Terms of Service
MixIt Cocktails Inc., a Delaware corporation owns and/or operates the web pages available at www.mixitcocktails.com and all sub-domains thereof (collectively, the “Site”). Access to and use of the software (“Software”) and services (“Services”) available on or through the Site are governed by this Terms of Service (this “Agreement”).
If you are an individual paying subscriber, or are accessing the Site to use a Trial (as defined below) of the Services or Software, or are otherwise browsing the Site, this Agreement is between you, individually, and MixIt Cocktails Inc.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST MIXIT COCKTAILS INC. ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON
AN INDIVIDUAL BASIS, AND (3) YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE YOUR CLAIMS DECIDED BY A JUDGE OR JURY.
In consideration for your agreement to this Agreement and your payment of all applicable Fees (as defined below), MixIt Cocktails Inc. grants you a personal, limited, non- exclusive, non-sublicensable, non-transferable, revocable license to access and make use of the Site, the Services and the Software, subject to the terms and conditions set forth in this Agreement.
You may access and use the Site, Services and Software solely for your own personal purposes and only in accordance with any instruction manuals, user guides and other documentation as made available by MixIt Cocktails Inc. from time to time (“Documentation”).
In addition, you may not:
- copy, modify or create derivative works based on the Site, Services, Software or Documentation, or any portion(s) of any of the foregoing (individually and collectively, “MixIt Cocktails Inc. IP”);
- distribute, transmit, publish or otherwise disseminate any MixIt Cocktails Inc. IP;
- download or store any MixIt Cocktails Inc. IP except to the extent explicitly permitted on the Site;
- transfer to any third party any of your rights under this Agreement;
- access or use the Services, Software or MixIt Cocktails Inc. IP for the benefit of any third party;
- access content or data not intended for you, log onto a server or account that you are not authorized to access, or otherwise violate or attempt to violate any security or authentication feature or measures of the Site, Software
- attempt to access or derive the source code or architecture of any Software;
- attempt to probe, scan or test the vulnerability of the Site, Services and/or Software, or any associated system or network, or to breach any security
or authentication feature or measures of the Site, Software or Services, and
if you are blocked by MixIt Cocktails Inc. from accessing the Site, Software or Services (including by blocking your IP address), you will not implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address);
- interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting malicious software
or computer code (“Malicious Code”) to the Site or Services, load testing, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,”;
- email or otherwise transmit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains any Malicious Code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person or entity; (v) constitutes unsolicited or unauthorized materials; or (vi) is otherwise objectionable;
- automate access to the Site or the Services, including, without limitation, through the use of APIs, bots, scrapers or other similar devices;
- export or re-export any MixIt Cocktails Inc. IP;
- use or access any Services, Software or MixIt Cocktails Inc. IP in order to build a competitive product, service or solution;
- violate any applicable law or regulations in connection with your use of the Site, Services or Software;
- impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity, or
- permit any third party to do any of the foregoing.
Registration and Security
By completing the registration process for any given Services, you are agreeing to subscribe to the selected Services, subject to the terms and conditions of this Agreement. You agree to provide MixIt Cocktails Inc. with accurate and complete registration information, and to promptly notify MixIt Cocktails Inc. in the event of any changes to any such information.
You shall be solely responsible for the security and proper use of all user IDs, passwords or other security devices used in connection with the Site and/or the Services, and shall take all reasonable steps to ensure that they are kept confidential and secure, are used properly and are not disclosed to or used by any other person
or entity. You shall immediately inform MixIt Cocktails Inc. if there is any reason to believe that a user ID, password or any other security device issued by MixIt Cocktails Inc. has
or is likely to become known to someone not authorized to use it, or is being
or is likely to be used in an unauthorized way. MixIt Cocktails Inc. reserves the right (at its sole discretion) to request that you change your password(s) in connection with the Services, and you shall promptly comply with any such request.
You are solely responsible for all activity in connection with access to the Site and/or Services through your account or using your password, and for the security of your computer systems, and in no event shall MixIt Cocktails Inc. be liable for any loss or damages relating to such activity.
Fees, Payment and Trial Memberships
If you have registered to use certain Services and/or Software on a trial basis, then you may use such Services and Software only for noncommercial evaluation purposes during the applicable trial period. In all other cases
your access to or use of the Services and/or Software shall be contingent upon your payment of all applicable fees as described from time to time (“Fees”).
Upon registering for Services, unless you are an Authorized User thereof, you will be required to designate a valid Apple Pay account. You hereby authorize MixIt Cocktails Inc. to charge to your designated account all Fees relating to the Services you select, and you agree to pay all such Fees.
MixIt Cocktails Inc. reserves the right to revise its Fees, including by increasing or adding new Fees, at any time on ten (10) days’ notice. Such notice may be sent to you
by email to your most recently provided email address or posted on the Site or by any other manner chosen by MixIt Cocktails Inc. in its commercially reasonable discretion. You will be deemed to have received any such notice that is posted
on the Site on the day it was posted. Your use of the Services after the ten (10) day notice period constitutes your acceptance of the new or revised Fees. If you do not agree to the revised Fees, you may cancel your subscription.
To ensure uninterrupted service, all subscriptions to the Site, Software and Services are renewed automatically. You hereby authorize MixIt Cocktails Inc. to charge subscription Fees for the renewal period t. All subscriptions are renewed at the subscription level(s) in effect at the time the then- current subscription term ends. You may cancel the subscription at any time
MixIt Cocktails Inc. may offer a free trial membership from time to time with regard
to certain Software or Services (a “Trial”). By accessing or using the Site, Services or Software, you agree to the terms of any such Trial and further agree to any changes MixIt Cocktails Inc. may make to such Trial as described in “Changes to Services
or Terms” below. If you cancel the Services before the end of the trial period, all your rights to any remaining free trial period will be waived and you will not be eligible
to participate in any further Trials, except as allowed by MixIt Cocktails Inc. in its sole discretion.
Termination and Refund Policy
This Agreement shall continue until you cancel your subscription or until terminated by MixIt Cocktails Inc.. You may cancel your subscription at any time.
If you cancel after your subscription renewal date, you will not receive a refund for any amounts that have been charged. Your cancellation will be effective at the end of your then-current subscription period, subject to applicable law, and you may use the Services until your cancellation is effective (unless your access is suspended or terminated as set forth below).
MixIt Cocktails Inc. may deny you access to all or any part of the Services or terminate your account with or without prior notice if you engage in any conduct or activities that MixIt Cocktails Inc. determines, in its sole discretion, violate this Agreement or the rights of MixIt Cocktails Inc. or any third party, or is otherwise inappropriate. Without limitation, MixIt Cocktails Inc. may deny you access to the Services, or terminate this Agreement and your account.
Upon termination of your account(s), your right to use the Services and Software and to access the Site and any of its content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and miscellaneous provisions.
Except as may be expressly set forth herein, all Fees paid or accrued in connection with any Services are non-refundable, and MixIt Cocktails Inc. will not prorate any Fees paid for a subscription that is terminated before the end of its term.
Access to Services
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to or access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, internet service and telecommunications capacity. You shall be solely responsible for ensuring that such
equipment and ancillary services are compatible with the Services and Software.
The Site, Software and Services may include products and services that are available via a mobile device, including (i) the ability to upload content to the Services via
a mobile device, (ii) the ability to browse the Services and the Site from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited
or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that MixIt Cocktails Inc. may communicate with you regarding MixIt Cocktails Inc. and other entities by electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your mobile telephone number.
Changes to Services or Terms
MixIt Cocktails Inc. reserves the right at any time to (i) change any information, specifications, features or functions of the Site, Services or Software, including any Trial, (ii) suspend or discontinue, temporarily or permanently, any or all of the Services or any Trial, including the availability of any feature, database or content, or (iii) impose limits on certain features and Services or restrict access to parts or all of the Services, including any Trial, in each case with or without prior notice and
without any liability to you or any third party. MixIt Cocktails Inc. will use its commercially reasonable efforts to notify you of changes to the Services and/or Software that, in MixIt Cocktails Inc.’s reasonable opinion, have the effect of materially and adversely diminishing the functionality of the Services to which you have subscribed.
MixIt Cocktails Inc. may from time to time update or revise this Agreement. If MixIt Cocktails Inc. updates or revises this Agreement, MixIt Cocktails Inc. will notify you either by email
to your most recently provided email address, by posting the updated or revised Terms of Service and End User License Agreement on the Site or by any other manner chosen by MixIt Cocktails Inc. in its commercially reasonable discretion. Your use of the Site, Services or Software following any such update or revision constitutes your agreement to be bound by and comply with this Agreement as updated
or revised. It is your responsibility to review the Terms of Service and End User License Agreement periodically.
Links to Third Party Sites
Any links on the Site to third party websites are provided for your convenience only. If you choose to access third party websites or obtain products or services from third parties, you do so entirely at your own risk and such access is between you and such third party. MixIt Cocktails Inc. does not warrant or make any representation regarding the legality, accuracy or authenticity of content presented by such websites or any products or services offered by third parties and shall have
no liability for any loss or damages arising from the access or use of such websites, products or services.
Consent to Receive Email
Your registration to use the Site and/or Services constitutes your consent to receive email communications from MixIt Cocktails Inc., including messages regarding customer service issues and other matters. You may opt not to receive email correspondence, other than technical notifications and email regarding issues related to your account and your use of the Site and Services, at any time by following the link included
in the email messages.
Data Collection and Privacy
MixIt Cocktails Inc. does not collect personally identifiable information from you except
In addition, MixIt Cocktails Inc. may engage third parties to conduct risk control and fraud detection/prevention activities.
All intellectual property rights in and to the User Content are and shall remain your property, and MixIt Cocktails Inc. shall acquire no right of ownership or use with respect
to any User Content except in connection with its provision of the Services under this Agreement.
All intellectual property rights in and to the Software, Site and Services and other MixIt Cocktails Inc. IP are and shall remain the sole property of MixIt Cocktails Inc. and its affiliates and licensors, as applicable, and you shall acquire no right of ownership or use with respect to any Software or other MixIt Cocktails Inc. IP except as specified in this Agreement. You may from time to time provide MixIt Cocktails Inc. with suggestions, comments, recommendations and/or feedback regarding the Services, the Software and/or MixIt Cocktails Inc.’s related technologies (“Feedback”). Any and all Feedback is and shall be given entirely voluntarily. As between the you, MixIt Cocktails Inc. and, all Feedback shall be exclusively owned by MixIt Cocktails Inc., and you hereby make all assignments necessary to accomplish the foregoing ownership, and as a result MixIt Cocktails Inc. shall be freely entitled to reproduce, prepare derivative works, disclose to third parties, display and perform (publicly
or otherwise), sell, lease, license, distribute and otherwise use and exploit any and all such Feedback as it deems appropriate, at its sole discretion, without obligation
or liability of any kind to you.
You shall indemnify, release and hold harmless MixIt Cocktails Inc. and its affiliates, and each of their respective officers, directors, employees and agents, from and against any loss, liability (including settlements, judgments, fines and penalties) and costs (including reasonable attorney fees, court costs and other litigation expenses) relating to any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services or Software, violation of this Agreement, or infringement of any intellectual property or other right of any person or entity. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time
of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIXIT COCKTAILS INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES AND SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SITE, SERVICES AND SOFTWARE ARE AT YOUR OWN SOLE RISK AND THAT THE SITE, SERVICES AND ANY SOFTWARE ARE PROVIDED
ON AN “AS IS” AND “WITH ALLL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MIXIT COCKTAILS INC. DOES NOT WARRANT THAT THE OPERATION OF THE SITE, SERVICES AND/OR SOFTWARE WILL MEET YOUR
REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability
IN NO EVENT SHALL MIXIT COCKTAILS INC. BE LIABLE WITH RESPECT TO THE SITE, SERVICES AND/ OR SOFTWARE FOR (I) ANY AMOUNT IN THE AGGREGATE
IN EXCESS OF THE FEES YOU HAVE ACTUALLY PAID TO MIXIT COCKTAILS INC. DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY; (II) ANY LOST PROFITS, LOST OR DAMAGED USER CONTENT OR OTHER DATA, OR FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE; OR (III) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS
A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MIXIT COCKTAILS INC. AND YOU. YOU UNDERSTAND THAT THE SITE, SERVICES AND SOFTWARE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
CERTAIN STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Agreement to Arbitrate
This Section titled “Dispute Resolution By Binding Arbitration” is referred to in this Agreement as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and MixIt Cocktails Inc., whether arising out of or relating to this Agreement (including any alleged breach thereof), the Site, Software or Services, any advertising or any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and MixIt Cocktails Inc. are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND MIXIT COCKTAILS INC. AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MIXIT COCKTAILS INC. AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
- Pre-Arbitration Dispute Resolution
MixIt Cocktails Inc. is always interested in resolving disputes amicably and efficiently, and
most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to MixIt Cocktails Inc. should be sent to 6474 Oakwood Drive, Oakland, CA 94611, Attn: Operations Department (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If MixIt Cocktails Inc. and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or MixIt Cocktails Inc. may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by MixIt Cocktails Inc. or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or MixIt Cocktails Inc. is entitled.
- Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for
very limited reasons.
Unless MixIt Cocktails Inc. and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, MixIt Cocktails Inc. agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. MixIt Cocktails Inc. will not seek attorneys’ fees from you. But, if you initiate an arbitration in which you seek more than $75,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Without limiting the severability provision in the Section titled “General Provisions” of this Agreement, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause (b) of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of clause (b) of this Arbitration Agreement is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
- Future Changes to Arbitration Agreement
Notwithstanding any provision in this Agreement to the contrary, MixIt Cocktails Inc. agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending MixIt Cocktails Inc. written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to any choice of law, conflicts of law
or other principles that would result in the applicable of the laws or regulations
of any other jurisdiction.
You and MixIt Cocktails Inc. agree to submit
to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
This Agreement and the rights and obligations herein are personal to you, and you may not assign or otherwise transfer this Agreement or any of your rights
or obligations hereunder, by operation of law or otherwise, without the prior written consent of MixIt Cocktails Inc.. MixIt Cocktails Inc. may freely assign this Agreement.
If any one or more of the provisions of this Agreement are for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the
remaining provisions of this Agreement shall be unimpaired and shall remain in full force and effect, and the invalid, illegal or unenforceable provision(s) shall
be replaced by a valid, legal and enforceable provision or provisions that comes closest to the intent of the parties underlying the invalid, illegal or unenforceable provision(s).
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
If MixIt Cocktails Inc. is unable to perform any obligation under this Agreement because of any matter beyond its reasonable control, such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether
or not involving employees of MixIt Cocktails Inc.), acts of local or central government or other competent authorities, problems with telecommunications providers, hostile network attacks or other events beyond MixIt Cocktails Inc.’s reasonable control (each, a “Force Majeure Event”), MixIt Cocktails Inc. will have no liability to you for such
failure to perform; provided, however, that MixIt Cocktails Inc. shall resume performance promptly upon removal of the circumstances constituting the Force Majeure Event. If any Force Majeure Event continues for more than sixty (60) days, either MixIt Cocktails Inc. or you may terminate this Agreement by delivery of written notice
to the other party. You will remain responsible for all Fees incurred through the last day the Services were available.
If you and MixIt Cocktails Inc. have executed a separate Subscription Agreement applicable to your access to and use of the Site, Services and/or Software, then the terms and conditions of such Subscription Agreement shall prevail to the extent of any conflict with the terms and conditions of this Agreement. In all other cases, this Agreement constitutes the entire agreement between MixIt Cocktails Inc. and you with respect to its subject matter, and supersedes all prior communications and proposals, whether electronic, oral or written, between MixIt Cocktails Inc. and you. No waiver or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Site, Software or Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact MixIt Cocktails Inc. at:
MixIt Cocktails Inc.
6474 Oakwood Drive, Oakland, CA 94 611