LAST UPDATED: 07/27/2014
Welcome to the Critical Mix Website (the “Site”), owned and operated by Critical Mix, Inc. (“Critical Mix”). The Terms and Conditions listed here (this “Agreement” or “Terms and Conditions”) govern your use of the Site. In this Agreement, the term “you” or “your” refers to the individual accessing the Site.
Access to, and use of the Site is limited to your personal, non-commercial use. Any use of the Site in violation of these Terms and Conditions is strictly prohibited. By using this Site, you are agreeing to be legally bound by and to comply with each of the terms of this Agreement. If you do not agree with any of the terms of this Agreement, you may not access or use the Site. These Terms and Conditions may be updated from time to time without notice to you. You are expected to review these Terms and Conditions periodically to ensure familiarity with the most current version.
III. UNAUTHORIZED USE OF SITE
You are prohibited from taking any action to interfere with the Site or any other individual’s use of the Site. Prohibited actions include, but are not limited to:
1. Using spiders, robots or other automated data mining techniques to catalog, download, store, or otherwise reproduce or distribute content available on the Site;
2. Sending to Critical Mix, and/or to or from the Site, any illegal, deceptive, or harmful code, including, without limitation, any virus, spyware, adware, or any other harmful code;
5. Forging or masking your true identity;
6. Framing a portion(s) of the Site within another website or alter the appearance of the Site;
7. Establishing links from any other website to any page of, on, or located within the Site, without the prior express written permission of Critical Mix;
9. Intentionally or willfully submitting falsified data or committing any other fraudulent act(s) in connection with use of the Site;
10. Reverse engineering any aspect of the Site or doing or taking any action that might bypass or circumvent measures or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by applicable laws; or
11. Encouraging and/or advising any individual, including, without limitation, any Critical Mix employee, to commit any act(s) prohibited hereunder.
IV. USE OF STORE
Critical Mix provides certain merchandise through the Store for free subject to your following the requirements set by Critical Mix, which can be changed at any time. You may order solely for your own use and not for others. Orders are subject to quantity limitations. Orders are subject to acceptance by Critical Mix, which may reject your order for any reason.
V. INTELLECTUAL PROPERTY RIGHTS
You may not copy, modify, alter, distribute, publish, sell or otherwise use any material on the Site in whole or in part, unless you have obtained the prior written consent of Critical Mix. All pages and content within the Site, including but not limited to, text, graphics, audio, video, photographs, surveys, logos or other materials are the intellectual property of Critical Mix. You are hereby expressly prohibited from modifying, copying, reproducing, creating derivative works of, republishing, displaying, uploading, posting, transmitting or distributing, in any way, the content available on the Site, without the prior written consent of Critical Mix.
By submitting or transmitting any photo, video, text or other communication and/or material to Critical Mix, by electronic mail or otherwise, on or in connection with the Site or the Merchandise (“Submitted Content”), you hereby grant to Critical Mix a worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submitted Content. This license includes the right to host, index, cache, distribute, and tag any Submitted Content.
You shall not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. Critical Mix reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
VII. THIRD PARTY LINKS
From time-to-time Critical Mix may provide you with the ability to voluntarily link or connect to websites maintained and/or operated by third parties (“Third Party Websites”). Critical Mix neither endorses the Third Party Websites nor the products, services, and/or opportunities advertised, offered and/or sold by, through or in connection with the Third Party Websites. Critical Mix is not responsible for the policies and/or practices of the Third Party Websites or the information collected by the Third Party Websites or any Third Parties. Please review all policies and terms and conditions applicable to the Third Party Websites.
XIII. WARRANTY DISCLAIMER
Your use of the Site and merchandise obtained through the Store (“Merchandise”) is at your sole risk. All Site information and Merchandise are provided on an “as is” and “as available” basis, without warranties of any kind, express, statutory or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement. Critical Mix does not warrant that the Site will be available or operate in an uninterrupted, error free or completely secure manner or that errors or defects will be corrected.
You agree to indemnify, defend and hold harmless Critical Mix and its affiliates and each of their respective divisions, members, managers, shareholders, directors, officers, employees and agents (“Indemnified Parties”) from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, without limitation, reasonable attorneys’ fees and court costs, arising out of, resulting from, in connection with, or caused by, whether directly or indirectly, your breach or violation of these Terms and Conditions or use of the Site or the Merchandise.
X. LIMITATION OF LIABILITY
Under no circumstances shall Critical Mix or any of its partners, agents, affiliates, or licensors or Indemnified Parties be liable to you or any other person for any indirect, direct, incidental, special or consequential and/or punitive damages arising out of or relating to this Agreement, or use or attempted use of the Site or the Merchandise. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Site. You and Critical Mix agree that any cause of action arising out of or related to the Site or any information or Merchandise must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
XI. DISPUTES; ARBITRATION
Any disputes and/or claims arising out of or related to this Agreement, the Site or the Merchandise shall be resolved exclusively through the use of binding arbitration. Such arbitration shall be subject to the Federal Arbitration Act and the rules of the American Arbitration Association which shall govern such arbitration and shall be conducted before a single arbitrator in Fairfield County, Connecticut, USA. Any claimants shall have their claims/disputes resolved on an individual basis. Class action arbitration is prohibited under this Agreement. Neither you nor Critical Mix shall be entitled to join or consolidate claims in arbitration by or against other users or arbitrate any claims as a member of a class or in a private attorney general capacity. Each party shall bear its own costs, including any attorneys’ fees, associated with such arbitration.
XII. MISCELLANEOUS TERMS
By accessing this Site you acknowledge and agree that this Site, and this Agreement, will be construed and evaluated according to the laws of the State of Connecticut and the United States. If you use this Site from other locations you are responsible for compliance with any and all applicable local laws. The headings contained in these Terms and Conditions are for reference only and shall have no effect on the interpretation and/or application of this Agreement. Critical Mix’s failure to enforce a breach by you of these Terms and Conditions shall not waive or release you from such breach and shall not waive, release or prevent Critical Mix from enforcing any subsequent breach by you of these Terms and Conditions. These Terms and Conditions represent the entire understanding and agreement between Critical Mix and you with respect to the subject matter hereof.
XXVI. QUESTIONS regarding these Terms and Conditions should be directed to email@example.com or
Critical Mix, Inc.
Attn: Legal Department
53 Riverside Avenue
Westport, CT 06880