Skip to content

Your Cart

Your cart is empty

TERMS OF USE

Introduction

Welcome to SMASHD! We are a premium beverage company, bringing you a blend of unique and natural flavors. Your use of our website, mobile site, Facebook site, Twitter page, Instagram platform or other social media channel products, and services (collectively, the "Services") owned and/or operated by Mixoloshe, Inc. d/b/a "SMASHD" "SMASHD", "we", "us" or "our"), which includes SMASHD’ affiliated companies, now or in the future, is governed by these Terms of Use ("ToU"). By accessing, browsing, or using the Services, you agree to be bound by these ToU, our Privacy Policy, and any additional terms that apply to certain Services you may use. If you do not agree to these ToU, please do not use our Services.

By using our Services, you affirm that you are at least 21 years of age or the legal age required by your state or province of residence you are in to purchase SMASHD products. . We do not knowingly provide Services or sell products to children or minors. You are solely responsible for knowing whether you are legally able to buy products from SMASHD. If you are under 21, you may only use our Services with the involvement of a parent or guardian.

EACH TIME YOU PURCHASE A PRODUCT ON THIS SITE, YOU ARE REPRESENTING TO MIXOLOSHE, LLC. THAT YOU ARE AN INDIVIDUAL 21 YEARS OF AGE OR OLDER. THIS ALSO APPLIES FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.

User Obligations

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 SMASHD. 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 SMASHD.

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 SMASHD 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.

Acceptance and Modification of the Terms of Use 

By using the Services, you agree to these ToU. If you do not agree to these ToU, you must immediately stop using the Services. 

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. If we decide to modify our Terms of Use, we will post a new version on the Site. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you should leave the Site and cease all use of the Site. Your continued use of the Site signifies that you agree to be bound by these Terms of Use as they are amended.

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 SMASHD 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 SMASHD 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.

All of the content made available through the Site, including, but not limited to, all text and images ("Content"), and all software used to make the Site available are and shall remain the property of SMASHD and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. From time to time SMASHD may permit you to download and view one (1) copy of selected Content on the Site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by SMASHD to access and use the Site and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by SMASHD, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Services, all or any part of the Site, or any Content made available through the Site.

Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of SMASHD or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by Mixoloshe, whether registered or unregistered, may not be used in connection with any product or service that is not SMASHD’s. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of SMASHD's trade names, trademarks or service marks without our express prior written consent. Mixoloshe will aggressively enforce its intellectual property rights to the fullest extent of the law, including by pursuing civil and criminal legal remedies.

Use of Site

Your use of the SMASHD 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 SMASHD), 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. SMASHD 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 SMASHD’ sole discretion. SMASHD 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.

Username/Password

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 twentyone (21) 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 SMASHD and its affiliated entities.

Health Information

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 SMASHD 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 SMASHD 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 SMASHD. 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 SMASHD 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 SMASHD 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. 

Furthermore, you agree that SMASHD is at liberty to utilize any ideas, concepts, and know-how that you or individuals acting on your behalf provide to SMASHD. You authorize SMASHD and its affiliates the right to use the name you submit in connection with such material, if they choose to do so. All personal information submitted via the Site will be managed in line with the Site's online Privacy Policy. You provide assurance that you possess or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you provide will not violate any provision herein and will not result in harm to any person or entity; and that you will indemnify Mixoloshe for all claims resulting from the content you supply.

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 SMASHD under any fiduciary or other obligation. You hereby release SMASHD 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:

  1. You will not knowingly provide or post any false, misleading, or fraudulent information.
  2. 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.
  3. 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.
  4. 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.
  5. Information provided or posted by you will not violate the trade secret rights of any third party.
  6. Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
  7. You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.
  8. You agree not to stalk, harass, or harm another individual while using the Site.
  9. 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.
  10. You will not use the Site to transmit any spyware, virus or similar destructive program or code.
  11. 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.
  12. 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.
  13. You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.
Site Access

We may discontinue all or part of the Site at any time, in our sole discretion. Mixoloshe may block or limit your access to the Site, with or without notice to you, and without liability to you, if: (a) you violate these Terms of Use; (b) you violate any applicable law or regulation relating to your use of the Site; (c) you engage in any conduct which Mixoloshe, in its sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to Mixoloshe or others. To ensure that we provide a high-quality experience for you and for other users of the Site, you agree that we and/or our representatives may access and/or review information provided when you comment on the Site on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site.

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.

Links

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.

Any advice or information, be it oral or written, obtained from Mixoloshe or during the use of services made available on the Site, shall not give rise to any guarantees which are not expressly provided for in these Terms of Use.

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..

Indemnification

You agree to defend, indemnify and hold harmless Mixoloshe and its directors, officers, employees, consultants, representatives, and agents from and against any and all claims, losses, liability, damages, costs and/or expenses (including reasonable attorney fees and costs) arising from and related to: your use of the Site; any material you transmit using the Site; or your violation, breach or alleged violation or breach of these Terms of Use.

This indemnification obligation will survive the termination of these Terms of Use and your use of the Site. You also agree to indemnify Mixoloshe for any claims, damages, losses, and costs (including reasonable attorneys' fees) resulting from your unauthorized use of information or material obtained from or through the Site.

Miscellaneous

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.

These Terms of Use shall be construed in accordance with the laws of Delaware, without regard to any conflict of law provisions. [Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of New York County, New York.] By using the Site, you agree and submit to the personal jurisdiction and venue of such courts.

You agree that in the event you have or may have any alleged claim against Mixoloshe or any of Mixoloshe vendors, contractors, licensees, or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, attorney’s fees in relation to any claim you have or may have against Mixoloshe or its vendors or licensors.

These Terms of Use embody the entire agreement concluded between Mixoloshe and yourself concerning the access and the use of the Site and its content. Any other terms or conditions issued by Mixoloshe and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.

The fact that Mixoloshe tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.

In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms of Use maintaining full force and effect between yourself and Mixoloshe.

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.

The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.

Termination

The Terms of Use shall remain effective until terminated as outlined herein. You agree that Mixoloshe in its sole discretion may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. Such termination may be done without any prior notice or explanation to you.

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.

Upon termination, all rights granted to you under these Terms of Use will cease immediately, and you agree that you will immediately discontinue any use of the Site. Furthermore, Mixoloshe will not be liable to you or any third party for termination of your access to the Site.

Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Similar Promotions

Any sweepstakes, contests, challenges, activities, surveys, or similar promotions made available through the Site may be governed by specific rules that are separate from these Terms of Use. By participating in any such sweepstake, contest, challenge, activity, survey, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. It's essential that you fully understand the unique rules before participating. Failure to follow these rules may result in disqualification from the event. Mixoloshe urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities.

Shipping

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.

Refunds

Damaged Products

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.

Refund Procedure

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 shop@mixoloshe.com.

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).

Refund Requirements

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.

Florida Law

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.