Updated as of May 18, 2022
Third Party Beneficiary: Without limiting any provisions of these Terms (including without limitation Section 4 hereof), MPUSA, LLC (“Mission”) is an express third party beneficiary to these Terms and is entitled to the rights and benefits under these Terms and may enforce any of the provisions hereof as if it were a party hereto.
Your use of the Website shall be deemed to constitute your consent to be bound by these Terms and shall be enforceable in the same way as if you had affirmatively agreed to these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THE WEBSITE AND DO NOT ORDER OR USE A COMPANY PRODUCT.
ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THE WEBSITE OR ANY ASSOCIATED WEBSITES, PLEASE CONTACT US TOLL FREE AT [NUMBER], 24 HOURS A DAY, 7 DAYS A WEEK OR VIA OUR CONTACT US [EMAIL].
1. USER CONDUCT.
You may only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not without our prior written consent:
• copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
• modify, distribute, or re-post any content on the Website for any purpose; or
• use the content of the Website for any commercial exploitation whatsoever.
In using the Website, you further agree to not:
• disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
• disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Website;
• upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
• use, frame, or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without Company’s express written consent;
• reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website;
• use meta tags or any other “hidden text” utilizing a Company name, trademark, or product name without Company’s express written consent;
• deeplink to the Website without Company’s express written consent;
• to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;
• collect or store personal data about others;
• attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
• post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy or publicity rights, or is otherwise in violation of any law or promotes hatred or physical harm of any kind against any group or individual. - post any material that infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website);
- use the Website in violation of any laws applicable to your use of the Website.
Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, engages in any of the prohibited activities.
a. Company Content. You acknowledge that content available on and through the Website, including, without limitation, content in the form of text, graphics, images, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (collectively, “Company Content”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a personal, non-exclusive, non-transferable, revocable, limited license to view, copy and print Company Content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the Company Content. Some materials on the Website belong to third parties who have authorized Company to display the materials. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly provided in these Terms, nothing contained in these Terms or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Company’s or a third party’s Content. Any rights not expressly granted herein are reserved.
User Generated Content. Subject to the limitations set forth herein, you may have the ability to upload photographs, comments, video clips, reviews and other communications and content to the Website (“Your Content”). Unless otherwise specified, you may only post Content to the Website if you are a resident of the United States and are eighteen (18) years of age or older. By posting or submitting Your Content to the Website, you grant Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Company and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. You represent and warrant that (a) you own or otherwise control all of the rights to Your Content and are authorized to use and distribute Your Content to the Website; (b) that Your Content is accurate; (c) that use of Your Content does not violate these Terms and will not cause injury to any person or entity; (d) that Your Content does not and will not infringe any copyright, right of publicity, or any other third party right nor violate any law or regulation and (e) that you will indemnify Company for all claims relating to Your Content. We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. Company has the right, but not the obligation, to monitor and edit or remove any activity or content. Company takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.
Trademark Notices. All trademarks and service marks displayed on the Website are the property of Company or their respective owners. You may not use or display any trademarks or service marks owned by Company without Company’s prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.
Copyright Policy & Digital Millennium Copyright Act ("DMCA") Notice. It is Company’s policy to respect the copyright and intellectual property rights of others. Company may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Company may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Company complies with the Digital Millennium Copyright Act. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed.
• A description of where the material that you claim is infringing is located on the Website (or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website).
• Your address, telephone number, and e-mail address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please direct inquiries regarding infringement issues by email to our designated agent at firstname.lastname@example.org.
3. PURCHASING ITEMS FROM US.
Product Representations. Company reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. The inclusion of any products on the Website does not imply or warrant that these products will be available at any particular time. Company takes reasonable precautions to ensure prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when making a Purchase, please note that Company does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the Website under Guarantee & Return Policy. Company’s descriptions of, or references to, products not owned by Company do not imply endorsement of that product or constitute a warranty by Company.
Pricing Errors and Omissions. Prices, availability and other Purchase terms are subject to change without prior notice. We make reasonable efforts to ensure the accuracy of the information on the Website and to correct errors once discovered, however, we do not warrant that any product or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your Purchase is canceled as a result of the error, your credit card will be refunded the full amount of your order. For the avoidance of doubt, Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested payment. Company disclaims any liability for damages or losses relating to any loss of profits or loss of commission as a result of business transactions not concluded due to price increases.
Order Placement and Acceptance. The prices charged by Company will be those in effect on the date of receipt of your order. You agree to pay Company for all charges at the prices then in effect for the products and/or services you or other persons using your account or payment method may purchase, and you authorize Company or its designated payment processor to charge your payment provider for any such purchases. All payments are to be made in United States Dollars. If you Purchase a product, payment must be received by Company prior to Company’s acceptance of the order. Company may require additional information regarding your order if you have not provided all of the information required and may cancel or limit an order any time after it has been placed. Your order is expressly conditioned on acceptance of these Terms. Once a properly completed order, your authorization and a form of payment has been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value. Company does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If Company discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, Company will also report you to federal, state and/or local enforcements authorities.
- Shipping and Risk of Loss. Company will add applicable shipping and processing fees to your order. Unless otherwise noted, Company will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Company may provide delivery or shipment timeframes or dates, you understand and agree those are Company’s good-faith estimates and may be subject to change. You further understand that product availability may be limited, and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order), Company will use reasonable good faith efforts to contact you. Company shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Company may reject orders where the stated delivery address is outside the United States.
Sales Tax. In the United States, Company is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Company is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.
Payment Information. By ordering products through the Website, telephone, or otherwise, you agree to provide true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information that is yours or for which you are authorized to provide. Company shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Company, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
You agree to accept responsibility for all purchases and other activities that occur under your name and/or account. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements, if applicable) in regard to the possession or use of any item purchased from the Website. Only major credit cards are eligible for billing and Company reserves the right to reject debit cards, gift cards, pre-loaded cards or similar billing devices
Purchases for Personal Use Only. The Products, including any samples Company may provide to you, are for personal use only. You may not sell or resell any of the Products you purchase or otherwise receive from Company unless pre-approved in writing by Company. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or withhold refunds, in our sole discretion, to those individuals we believe may be engaged in suspicious reseller activity or are otherwise violating these Terms. Among other things, we may suspect reseller activity based on factors such as order frequency, amount and quantity.
h. Automatic Renewal Terms. If you are placing an order online or by telephone as part of our automatic renewal program, your membership in the program will remain in effect until it is cancelled by you at any time by [INCLUDE INSTRUCTIONS FOR CANCELLING]. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.
IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE OR AS OTEHRWISE INSTRUCTED ON THE WEBSITE.
You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate. You must promptly notify us if your credit card information is cancelled or is no longer valid. Changes to such information can be made by calling a customer service representative at the telephone numbers listed on the Website under Customer Service. If you fail to timely update your credit card information your membership in our automatic renewal program may be terminated and your account may be sent for collection.
i. Return/Refund Policy. You may return items in accordance with the Return Policy instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also call Customer Service for assistance or see our Guarantee & Return Policy on the Website.
a. Resolution of Claims and Disputes. While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies between you and the Company arising out of these Terms, or the purchase of any products or services or any automatic renewal program (“Claims”) shall be exclusively submitted to binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. MPUSA, LLC (“Mission”) is an express third party beneficiary to this dispute resolution clause and is entitled to the rights and benefits under this clause and may enforce the provisions hereof as if it were a party hereto. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. In arbitration, as with a court, the arbitrator must honor the terms of these Terms and can award the prevailing party damages and other relief, and the parties have the right to be represented by counsel of their choice. In arbitration, however, (i) there is no judge or jury (ii) the proceedings and outcome are generally subject to certain confidentiality rules, (iii) the discovery process is limited, and (iv) a court’s review of the arbitrator’s ruling is extremely limited.
The party filing arbitration must submit Claims to the American Arbitration Association (“AAA”) and follow its rules and procedures for initiating and pursuing arbitration. Any in-person hearing in the arbitration will be held in the same city as the U.S. District Court closest to your then-current residential address, or at some other place to which you and Company (or Mission, as applicable) agree in writing. The arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current AAA Rules, and forms and instructions for initiating arbitration, by contacting the AAA at 800-778-7879, or by visiting the AAA’s website at www.adr.org.
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the AAA rules. The arbitration will follow the AAA’s then-current Consumer Arbitration Rules (the “AAA Rules”), unless those AAA Rules are inconsistent with these Terms, in which case these Terms govern. The payment of all AAA and arbitrator fees and costs will be in accordance with the AAA Rules. Subject to those AAA Rules, each party to the arbitration will bear the expense of its own attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but the prevailing party in the arbitration may recover any or all costs or expenses from the other party if the arbitrator, applying applicable law and the AAA Rules, so determines. The arbitrator’s award is final and binding on the parties.
The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim falling within the scope of such court’s jurisdiction.
Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, “PRIVATE ATTORNEY GENERAL” ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
If, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to these Terms holds that this class action waiver provision is unenforceable as to any Claim you have brought, then our agreement to arbitrate will not apply, and your Claim must be brought exclusively in court in New York County, New York.
Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THAT THE CLAIM AROSE.
5. CHOICE OF LAW.
Any dispute or conflict arising out of or relating to your use of the Website or the Purchase of any Product shall be governed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules.
6. SEVERABILITY. If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions of these Terms shall remain fully enforceable.
7. ELIGIBILITY. In order to use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian’s consent to these Terms. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.
8. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IMPORTANT NOTICE REGARDING INFORMATION ON THE WEBSITE: THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
LINKS TO OTHER WEBSITES THAT COMPANY DOES NOT CONTROL
ELECTRONIC COMMUNICATIONS, SIGNATURES AND AGREEMENTS
When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with Company electronically. You agree that Company may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Company provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You further acknowledge and agree that by clicking on any button on the Website labeled “SUBMIT,” “DOWNLOAD,” “I ACCEPT” or such similar links as may be designated by Company, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY COMPANY. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
11. TELEPHONIC COMMUNICATIONS WITH COMPANY
You acknowledge that telephone calls to or from Company are monitored and recorded and you agree to such monitoring and recording. You verify that any contact information provided to Company, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Company. You acknowledge that by voluntarily providing your telephone numbers to Company, you expressly agree to be contacted at the telephone numbers you provide. You consent to receive e-mails, pre-recorded voice messages, SMS text messages, and/or autodialed calls by or on behalf of Company relating to these Terms, any purchase or transaction with Company, matters related to your account (including debt collection), and promotions regarding Company products. These communications may be made by or on behalf of Company, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that Company will not be responsible for these charges.
12. LIMITATION ON LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL COMPANY, MISSION, OR ITS OR THEIR SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS (THE “RELEASED PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. If any part of these limitations of liability is found to be invalid or unenforceable for any reason or if
WAIVER FOR CALIFORNIA RESIDENTS: IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You agree to indemnify and hold harmless Company, Mission, its and their directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to Company that is not owned by you, in contravention of these Terms; and/or (iv) your breach of these Terms.
15. TERMINATION OR SUSPENSION OF WEBSITE
You agree that Company may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of or access to the Website, without prior notice to you, for any reason that Company, in its sole discretion, deems appropriate. You further agree that Company will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that the provisions of these Terms regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on Company’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.
16. REMEDIES FOR COMPANY
In order to avoid irreparable injury to Company, in the event of any breach or threatened breach by you of the provisions of these Terms, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. However, nothing in these Terms shall be construed as prohibiting Company from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
17. MODIFICATIONS TO TERMS
Company may make changes to these Terms, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.
18. OTHER IMPORTANT TERMS
Company may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Company. No delay by Company in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect Company’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Company in writing. These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise, but may be supplemented by additional terms, restrictions or conditions in connection with the sale or offering of sale of products on the Website.