Terms of service


These Terms of Service were last updated on July 16, 2025.

Please read these website terms and conditions of service (“Terms of Service” or “Terms”) carefully before accessing or using this website. These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”, or the “user”) and Remixed Goods, LLC and its respective subsidiaries, parents and affiliates (collectively, “Remixed Goods” or “Company” or “we” or “us” or “our”). The Terms of Service govern your use of any of our past, present or future (a) websites  that link to the Terms of Service , including, without limitation, the website located at www.getmixmix.com as well as any other media form, media channel, web or mobile application or mobile website related or connected thereto (collectively, the “Sites”); and (b) content, information, functionality, and any products (“Products”) or services made available on or offered through the Sites, or services supplied by or on the behalf of us, regardless of how you access or use it (the services described in (a) and (b) are referred to collectively herein as the “Services”).  Please read the Terms of Service carefully before using our Sites or any of the Services. 

BEFORE ACCESSING OR USING THE SITES AND/OR OUR SERVICES, PLEASE CAREFULLY REVIEW THESE TERMS OF SERVICE AS WELL AS OUR PRIVACY POLICY (the “Privacy Policy”), WHICH IS INCORPORATED BY REFERENCE TO THESE TERMS OF SERVICE.

ARBITRATION NOTICE: SECTION 19 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU AND Remixed Goods TO RESOLVE ALL DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE READ THESE TERMS CAREFULLY.

  1. Acceptance of Terms
    By accessing, browsing, or otherwise using the Sites or the Services, or by clicking to accept the Terms of Service when this option is made available to you, you agree to be bound and to abide by the Terms of Service (including, without limitation, the Privacy Policy) and understand that you are entering into a binding contract with Remixed Goods. These Terms of Service apply to all users of the Sites, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to be bound by all of the terms and conditions contained herein, you may not access or use the Sites or the Services.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Supplemental terms and conditions or documents that may be posted on the Sites from time to time, and any new features or tools that are added to the Sites shall also be subject to and are hereby expressly incorporated into these Terms of Service by reference. 

  2. Age Requirements
    In order to access the site and use the Services, you must be at least twenty-one (21) years of age and fully able and competent to enter into and abide by these Terms. Individuals under the age of twenty-one (21) are not permitted to use the site or the Service. By accessing the site or using the Service, or by clicking to accept the Terms when this option is made available to you, you represent and warrant that you are at least twenty-one (21) years of age and are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents, and service providers.
  3. Changes to Terms of Service
    You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace the Sites and these Terms of Service in our sole discretion at any time by posting updates and/or changes to our Sites.  Your continued access or use of the Sites or our Services after we update these Terms of Service constitutes your acceptance of and agreement to be bound by the terms of the amended Terms of Service.  We encourage you to review these Terms of Service periodically for changes ensure you are familiar with the current version.  Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages on the Sites or the Services.
  4. Privacy
    Your access or use of the Sites or our Services is also subject to our Privacy Policy, a copy of which is available here.  We ask that you review our Privacy Policy, which informs you of our data collection and use policies and practices as we collect personally identifiable information from the users of the Sites and our Services.
  5. Products
    Our Products are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or illness.  Our Products and any statements made regarding our Products have not been evaluated or approved by the U.S. Food and Drug Administration for any indication, including safety and efficacy.  By accessing this Site, you acknowledge the information provided on this Site, within any Company social media pages or channels, and all of the documentation and literature included with any Product identified on the Site, is provided for informational and educational purposes only.  In no way is any of the information contained in these Terms of Service or elsewhere on the Site intended to be a medical or prescriptive guide or a substitute for informed medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects.  You should never delay seeking or disregard advice from a medical professional based on something you have read on the Site. 

    Company makes no representations that the Products or Services made available through this Site will be available or appropriate in every jurisdiction in which this Site may be accessed or Services utilized.  To the best of Company’s knowledge, it operates legally under both state and federal law in the United States, including without limitation applicable portions of the Federal Agriculture Improvement  Act of 2018, but excluding the United States Food and Drug Administration’s interpretation of certain provisions of the Federal Food, Drug, and Cosmetic Act, specifically, 21 U.S.C. § 331(ll) and 21 U.S.C. § 321(ff)(3)(B)(ii); however, it is up to you to determine whether accessing this Site and purchasing our Products are legal where you are.  You expressly acknowledge that you are familiar and assume full responsibility for cooperating and complying with all laws regarding the use, possession and consumption of the products on the Site in your state and local municipality.

    You access this Site and purchase our Products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties. You may only place an order to purchase our Products or use our Services in accordance with the laws of the United States and any applicable international jurisdiction in which you will possess, use, or ship any Products.

  6. Safety Acknowledgment
    Please consult your healthcare professional about potential interactions or other possible complications before using any Product.  If you are pregnant, nursing, or diagnosed with a heart condition, allergies, or other medical conditions, seek the advice and assistance of a physician or trained health professional before purchasing our Products.  If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider.  Company shall not be held liable for medical or other claims made by third parties or customer testimonials relating to the safety, use, or efficacy of our Products. Keep Products out of reach of children and animals.
  7. Consumption of Hemp-Derived Cannabinoids and Drug Testing
    The consumption of certain hemp products may lead to a positive drug test for tetrahydrocannabinol (“THC”) or certain cannabinoid metabolites.  Company cannot guarantee that Products available for sale on this Site do not contain traceable amounts of THC nor can Company guarantee that use of our Products will not result in failed drug screening for THC, other cannabinoids, or their metabolites.  Your use of Company Products is at your own risk. Company is not responsible for any personal adverse employment or professional action related to your use of the Products.

  8. Registration and User Information
    To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this Site or Services, and to terminate or suspend your access at any time without notice.

    In order to purchase Products from the Site you must complete the checkout process to obtain become a customer.  You will be required to provide your name, address, email address, phone number (“User Information”).  You must provide complete and accurate information during the registration process.  You have an ongoing obligation to update your User Information if and when it changes.  Our information collection and use policies with respect to your User Information are provided in our Privacy Policy, which is incorporated into these Terms of Service by reference.  An age verification confirmation will occur during the checkout process in order to confirm that you are of legal purchasing age.  Only persons of legal purchasing age that meet our Age Restrictions above and who have confirmed their age can purchase Products, use our Services, and participate in any promotions or offers.

    You may also be asked to provide a username and password. You are solely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time.  You are also solely responsible for any and all activities that occur under your registration or your User Information.  You agree to notify us immediately of any unauthorized use of your account, username, or password. If you use a password that we consider insecure, we will be entitled to require the password to be changed and/or terminate your account.You agree that you will not create more than one account.  By registering and obtaining an account you affirm you will follow the Terms of Service.  Your registration constitutes your consent to enter into agreements with us electronically.We shall not be liable for any loss that you incur as a result of someone else using your account, username, or password, either with or without your knowledge.  You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account, username, or password.We reserve the right to terminate your registration or to refuse Services to you, without prior notice to you, at any time and for any or no reason.
  9. Use of the Sites and Services
    We authorize you to access and view the materials on the Sites (including the Content) and use our Services solely for your personal, non-commercial use. Any other use of the Services requires the prior written consent of Remixed Goods. In doing so, you agree you will not: (i) use the Sites or any feature of the Sites or our Services for any purpose which we determine in our sole and absolute discretion to be unlawful, tortious, abusive, harassing, libelous, defamatory, obscene, misleading, threatening, hateful, racist, or embarrassing, or that violates proprietary or intellectual property rights of Remixed Goods or third parties, including patents, trademarks, or copyrights, or that compromises the privacy of another party’s communications; (ii) act in a manner that may damage the image or reputation of Remixed Goods or our products or services; (iii) use the Sites or any feature of the Sites or our Services to transmit any advertising, promotional materials or similar materials without our express written consent; (iv) collect, store, use or disseminate Personal Information (as defined in the Privacy Policy) about other users of the Sites or our Services; (v) upload, post, email, or otherwise transmit or introduce any material that contains viruses, Trojan horses, ransomware, or any other computer code, files, or programs that might alter, interrupt, limit, or interfere with the functionality of the Sites, any function of the Sites, our Services or any computer software or hardware or telecommunications equipment, including servers; or (vi) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Sites, features that prevent or restrict improper access through the Sites, or features that enforce limitations on the use of the Sites, Services, or the Content.

    Information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Sites from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representations that the products or Services made available through the Sites will be available or appropriate in every jurisdiction in which the Sites may be accessed or Services utilized.  You access the Sites and purchase Products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties.

  10. Content
    The Sites and all of our Services and all of their content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text design, graphics, logos, icons, images, video, audio, downloads, interfaces, code and software, and all other intellectual property exhibited or made available on the Sites or through the provision of our Services (collectively referred to, as the “Content”), are all proprietary and are owned or controlled by us, our licensors and certain other third parties.  All right, title and interest in and to the Content available on the Sites or through any of our Services is the exclusive property of and owned by us, our licensors or certain other third parties, and is protected to the fullest extent by applicable intellectual property laws.  We do not grant you any license or right to use the Content by providing you with access to and use of the Sites or any of our Services other than as explicitly set forth herein.  You are strictly prohibited from reselling, decompiling, reverse engineering, disassembling, storing, reproducing, communicating, using, displaying, distributing, exploiting, exhibiting, creating derivate works from or transmitting the Content without our prior written permission.  Any unauthorized use of any of the Content in violation of these Terms of Service or the Privacy Policy is prohibited and may violate applicable intellectual property laws. 

    Content is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, duplicated, distributed, transmitted, broadcast, displayed, sold, resold, licensed, or otherwise exploited for any commercial purpose that is not expressly permitted and authorized with the prior written consent of the respective owners. Provided that you are eligible to use the Sites, you are granted a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Sites and the Content in accordance with these Terms of Service.  We reserve all rights not expressly granted to you in and to the Sites and Content.

    We are not responsible if Content is not accurate, complete, or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.  Any reliance on Content is at your own risk. We reserve the right to modify the Content at any time, but we have no obligation to update any information on our Sites or Services. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) regarding the receipt, possession, use, and sale of any item purchased from the Services.
  11. User Content, Comments and Feedback
    All comments, reviews, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by the Sites or otherwise disclosed, submitted or offered in connection with your use of the Sites (collectively, “User Content”), whether submitted in writing or electronically, directly or via a third party service provider, shall be and remain Remixed Goods’ property. Such disclosure, submission or offer of any User Content shall constitute an assignment to Remixed Goods of all worldwide right, title, and interest in all copyrights and other intellectual property in the User Content. Thus, Remixed Goods will own exclusively all such right, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any User Content. Remixed Goods is and shall be under no obligation: (a) to maintain any User Content in confidence; (b) to pay user any compensation for any User Content; or (c) to respond to any user User Content. However, all actions taken in connection with your User Content will be subject to the limitations set forth in our Privacy Policy. 

    You agree that your User Content will not contain libelous or otherwise unlawful, abusive, obscene, deceptive, or otherwise objectionable material or involve any commercial activity or promotion.  Moreover, your User Content may not contain any computer virus or other malware that could in any way affect the operation of the Site.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content.  You are solely responsible for any User Content you provide and its accuracy.  We take no responsibility and assume no liability for any User Content posted by you or any third party.

    We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of applicable law, any party’s intellectual property rights or these Terms of Service.
  12. Orders and Payment; No Refunds
    You agree that any order you place through the Site (each, an “Order”) is an offer to buy, under these Terms of Service, all Products listed in your Order.  We must accept all Orders before we are obligated to sell the Products to you.  Acceptance of your Order and the formation of the contract of sale between us and you will not take place unless and until you have received your Order confirmation email.  We may choose not to accept any Order, or cancel any Order, in our sole discretion.  If we make a change to or cancel an Order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the Order was made.  You agree to pay for all Orders you place through the Site.  By purchasing a Product using the Site, you agree to be bound by these Terms.

    We do not provide any returns, refunds or exchanges for Products you have purchased.

    All prices posted on this Site are subject to change without notice.  The price charged for a Product will be the price in effect at the time the Order is placed and will be sent out in your Order confirmation email.  Price increases will only apply to Orders placed after such changes.  Posted prices prior to checkout do not include taxes or charges for shipping and handling.  All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your Order confirmation email.  We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors. 
    We will arrange for shipment of the Products to you.  You will pay all shipping and handling charges specified during the ordering process.  Title and risk of loss pass to you upon our transfer of the Products to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.
    We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region, or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any Products that we offer.  All descriptions of Products or Product pricing are subject to change at any time without notice, and in our sole discretion.  We reserve the right to discontinue any Product at any time.  Any offer for any Product made on this Site is void where prohibited.  We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

  13. Errors, Inaccuracies and Omissions
    Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times 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 in the Site or Services or on any related website is inaccurate at any time without prior notice (including after you have submitted an Order).
    We undertake no obligation to update, amend or clarify information on the Site or related to the provision of any Products, Services or on any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Site or Services or on any related website, should be taken to indicate that all information in the Site or Services or on any related website has been modified or updated. We are not responsible if Content is not accurate, complete, or current.  All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and the Company does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete. Any reliance on Content is at your own risk.  We shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Site, Services or Products.

  14. Promotions
    If we conduct any sweepstakes, contests or other promotions (“Promotions”), the terms of each such Promotion shall be governed by terms and conditions set forth on a landing page designated for the corresponding Promotion, in addition to these Terms of Service and the Privacy Policy, as the case may be.
  15. Electronic and Telephonic Communications
     When you use the Site, participate in the Services, or send e-mails, messages and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us (e.g., newsletters and updates) including via e-mail, text messages, phone calls, social media, and push notifications at the email address or telephone number (including mobile number) you provided. You agree that all agreements and consents can be signed electronically and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

    We may send and receive (recurring) text messages through cellular telephone operators or other networks, and the level of reliability may vary. Consent to receive such message is not required as a condition of purchasing any goods or Services. We are not responsible for the timeliness or final delivery of text messages, as that is outside our control and is the responsibility of the cellular telephone operator or other networks. Your carrier may charge standard messaging, data, and other fees, and you are responsible for those charges. Notwithstanding the foregoing, we will use your mobile number in accordance with our Privacy Policy.

    IF YOU WISH TO OPT OUT OF MARKETING EMAILS FROM US, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXT MESSAGES FROM US, YOU CAN DO SO BY TEXTING THE APPLICABLE KEYWORD THAT WILL BE PROVIDED IN THE TEXT MESSAGE(S), FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand and agree that you may continue to receive communications from us while we process your opt-out requests, and you may also receive a communication confirming the receipt of your opt-out requests.

  16. Optional Third-Party Tools or Links
    We provide you with access to third-party tools or links over which we neither monitor nor have any control or input. Tools or links on the Sites or the Services to third party websites are provided solely as a convenience to you and, should you decide to use such tools or links, you acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.  Any use of optional tools or links is entirely at your own risk and discretion, and we shall have no liability whatsoever arising from or relating to your use of such optional third-party tools or links. We encourage you to be aware when you leave our Sites and to read the terms of use and privacy statements of each third-party website that you visit. The Privacy Policy referenced in these Terms of Service applies only to information collected by the Sites or our other Services.

  17. Disclaimers
    You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Company does not assume any responsibility or risk for your use of the Internet.

    THE CONTENT ON THE SITES OR OUR SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  Our obligations with respect to our products and services are governed solely by the agreements under which they are provided and nothing on the Sites or the Services should be construed to alter such agreements.  We further do not warrant the accuracy and completeness of the Content on the Sites or the Services.  We may make changes to the Content on the Sites or the Services, or to the products and services described therein, including the prices therefor, at any time without notice.  The Content on the Sites or our Services may be out of date, and we make no commitment to update the Content on the Sites or our Services.  Information published on the Sites or our Services may refer to products, programs or Services that are not available in your jurisdiction.

  18. Limitations of Liability
    IN NO EVENT WILL WE, OUR SUPPLIERS, VENDORS, RETAILERS OR OTHER THIRD PARTIES MENTIONED ON THE SITES OR IN OUR SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST REVENUE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, OUR SERVICES, THE PRODUCTS ANY WEBSITES LINKED TO THE SITES, THE MATERIALS OR INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES OR SERVICES, ANY ORDER OR THE FULFILLMENT OR NON-FULFILLMENT THEREOF, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE OR WITH OR ON THE PRODUCTS, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF YOUR USE OF THE CONTENT, MATERIALS, INFORMATION OR SERVICES FROM THE SITES OR OUR OTHER SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. 

    COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER.  IF YOU ARE DISSATISFIED WITH THE PRODUCTS, THE SITE OR ANY MATERIALS ON THE PRODUCTS, THE SITE OR THE SERVICES, OR WITH ANY OF THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, PRODUCTS OR SERVICES AS APPLICABLE.

    ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITES OR OUR OTHER SERVICES ARE ONLY OFFERED IN THE JURISDICTION WHERE THEY MAY BE LEGALLY OFFERED FOR SALE.  THE INFORMATION AND CONTENT ON THE SITES OR OUR OTHER SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE AN OFFER OR SOLICITATION.

    YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF ALL PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITES OR SERVICES. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND VERIFYING PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING ALL WARNING LABELS THAT ACCOMPANY ANY PRODUCTS.
     COMPANY, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $500 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

  19. Indemnification
    YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR PARENT, AFFILIATES, SUBSIDIARIES, AND EACH OF OUR AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, PERSONNEL, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, ALLEGATIONS, DEMANDS, ACTIONS, CAUSES OF ACTION, LAWSUITS, INVESTIGATIONS AND PROCEEDINGS INCLUDING, WITHOUT LIMITATION, ANY AND ALL LIABILITY, DAMAGES, COSTS, EXPENSES (INCLUDING, REASONABLE ATTORNEYS’ FEES), SETTLEMENTS, FINES, PENALTIES AND LOSSES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR VIOLATION OR BREACH OF THE TERMS; (II) YOUR USE OF THE SITE OR SERVICES; (III) YOUR DISPUTE WITH ANOTHER USER; (IV) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY; OR (V) YOUR VIOLATION OF APPLICABLE LAW.  THIS INDEMNIFICATION OBLIGATION WILL CONTINUE AFTER YOU STOP USING THE SITE OR SERVICES. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM AND MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AT YOUR EXPENSE, AND YOU SHALL NOT IN ANY EVENT SETTLE OR OTHERWISE DISPOSE OF ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.

  20. Accessibility
    We are committed to making our Sites and Services accessible and usable by all people, including those with disabilities and special needs. We provide technical and customer support to accommodate the needs of users with disabilities and address issues related to the accessibility of our Sites and Services. If you have difficulty using or accessing any element of the Sites or the Services or if you have any feedback regarding accessibility of the Sites or the other Services, please feel free to contact us at info@getmixmix.com.

  21. Governing Law
    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Illinois and/or the State of Michigan, as applicable, exclusive of conflict or choice of law rules. Nothing in these Terms of Service will prevent Company from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.

  22. Arbitration and Venue
    By using or accessing our Sites or Services, you consent to the exclusive jurisdiction of the federal and state courts located in Cook County, Illinois, in connection with any action or proceeding brought to enforce our rights relating to our intellectual property and/or Content or a judgment awarded pursuant to the arbitration clause set forth below, and waive any objection to the bringing of any such action or proceeding in such court based upon lack of personal or subject jurisdiction or improper venue.  All other actions or proceedings related to these Terms of Service, the Privacy Policy or our Services shall be resolved exclusively in accordance with these arbitration terms.

    Except as otherwise set herein, any dispute arising out of or relating to these Terms of Service, our Privacy Policy or the breach thereof shall be finally resolved by private, confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration shall be conducted in the English language in Cook County, Illinois. There shall be a single arbitrator. The arbitrators shall decide the dispute in accordance with the substantive law of the State of Illinois. The parties will share equally the cost of the arbitration but will separately pay their respective attorneys and other costs of the arbitration.  Any arbitral award may be enforced in any jurisdiction.  The parties hereby undertake to voluntarily comply with the arbitral award issued, as soon as it becomes final.
  23. Waiver of Jury Trial
    THE PARTIES HERETO HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THIS AGREEMENT OR THE VALIDITY, INTERPRETATION OR ENFORCEMENT HEREOF.  THE PARTIES HERETO AGREE THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT AND WOULD NOT ENTER INTO THIS AGREEMENT IF THIS SECTION WERE NOT PART OF THIS AGREEMENT.

  24. Class Action Waiver
    To the fullest extent permitted by applicable law, no arbitration under the Terms of Service shall be joined to an arbitration involving any other party subject to the Terms of Service, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis.  IN ANY DISPUTE, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.  The arbitral tribunal may not consolidate more than one (1) person’s claims and may not otherwise preside over any form of a representative or class proceeding.  The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
  25. Timing of Claims
    Any cause of action or claim you may have with respect to the Sites or Services or any product or service acquired thereunder must be commenced within one (1) year after the claim or cause of action arises.

  26. California Users and Residents
    If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

  27. Miscellaneous Provisions
    a. Amendment.  We may, in our sole in absolute discretion, modify these Terms of Service, the Content, the Services, or the Privacy Policy or any other agreement referred to herein.

    b. Termination.  We may, in our sole discretion, terminate or suspend your use or access to the Sites, the Content, our Services or your User Account for any reason.

    c. Entire Agreement.  These Terms of Service, the Privacy Policy and the other agreements referred to herein constitute the entire agreement between you and Remixed Goods and will govern your use of the Sites, our other Services and the Content contained therein and shall supersede any prior agreements between you and Remixed Goods relating thereto.

    d. Severability.  If any provision of these Terms of Service, the Privacy Policy or other agreements referenced herein are held to be invalid by any applicable law, rule, order or regulation of any government or by the final non-appealable determination of any state court, such invalidity shall not affect the enforceability of any other provision of the Terms of Service, the Privacy Policy or the applicable agreement.

    e. Waiver. The failure of Remixed Goods to exercise or enforce any right or provision of these Terms of Service, the Privacy Policy of other agreement referenced herein shall not constitute a waiver of such right or provision.

    f. Section Headings.  The Section headings set forth in these Terms of Service are for convenience only and have no legal or contractual effect.

    g. Electronic Communications, Transactions, and Signatures. Visiting the Sites, using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Sites, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

    h. Contact Us. If you have any questions about these Terms of Service, the Sites, Services, or the Content contained herein, please contact us:

    MixMix
    c/o Legal Department
    Address: 1853 W 16th Street
    Chicago, IL 60608
    Phone: (312) 248-3082 
    Email: info@getmixmix.com 

    We do not guarantee that we will receive all such communications and shall not, subject to applicable laws, be required to read, act or respond to any such email or other form of contact.  Please note, your email communications to us may not be secure and shall not be treated as confidential.