Terms of Use

Introduction

Thank you for visiting our Web Site ("Site"). YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE. Your use of this Site is governed by the following terms of service ("Terms" or “Term of Service” or “Terms of Use”). If you do not agree with all of these Terms, please refrain from using this Site.

By using this Site, you agree to comply with, and to be bound by, these Terms. MIX may, from time to time, change these Terms in its sole discretion. By using this Site after any such change, you agree to comply with, and to be bound by, the Terms as changed.

By your use of the Site, you also certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. MIX does not knowingly collect personal information about children under the age of 13 without prior parental consent. Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Right to Change Sites

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.

Copyright, Trademark, and Other Intellectual Property Protection

This Site as a whole, and all material on this Site, is protected by copyright, trademark, and other intellectual property rights.

All materials on this Web Site (the "Site"), and the Site itself, are subject to protection by U.S. and international intellectual property laws, including, but not limited to, rights in the nature of patents, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any similar rights recognized under laws or international conventions in any country or jurisdiction in the world. These materials are owned by Mix and Company, LTD. (“MIX”) or its subsidiaries or affiliates, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Site, as well as the software used in the design and development of this Site (collectively, “Content”).

The name and mark Mix, Mix and Company, Mix and Company, LTD, MIX, 344 Newbury, 344 Newbury Street, Shop 344, any logos and all other MIX-related marks depicted in this Site, whether registered or unregistered, are trademarks or service marks of MIX.

The materials contained in this Site are displayed for informational and promotional purposes only. This Site is solely for private, personal, and non-commercial use. You may download or copy materials in this Site solely for your personal non-commercial use. You do not obtain any right, title or interest in any material or software as a result of any such downloading or copying. You may not reproduce (except for your personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this Site, any of the materials in this Site, or any related software. Any other use of materials on this Site, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of MIX, is strictly prohibited.

Submissions

You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to MIX through or in connection with this Site ("Submissions"), including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain, MIX's property. Such disclosure, submission or offer of any Submission shall constitute an assignment to MIX of all rights, title and interests in all copyrights and other rights in the Submission. MIX is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any Submission; or (iii) to respond to any Submission. You represent and warrant that no Submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any Submission through, in connection with or related to this Site, you agree that MIX has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. MIX does not, cannot and does not agree to consider or review every Submission, and is not liable or responsible for the content of any material posted on this Site by users. You agree not to upload, post, distribute or otherwise publish on this Site any material that (i) is libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; (ii) infringes the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity; (iii) is illegal in any way or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You are and shall remain solely responsible for the content of any Submission you make.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is available at http://www.shop344.com/privacy.aspx.

Links

This Site may contain links to other sites. MIX is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. Any link to another site, and reference to third-party information, products or services linked to this Site, is not, and should not be construed as, an express or implied endorsement by MIX. Any questions or comments relating to such other sites should be addressed to the operator or operators of those sites.

Products

The MIX products depicted in this Site are representative of the MIX collection. Not all MIX products are shown on this Site. Not all MIX products depicted on this Site are available in MIX stores. The style, designs and colors of MIX and other products shown in this Site may be changed without notice. We have made every effort to display accurately the color of the products depicted on this Site. However, we cannot guarantee that the actual colors displayed on your monitor are accurate.

International Access

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).

Returns or Exchanges

Returns are governed by the Return Policy. The Return Policy and the procedures contained within that policy are mandatory procedures.  Failure to adhere to those procedures will negate any obligation, express or implied, to accept returns or exchanges.

Disclaimer

The materials on the Sites are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. MIX expressly disclaims any duty to update or revise the materials on the Sites, although MIX may modify the materials at any time without notice. Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. MIX shall not be liable for any damages of any kind related to your use of the Sites.

No Warranties

THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS OR TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES. MIX DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE OR UP-TO-DATE, THAT THIS SITE IS FREE OF DEFECTS OR THAT ANY DEFECTS WILL BE REMEDIED. YOU AGREE, BY USING THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT MIX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS SITE. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL MIX BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, EVEN IF MIX HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR UNDER ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS AND MATERIALS ON THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU

Indemnity

You agree to defend, indemnify and hold harmless MIX, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to your use of this Site.

Dispute Resolution

Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and MIX agree to the following dispute resolution procedure:

In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site(s), or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent

(1)    MIX and COMPANY Legal Department, 344 Newbury St. Boston, MA 02115  Attn: Legal Department
(2)    Shop 344.com Legal department, 344 Newbury St. Boston, MA. 02115 Attn: legal Department

Both you and MIX agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.  Moreover, the initiation of this procedure and notice of a claim and communications under this procedure do not constitute notice under Massachusetts General Laws chapter 93A or any other similar provision of any state law.  Communications during this process, unless otherwise agreed, are not privileged.

Choice of Law/Jurisdiction

These Terms and your use of this Site shall be governed under the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Any dispute arising under these Terms or out of your use of this Site shall be exclusively resolved through the Dispute Resolution procedure outlined in this statement, and then by, and only by, the state courts located in the Commonwealth of Massachusetts and/or in the federal courts located in the District of Massachusetts. By using this Site, you hereby agree to the personal jurisdiction of, and venue in, such courts.

Termination

This Agreement is effective unless and until terminated by either you or MIX, which termination may occur at any time. If MIX determines, in its sole discretion, that you fail to comply with any of the terms or provisions of this Agreement, MIX may terminate this Agreement immediately and without notice. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

General

These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

Version

The Terms of Service was last updated on November18, 2010. Please check our Terms of Use periodically for changes.

Our Address

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

Mix and Company, LTD. 344 Newbury St. Boston, MA. 02115

 

 


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