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Welcome to mission.com (the “Site”).  Mission Product Holdings, Inc. ("Mission") provides products and services to you subject to the following terms and conditions, which are also known as our Terms of Use ("Terms of Use").

BY ACCESSING THE SITE OR USING THE INFORMATION, TOOLS, FEATURES, AND FUNCTIONALITY LOCATED ON THE SITE (COLLECTIVELY WITH THE SITE, THE "SERVICE"), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE.

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.

We reserve the right to modify, alter or update these Terms of Use at any time, without prior notice, by posting any such modified, altered or updated version of these Terms of Use on the Site.  All such modifications, alterations and updates will become effective immediately upon posting.  We encourage you to check this page each time you visit the Site. YOUR CONTINUED USE OF THE SERVICE AFTER ANY MODIFICATIONS, ALTERATIONS OR UPDATES ARE MADE CONSTITUTES YOUR ACKNOWLEDGEMENT OF SUCH CHANGES. 

1.              PRIVACY

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

  1. 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.

If you make a Submission, you represent and warrant that: (i) you own or otherwise control all rights in and to your Submission and any and all elements thereof; (ii) you have all necessary rights from any and all third parties appearing in such Submission to grant the license contained in these Terms of Use for such third parties' names, images and/or likenesses, and any other third party-owned elements included in your Submission; (iii) the use of your Submission will not infringe, misappropriate or violate the rights of any third parties, including, but not limited to, intellectual property or personal rights (e.g., rights of publicity and rights of privacy); (iv) your Submission complies with all applicable laws, rules and regulations, as well as any third party agreements to which you are subject, including without limitation, Instagram, Twitter, Facebook, Vine, Pinterest, Tumblr and YouTube’s respective Terms of Use; and (v) your Submission does not constitute or contain any software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam."

You acknowledge that your Submission may not be returned to you and that Mission may use your Submission, and any ideas, concepts or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing its products.  Subject to the licenses granted in these Terms of Use, you retain ownership of any copyrights and rights of publicity you may have in your Submission(s).

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. 

  1. Feedback

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.

  1. 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.

You acknowledge that Mission does not pre-screen, monitor or approve Feedback or User Content, though Mission shall have the right (but not the obligation) to: (i) monitor Feedback and User Content; (ii) refuse or remove any Feedback and/or User Content that does not comply with these Terms of Use; and (iii) disclose any Feedback and/or User Content, including the circumstances of transmission, to any third party in accordance with our Privacy Notice.

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

Except as specifically provided herein, none of the Site Content may be used, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without prior written permission from Mission in each instance. Subject to the terms and conditions set forth in these Terms of Use, Mission grants you a non-exclusive, non-transferable, limited license to access, view, use and display the Service and Site Content on your computer or other Internet-enabled device, and to electronically copy and print portions of the Service for the sole purpose of placing an order with Mission or using the Service as a shopping resource.  The Service and Site Content are for your personal and noncommercial use only. Any other use the Service or Site Content - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - is strictly prohibited without the prior written permission of Mission. The permission granted above does not include any resale or commercial use of the Service or Site Content; any collection or use of any product listings, descriptions, or prices; any derivative use of the Service or Site Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

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:

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. 

12.           TRADEMARKS

The Mission trademarks displayed on the Service are the trademarks, logos, service marks, and/or trade dress of Mission and may not be used unless authorized expressly on the Service or in these Terms of Use.  All other trademarks, logos, trade names and product names, as well as league, team or organizational references, and other trademarks or images featured or referred to within the athlete biographies on the Service, are the property of their respective trademark holders and none of the foregoing shall be used unless authorized by the applicable owner. 

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

The Service may contain links to websites that are not owned, operated or controlled by Mission or our affiliates.  All such links are provided solely as a convenience to you. If you use these links, you will leave the Service.  Mission is not responsible for any content, materials or other information located on or accessible from any other website. Mission does not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from the Service, you do so entirely at your own risk, and the linked website’s posted privacy policy (not our Privacy Notice) will govern the collection and use of your information on it. We encourage you to read the privacy statements of each and every website visited after leaving the Service to learn about how your information is treated by others.

16.           INDEMNITY

To the extent permitted by applicable law, you agree to indemnify and hold harmless Mission, its parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, agents, representatives, successors and assigns, from and against any and all claims, demands, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses, including any incurred in enforcement of this indemnity) arising from or in connection with (a) the posting, transmission and/or use of any Submission by you or under your account, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; and/or (b) any breach or alleged breach by you of any of these Terms of Use or applicable laws. THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY TO THE EXTENT OF MISSION’S OWN NEGLIGENCE OR INTENTIONAL MISCONDUCT.

17.           SITE POLICIES, MODIFICATION, AND SEVERABILITY

These Terms of Use, along with our Privacy Notice and any other posted policies also govern your use of the Service. We reserve the right to modify, alter or update these Terms of Use at any time, without prior notice, by posting any such modified, altered or updated version of these Terms of Use on the Site.  All such modifications, alterations and updates will become effective immediately upon posting.  We encourage you to check this page each time you visit the Site. YOUR CONTINUED USE OF THE SERVICE AFTER ANY MODIFICATIONS, ALTERATIONS OR UPDATES ARE MADE CONSTITUTES YOUR ACKNOWLEDGEMENT OF SUCH CHANGES. 

If any of provision of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions herein.

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

This Site and the Service is controlled by Mission in the State of New York.  As such, the laws in effect in the State of New York will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

22.           DISPUTES

Any dispute relating in any way to your use of the Service or to products you purchase through the Service or from Mission shall be submitted to confidential arbitration in New York, New York; except that, to the extent you have in any manner violated or threatened to violate Mission's intellectual property rights or other proprietary rights or have taken any action that has or may violate the security or proper functioning of the Service or any Site Content, Mission may seek injunctive, monetary or other appropriate relief in any state or federal court in the state of New York (and Mission may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator is authorized to grant Mission its reasonable fees and costs (including reasonable attorney's fees) incurred by Mission in any action to enforce these Terms of Use.  YOU EXPRESSLY WAIVE YOUR RIGHT TO SUE IN COURT, AND WAIVE YOUR right to proceed before a jury. To the fullest extent permissible by applicable law, YOU AGREE THAT ARBITRATION UNDER THIS PROVISION SHALL BE SOLELY BETWEEN MISSION AND YOU ON AN INVIDIVUAL BASIS AND THERE CAN BE NO CLASS OR OTHER REPRESENTATIVE ARBITRATION. THIS MEANS THAT YOU WILL HAVE NO RIGHT TO REPRESENT OR ACT WITH OR ON BEHALF OF ANYONE OTHER THAN YOURSELF IN ANY ARBITRATION.

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 ask@mission.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.

24.           TERRITORY

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.

25.           MISCELLANEOUS

These Terms of Use and any other policy of ours which is incorporated herein by reference, contain the entire agreement between the parties relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms of Use may only be amended as set forth in Section 17, and shall in no way be amended or supplemented by written or oral statements of any of employee of Mission.  Mission’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

Effective Date: January 1st, 2017