BY USING THE SERVICE, YOU ARE AGREEING TO ARBITRATE DISPUTES AGAINST MISSION IN YOUR INDIVIDUAL CAPACITY IN ACCORDANCE WITH SECTION 22 HEREOF, AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Please review our Privacy Notice, which also governs your use of the Service, to understand our practices related to the collection and use of information provided by and through the Service.
2. YOUR ACCOUNT
If you create an account through the Service, you are responsible for maintaining the confidentiality of your account information and password, and for restricting access to such information. You accept responsibility for all activities that occur under your account or password, whether you authorized such activity or not. Mission reserves the right, in its sole discretion and without notice to you, to terminate your account or to restrict your access to all or part of the Service for any reason, including, without limitation, for extended periods of inactivity.
3. PRODUCT DESCRIPTIONS
Mission attempts to be as accurate as possible when describing and displaying products on the Service. However, items may occasionally be mispriced, described inaccurately or unavailable (for example, due to delays with respect to updating the Service or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Service. For these reasons and others, MISSION DOES NOT NOR can NOT guarantee the accuracy, RELIABILITY, CURRENCY or completeness of the information on the SERVICE, including prices, product images, DESCRIPTIONS, specifications, and indications of availability. MISSION reserveS the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.
4. PLACING YOUR ORDER
By placing an order with us you represent and warrant to us that you are resident in the U.S., that you are accessing the Service from the U.S., and that you are at least 18 years old (or the age of majority in your jurisdiction) and legally capable of entering into binding contracts. If you are under the age of 18, you may only use the Service with the involvement of a parent or guardian. All orders placed by you are subject to acceptance by Mission and all items are subject to availability.
For more information on order processing, payment methods, shipping and returns, please visit our Customer Service page, here.
5. PRICES AND PAYMENT
The price for all goods will be as quoted on our Site. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. Prices and availability information are subject to change without notice. Prices do not include sales tax, where applicable, or delivery costs, both of which you agree to pay.
6. RISK OF LOSS
All purchases through the Service are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of such items to the shipping carrier. You are responsible for filing any claims with the applicable carrier for damaged and/or lost shipments.
7. ORDER ACCEPTANCE
Acknowledgement of your order means that Mission has received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. Mission must verify an item's availability before it is shipped. Mission reserves the right, without prior notice and in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include: limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If such is the case, we may reject your order and notify you of the rejection via email. We may also require additional verifications or information before accepting any order.
Mission will also verify the price of an item before it is shipped out. If an item's correct price is lower than the stated price, Mission will charge the lower amount and ship you the item. If an item's correct price is higher than the stated price, if the item is no longer available, or if Mission determines that there were inaccuracies in the product information, Mission may cancel your order and notify you of such cancellation via email.
8. USER CONTENT AND FEEDBACK
- Submissions of User Content
You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post, transmit or otherwise provide or make available to Mission or its vendors, on or through the Service or otherwise, including User Content you permit Mission to use that is on third party companies’ websites (e.g., Instagram, Twitter, Facebook, Vine, Pinterest, Tumblr, YouTube, etc.) (“Submissions”). Mission is under no obligation to select, display, feature or use any Submission, but may do so at its sole discretion.
Every Submission will be treated as non-confidential and non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, Mission, its affiliated entities, vendors and licensees, a non-exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, translate, create derivative works from, publish, perform, display, transmit, sell, assign, distribute and otherwise exploit any Submission, as well as your name, social media user name/ handle/ identification, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. This means that your Submission(s) may be used on the Service and/or on other Mission marketing materials, including emails, social media and store signage.
IN ORDER TO MAKE A SUBMISSION, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR THE AGE OF MAJORITY IN YOUR JURISDICTION) AND A RESIDENT OF THE UNITED STATES OF AMERICA. IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OLD (OR THE AGE OF MAJORITY IN YOUR JURISDICTION) AND A RESIDENT OF THE UNITED STATES OF AMERICA, YOU MUST NOT MAKE A SUBMISSION.
When you make a Submission, you acknowledge and agree that, if selected, the Submission may be made available to the general public, together with your name and associated social media (if applicable) profile information (such as your handle and profile picture), and may be used by Mission without restriction. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials that you may have with respect to the Submission under any applicable law or legal theory.
You acknowledge and agree that Mission shall have no liability for any damages resulting from the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
Mission welcomes your comments, questions, suggestions and feedback (collectively, “Feedback”) regarding the Service and Mission's products and services. Any Feedback submitted to Mission through the Service shall be deemed non-confidential and non-proprietary. Mission shall be free to use such Feedback in any manner without limitation. You are prohibited from sending Mission any information that you consider to be confidential or proprietary through the Service. Please note that if you do send us any such information or material, the information will be treated by Mission as non-confidential and non-proprietary, and Mission will not have any obligation or liability to you arising from its and/or any third party’s receipt or use of such information or material.
- Responsibility for Feedback and User Content
You understand that all Feedback and User Content posted on, transmitted through, or linked from the Service is the sole responsibility of the person from whom such Feedback and/or User Content originated. You understand that Mission does not control, nor is Mission responsible for, any Feedback or User Content made available through the Service, and that by using the Service you may be exposed to Feedback and/or User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Mission expressly disclaims all responsibility and liability for such Feedback and User Content.
You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content. You further agree that you will not rely on such Feedback or User Content, and that under no circumstances will Mission be liable in any way for any loss or damage of any kind incurred as a result of the use of any Feedback or User Content.
9. PROPRIETARY RIGHTS
As between you and us, and except for your Submission(s), we own, solely and exclusively, all rights, title and interest in and to the Service, all the content (including, but not limited to, all text, audio, photographs, images, illustrations, renderings, drawings, reports, papers, research, other services, graphics, charts, logos, widgets, gadgets, applets, other distributable applications, other visuals, video and copy), software, code, data, information and other materials thereon (collectively, the "Site Content"), the look and feel, design and organization of the Service, and the compilation of the Site Content, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Service does not grant to you ownership or title of, in or to any Site Content or any other part of the Service.
10. LIMITED LICENSE
11. CONDUCT ON THE SITE
While accessing or using the Service and the Site Content, in addition to any other supplementary terms, rules and/or guidelines that may be posted, you agree that you shall not:
- impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;
- reproduce, duplicate, copy, download, sell, resell, or otherwise exploit the Service or the Site Content, in whole or in part, for commercial purposes without our prior written consent;
- contact any other user of the Service for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on the Service without our prior written permission;
- alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content (or attempt to do any of the foregoing), including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Service through any means, including through means not intentionally made publicly available or provided for through the Service;
- engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Service, or obtaining lists of users or other information from or through the Service, including, without limitation, any information residing on any server or database connected to the Service;
- use the Service in any manner that could interrupt, damage, disable, overburden or impair the Service or interfere with any other party's use and enjoyment of the Service, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;
- circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else's attempt to do any of the foregoing) with the Service, or any software included in the Service;
- frame or utilize framing techniques to enclose any trademark, logo, or other intellectual property or proprietary information (including images, text, page layout, or form) of Mission;
- use any metatags or any other "hidden text" utilizing Mission's name or trademarks; upload, post, transmit, distribute or otherwise publish to, on or through the Service, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, incendiary, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- use the Service or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
- upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
- use the Service or any Site Content, in whole or in part, in violation of any applicable law.
Without limiting any other rights or remedies of Mission, any unauthorized use of the Service will terminate any permission or license granted by Mission. In accordance with our Privacy Notice, Mission will cooperate with any law enforcement authorities or court order or subpoena requesting or directing the disclosure of the identity of anyone in violation of any of the foregoing.
Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, service mark or trade name displayed on the Service without the written permission of the rights holder. The use of third-party trademarks, logos, service marks or trade names on the Service does not, in itself, constitute an endorsement of any third party or its products or services, or such third party’s endorsement of Mission or its products.
13. THIRD PARTY CONTENT
The Service may include the opinions, statements and other content of third parties ("Third Party Content"). Mission does not monitor, screen, verify, update, approve or have any control over any Third Party Content. Any Third Party Content made available through the Service reflects the opinions, statements or other content of such third parties and not of Mission (or its licensors or vendors). Accordingly, Mission does not guarantee, endorse or adopt the accuracy, reliability, completeness or compliance with applicable laws of any Third Party Content. You use Third Party Content at your own risk and Mission shall have no liability whatsoever for any damages resulting from your use thereof.
14. COPYRIGHT CLAIMS
We respect the intellectual property rights of others, and expect that the people who use the Service do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please send the following information to us: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located; (d) 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; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Katten Muchin Rosenman LLP
575 Madison Avenue
New York, New York 10022
Attn: Bret Danow, Esq.
It is our policy to terminate the accounts of users who repeatedly infringe third-party copyrights.
15. THIRD PARTY SITES
17. SITE POLICIES, MODIFICATION, AND SEVERABILITY
18. DISCLAIMER OF WARRANTIES
THE SITE CONTENT AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NO MISSION PARTY (AS DEFINED BELOW) MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SERVICE OR THE SITE CONTENT INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF THE SERVICE OR ANY SITE CONTENT; OR (IV) THAT THE SERVICE, THE SITE CONTENT, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF MISSION ARE FREE FROM ERROR OR INFECTION FROM VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. THE MISSION PARTIES DO NOT REPRESENT, WARRANT OR GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICE OR ANY SITE CONTENT.
NONE OF MISSION OR OUR RESPECTIVE AFFILIATES, SUPPLIERS OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE SERVICE, AND TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF THE MISSION PARTIES (AS DEFINED BELOW) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO SUCH PRODUCTS AND SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
19. LIMITATION OF LIABILITY
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL MISSION OR OUR PARENTS, AFFILIATES, LICENSEES AND LICENSORS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "MISSION PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, COSTS OF COVER, LOST SAVINGS, LOST BUSINESS, LOST INCOME OR PROFIT, LOSS OF USE, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICE AND/OR YOUR PROVISION OF INFORMATION OR CONTENT VIA THE SERVICE, EVEN IF SUCH MISSION PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY SITE CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL THE MISSION PARTIES' TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF, RELATED TO OR BASED UPON YOUR USE OF THE SERVICE EXCEED THE TOTAL VALUE OF ANY REFUND (IF ANY) TO WHICH YOU MAY BE ENTITLED UNDER MISSION'S RETURN POLICY.
IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE SERVICE, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICE. ALL MATERIAL AND INFORMATION PRESENTED ON THE SERVICE BY MISSION IS INTENDED TO BE USED FOR EDUCATIONAL OR INFORMATIONAL PURPOSES ONLY. THE STATEMENTS MADE HEREIN ABOUT PRODUCTS HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION AND THE RESULTS REPORTED, IF ANY, MAY NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. THE STATEMENTS AND PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY CONDITION OR DISEASE. MISSION DOES NOT GIVE OR INTEND TO GIVE ANY ANSWERS TO MEDICAL RELATED QUESTIONS AND THIS SITE DOES NOT REPLACE ANY MEDICAL PROFESSIONAL OR MEDICAL RESOURCE. MISSION DOES NOT REPRESENT ITSELF AS A PHYSICIAN NOR IS THIS IMPLIED. NO PRESCRIPTION MEDICATIONS OR MEDICAL TREATMENTS ARE INTENTIONALLY PROVIDED ON THIS SITE. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
20. FORCE MAJEURE
Mission shall not be liable for any failure or unavailability of the Service and/or the Site Content or failure to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, Internet outages, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond our control.
21. APPLICABLE LAW
23. NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to email@example.com. You may also contact us by writing to: Mission Product Holdings, Inc., 60 East 42nd Street, Suite 810, New York, NY 10165, or by calling us at: (866) 944 – 6477.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The Service is intended for users who are located in the United States. Unless otherwise specified by Mission, the products displayed on the Service can be ordered and delivered only within the United States. Products displayed on the Service may be available in select retail stores in the United States and certain foreign markets. To the fullest extent permissible by applicable law, Mission does not represent that materials on the Service are appropriate or available for use in other locations, and access to the Service and/or the Site Content from territories where their content is illegal is prohibited. Persons who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Effective Date: January 1st, 2017