By using our Services, you affirm that you are at least 18 years of age. We do not knowingly provide Services or sell products to children. If you are under 18, you may only use our Services with the involvement of a parent or guardian.
As a condition of your access to and use of our Services, you agree not to use the Services for any purpose that is unlawful or prohibited by these ToU, or any other purpose not reasonably intended by Mixoloshe. You are expressly prohibited from engaging in any activity that may harass, abuse, harm, or in any way negatively impact the Services, other users, or Mixoloshe.
In particular, and without limitation, you agree you will not:
- Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Mixoloshe user.
- Use the Services to violate the legal rights (such as rights of privacy and publicity) of others.
- Use the Services to harm minors in any way or to intimidate, threaten, mock, or insult other users.
- Use the Services to distribute or disseminate offensive, inappropriate, pornographic, vulgar, indecent, or unlawful material or information.
- Impersonate another person or entity for the purpose of misleading others.
We reserve the right to terminate or suspend your access to the Services for any or no reason, including your breach of these ToU.
By using the Services, you agree to these ToU. If you do not agree to these ToU, you must immediately stop using the Services.
If you are using our Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These ToU constitute the entire agreement between you and Mixoloshe and govern your use of the Services.
Copyright and Intellectual Property
The content of our Site and namely but not exclusively the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the exclusive property of and owned by Mixoloshe or its affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
Except as expressly provided in Section 3 hereinafter, nothing contained on our Site shall be interpreted or construed as granting you a license or a right to use any such content of our Site.
Use of Site
Your use of the Mixoloshe Services must comply with all applicable laws and regulations. You are responsible for all activities that occur under your account, including the purchase and use of any products or services.
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- Engage in any unauthorized use of the Services (including, without limitation, political campaigning, advertising, marketing, solicitations, promotions, resale, or unauthorized collection of user's personal information)
- Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of Mixoloshe), vulgar, obscene, pornographic, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion)
You may access, copy, download or print the content of our Site solely for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary rights notice contained in any information or other material you access, copy, download or print. Any other use of content on the Site, including but not limited to the reproduction, modification, distribution, transmission, or broadcast of the content of the Site, in whole or in part and by any means, is strictly prohibited. Mixoloshe or its licensors or content providers retain full and complete title to the content provided on the site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Mixoloshe’ sole discretion. Mixoloshe neither warrants nor represents that your use of any content displayed on the Site will not infringe rights of third parties. You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading or printing any content made available on or accessed through the Site. You hereby covenant and agree that your use of the Site and any permitted use of such content shall not infringe any rights of any third parties.
You may be required to set up an account in order to use certain features of the Services. You may be required to provide information about yourself as part of the registration process and you agree that any such information is accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, and notify us immediately.
In the event the Site is ever structured such that you are able to create an account on the Site, you may be required to be at least eighteen (18) years old and create a username and password. In such event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By registering, you may agree to receive communications and promotional materials from Mixoloshe and its affiliated entities.
The Food and Drug Administration (FDA) has not evaluated any statements or materials on our site nor products we sell and distribute through our online store. Neither the FDA or any regulatory agency endorses or approves any products available on our site or product ingredients. Our products on the Mixoloshe website and online store should not be anticipated to diagnose, treat, cure, or prevent any diseases. We provide information and materials on our site strictly for educational purposes; you should not use anything from our site as a substitute for professional medical advice or care. Our information is not intended to treat or diagnose any health issues or illnesses without a doctor's approval. For those of you pregnant, taking medication, nursing, or have medical conditions, we firmly advise seeking the consultation of a health professional before using Mixoloshe products. Any health-related information found on this site is provided for informational purposes only and is not meant to replace the advice of your own healthcare provider.
Information Considered Non-Confidential
You fully understand and acknowledge that you bear the responsibility for any material you submit via the Site or otherwise through the internet to Mixoloshe. This includes being responsible for the legality, reliability, appropriateness, originality, and copyright compliance of any such material. It is strictly prohibited to upload, distribute, or publish via the Site or otherwise communicate to Mixoloshe through the internet any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." Using a false email address or other identifying information, impersonating any person or entity, or otherwise misleading as to the origin of any content is strictly forbidden. Commercial content cannot be uploaded onto the Site.
In the event you submit material, unless we specify otherwise, you grant Mixoloshe and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material globally in any media. Please note that any such Materials will be treated as non-confidential and non-proprietary.
If you provide to us any ideas, proposals, suggestions, or other materials ("Feedback"), whether related to the Site or otherwise, you hereby acknowledge and agree that such Feedback is not confidential. Your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Mixoloshe under any fiduciary or other obligation. You hereby release Mixoloshe from all liability under any legal theory in connection with the use, modification, sale, or disclosure of any Feedback.
Rules for Using the Site
You agree to follow the conduct rules listed below:
- You will not knowingly provide or post any false, misleading, or fraudulent information.
- You will not use the Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
- You will not post, upload, share, submit, or otherwise provide any content that you do not have the right to provide, or that infringes on the rights of any third party, including intellectual property rights, rights of privacy, or publicity rights.
- All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party.
- Information provided or posted by you will not violate the trade secret rights of any third party.
- Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
- You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.
- You agree not to stalk, harass, or harm another individual while using the Site.
- You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
- You will not use the Site to transmit any spyware, virus or similar destructive program or code.
- You agree not to reverse engineer any aspect of the Site or do anything that might discover the source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site.
- You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
- You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.
Please be aware that we have the right to monitor your communications and activities on the Site during your usage, and may delete any content of any type for any reason or no reason, at any time, without notifying you, including any content that we, in our sole discretion, believe to be inappropriate or that could subject Mixoloshe, our affiliates, or any of our officers, directors, employees or agents to harm or liability.
Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
Change of Information, Availability of Products / Services
The products displayed on the Site may be available on our Site for purchase, and may also be available in select third-party retail locations. The products and prices displayed on the Site are subject to change at any time with or without notice. The prices or items in any particular third-party store may be different from those appearing on the Site, and the in-store information and availability controls over any conflicting information at the Site. Your placement of an order through the Site constitutes your offer to purchase the items selected by you. Mixoloshe may accept or reject your offer, and your offer is not accepted by Mixoloshe until Mixoloshe ships your order.
Mixoloshe does not guarantee that product descriptions, photographs, pricing, promotions, offers, availability, or other information on the Site is accurate, complete, reliable, current, or error-free. All Site content is provided for informational purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. Mixoloshe makes no guarantee that information on the Site is error-free, complete or current. Mixoloshe reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, Mixoloshe may decline your offer or Mixoloshe may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.
In connection with placing an order, you may be asked by Mixoloshe or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide Mixoloshe or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.
Mixoloshe may make available purchases of product through the Site, either directly or via links to websites operated by third parties. Where Mixoloshe provides a link to a third-party site, whether directly or via a third-party, Mixoloshe does so as a convenience to you and does not imply endorsement of, sponsorship of, or affiliation with the third party or site by Mixoloshe.
As a service to our visitors, our Site may contain hypertext links leading to other websites that are not operated or controlled by Mixoloshe. These links are intended solely for your convenience and do not constitute an endorsement by Mixoloshe of these linked websites or the products, services, or other materials contained on these linked websites. However, even if such third parties are affiliated with Mixoloshe, Mixoloshe has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Mixoloshe. Mixoloshe is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.
Disclaimer of Warranties
Your use of the site is at your own risk and you assume the risk of and all damages or loss from the use of, or inability to use, the site. Without prejudice to section 12 hereinafter, any and all material, information and all other content on the site are furnished to you “as is” and without guaranty of any sort, express or implied. To the maximum extent permitted by law, Mixoloshe expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement.
Mixoloshe does not guarantee that the site or its content will correspond to your expectations, meet your requirements or will not be interrupted, timely, secure or free of error. your sole and exclusive remedy for any dissatisfaction with the site is to refrain from using the site. Some jurisdictions may not allow certain limitations of warranties, so some of the above exclusions may not apply to you.
In addition, Mixoloshe does not warrant that the functions contained on or through this Site will be accessible, uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes the Site available are free of viruses, other harmful components, or hackers.
Limitation of Liability
You recognize and accept that, to the fullest extent permitted by applicable law, in no event shall Mixoloshe, its affiliates or subsidiaries or any of their respective employees, officers, directors, owners, licensors, agents or any other third parties mentioned on the site or involved in creating, producing or delivering the site, be held liable for any damages of any kind, including, but not limited to, direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by Mixoloshe), capable of arising from your access to, or use of, or inability to use, the site or its content.
All materials which are downloaded or obtained by any other manner during the use of our site are at your own risk and peril. Mixoloshe assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from the site or for any illegal intrusion or intervention in the it systems.
Mixoloshe reserves the right to interrupt or discontinue any or all of the functionality of its site. Mixoloshe accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the site resulting from actions or omissions of Mixoloshe or any third party..
Unless otherwise specified, the Site and the Content thereof are displayed solely for the purpose of promoting Mixoloshe products, services, and company. These products, services, and information may not be appropriate or available for use in other locations, and access to this Site where its content or operation is illegal is prohibited.
If any provision is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions will continue in full force and effect.
In such event and with respect to any use of the Site on a mobile device, you must immediately remove the Site from your mobile device, including all component parts. You agree that any actions taken under this Section may be effective without prior notice to you.
Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Similar Promotions
Mixoloshe only offers a standard shipping method that you may select when placing an order for the Products and does not currently offer expedited shipping options. The delivery times specified in any order confirmation are estimates only. For the avoidance of doubt, Mixoloshe does not guarantee that your order will be delivered within the time frames set forth in your order confirmation. Any delays caused by courier services are out of our control. Please note that once your order is processed, Mixoloshe cannot modify and/or expedite your order. Notwithstanding anything contained herein to the contrary, Mixoloshe shall have no liability whatsoever, with respect to orders that are shipped late or lost in transit.
If any such Products ordered by you shall be proved to Mixoloshe satisfaction to be damaged, Mixoloshe shall refund the price of the damaged Products in full. Such refund shall be Mixoloshe sole obligation and your exclusive remedy for any deficiency in Products ordered. Mixoloshe only refunds Products ordered if they are damaged. Mixoloshe does not offer exchanges for any Products. Notwithstanding anything contained herein to the contrary, Mixoloshe shall have no liability whatsoever, with respect to damages resulting from (i) changes or modifications made by you or a third party and (ii) the improper use or maintenance of the Products by you or a third party.
Once your request for a refund is received and reviewed, Mixoloshe will send you an email to notify you that we have received your request. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed , and a credit will be applied to your credit card or original method of payment, within fourteen (14) days of email confirmation from Mixoloshe. In case of rejection, we will provide the reasons for the same in our response. If you haven’t received a refund yet, check your bank account and contact your credit card company, it may take some time before your refund is officially posted to your account. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org.
Only regularly priced Products may be refunded, any Products that are offered as sale items are not eligible for a refund. Notwithstanding anything to the contrary, Mixoloshe reserves the right to refuse any requested refund, if Mixoloshe determines, in its sole, but reasonable discretion, that you are promoting, marketing, advertising, offering to sell or selling any of Mixoloshe’s Products on or through any online marketplace, online service (e.g., Ebay, Amazon Marketplace or similar websites) or otherwise without the prior written consent of Mixoloshe (in each instance).
Mixoloshe shall only provide refunds that are submitted within fourteen (14) days following the date of your original order and all such refund requests must be accompanied by (i) written documentation outlining the reason for such refund request and (ii) photographic evidence of such damaged Products. Further, to be eligible for a refund, your ordered Products must be unused and in the same condition that you received them. The Products must also be in the original packaging. Please note that items returned to us that are not eligible for a refund will not be returned to you. Mixoloshe only provides refunds from purchases made on mixoloshe.com. To request a refund for your order, please contact us via email and include all of the requirements set forth herein. For the avoidance of doubt, Mixoloshe shall not provide you with a refund if you do not abide by and/or meet all of the requirements set forth in this Section 19.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. We take allegations of copyright infringement seriously and we respect the intellectual property rights of others.
If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Mixoloshe a written notice by mail, e-mail or fax, requesting that Mixoloshe remove such material or block access to it. Your notice should include: (1) a description of the copyrighted work that you claim has been infringed; (2) a description of where the material that you claim is infringing is located on the Site; (3) your address, telephone number, and email address; (4) 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; and (5) 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.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Mixoloshe a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Counter-notices must include: (1) Your physical or electronic signature; (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (4) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Mixoloshe may be found, and that you will accept service of process from the person who provided the original infringement notification or an agent of such person.
See http://www.copyright.gov/ for details. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or identification may be subject to liability. If you are unsure whether material available online infringes your copyright, we suggest that you contact an attorney.
We are committed to adhering to the regulations of the Florida Telemarketing Act and the Florida Do Not Call Act, particularly with respect to Florida residents. In determining your residency in Florida, we take into account whether, at the point of your enrolment into our Program, (1) the delivery address you furnished is situated in Florida, or (2) the phone number you used to join the Program has a Florida area code. By agreeing to these terms, you give your consent to our conclusion about your residency in Florida based on these determinants.
Moreover, you consent not to exercise your rights as a Florida resident under the Florida Telemarketing Act and the Florida Do Not Call Act if you fail to meet either of these conditions, or alternatively, if you have not expressly notified us in writing of your Florida residency by sending us written notice.
Notwithstanding the aforementioned, when you are identified as a Florida resident, you consent to categorize mobile messages dispatched by Mixoloshe in direct response to mobile messages or requests from you (which includes but is not limited to responses to Keywords, opt-in, help or stop requests, and shipping notifications) as not falling under the definition of a "telephonic sales call" or "commercial telephone solicitation phone call". This exclusion is valid under the context of Florida Statutes Section 501, comprising sections 501.059 and 501.616, to the degree that the law is otherwise applicable and relevant.
Mixoloshe, Inc. d/b/a "Mixoloshe" 2023. All rights reserved.