these Terms or any other documents referenced herein at any time. Any amended or modified terms will be effective upon posting to this Site. Your continued use of the Site constitutes acceptance of any modified terms and conditions.
- Termination. Your access to the Site may be suspended, terminated or completely restricted at anytime.
- No Waiver. Any delay or failure by you or Mixhers, at any time or times, to require performance of any provision of these Terms shall in no manner affect your or Mixher’s right at a later time to enforce such provision. No delay or failure of you or Mixhers in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.