Last Revised: December 30, 2019
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in these Terms take effect upon posting and will only apply to use of the Services after that date. Each time you access or use the Services, you signify your acceptance of the then-current Terms.
1) Permitted Users of the Services
The Services are directed to persons 16 years of age or older. The Services and Mixt do not knowingly collect information from persons under age 16 or children under age 13. If you are under 16 years of age, you may visit, browse and use the information on the Services, but you may not submit any personal information to the Services or utilize any of the Services. If you are under age 13, you are not permitted to use this Site or the Services or to submit any personally identifiable information to Mixt.
2) Permitted Use of Services
The content available through the Services, including on the Site and in the App, (the “Content”) is the sole and exclusive property of Mixt and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Services or the Content other than as expressly authorized by Mixt in writing. Use of the Services or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the Services by any means other than through a standard web browser, mobile web browser, the App, or such other method provided for by Mixt.
So long as you agree and comply with these Terms, and unless these Terms are otherwise terminated or modified by Mixt, you are permitted to access and use the Services and the Content solely for your own information and for purchase of the products or services offered here. You may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Services or the Content unless expressly authorized by Mixt. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Services or in the Content.
Special terms may apply to some products or services offered through the Services, or to any rewards, sweepstakes, contests, or promotions that may be offered through the Services. Such special terms (which may include official rules) may be posted in connection with the applicable product, service, sweepstakes, contest, promotion, feature or activity. Any such special terms are in addition to these Terms and, in the event of a conflict, any such terms shall prevail over these Terms.
4) Proprietary Rights
You acknowledge and agree that, as between Mixt and you, all right, title, and interest in and to the Services and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Mixt or its licensors and are protected by United States intellectual property laws and other applicable laws.
Copyright: All content included in the Services, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of Mixt or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Services for the sole purpose of placing an order through the Services; using the Service as a resource; or using the Service for personal information. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content, is strictly prohibited.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Services are proprietary to Mixt. Without limiting the foregoing, “Mixt” is a registered trademark of MG Restaurants, Inc. Unauthorized use of any trademark of Mixt may be a violation of trademark laws. Any third-party names or trademarks referenced in the Services do not constitute or imply affiliation, endorsement or recommendation by Mixt or of Mixt by the third parties.
5) Your Indemnity of Mixt
6) User Generated Content
Communications Services: The Services may contain galleries for blogs, chat areas, forums, comments, rankings, reviews, contests, communities, calendars, customer service, and/or other message or communication facilities designed to enable you and others to communicate with Mixt, through or with the Services, and with other users of the Services (collectively, “Communication Services”). Where any Service seeks your submissions, you acknowledge that your submissions may be or become available to others. You agree to use the Communication Services only for your personal use in connection with your personal information and enjoyment of the Services. You agree only to post or send messages and materials that are proper and related to the particular Communication Service and in which you hold all rights necessary to so post or send.
Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Mixt reserves the right to determine what types of conduct it considers to be inappropriate use of the Services. In the case of inappropriate use, Mixt may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via the Services, including the Communication Services (“Submission”). All Submissions are subject to these Terms. Mixt is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.
By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person’s or entity’s rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning Mixt’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must own all rights, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.
By making a Submission, you grant Mixt and its licensees, assignees and designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name or any part thereof and state of residency, in Mixt’s discretion, on the Services or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.
Links to Other Websites and Search Results: The Services may contain links to websites operated by other parties. Mixt provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Mixt and Mixt is not responsible for the content available on these third-party sites. Such links do not imply endorsement of information or material on any other site and Mixt disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that Mixt shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
Links to the Services: You may link another website to the Site or Services subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of Mixt, the Services, or the Site; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, affiliated with, or associated with Mixt, the Services, or the Site; (iii) when selected by a user, the link must display the Site or Services on full-screen and not within a “frame” on the linking website; and (iv) Mixt reserves the right to revoke its consent to the link at any time and in its sole discretion.
9) Online Orders
When placing an order with Mixt, whether through the App, the Services, or otherwise, you expressly warrant that all orders placed are for your own consumption or use and will not be resold. In the event that you resell items ordered from Mixt through the App, the Services, or otherwise, that user assumes all liability. You are forbidden from reselling or providing to a third party for resale any products ordered from Mixt through the App, the Services, or otherwise.
Orders may not be canceled, modified or refunded on the day of pick-up or delivery. Please contact us at firstname.lastname@example.org with any questions or concerns you have.
10) Gift Cards
In addition to the terms and conditions herein, purchase or use of a Mixt gift card is subject to the Gift Card Terms and Conditions which terms and conditions are incorporated herein by reference.
10) Modifications to Site
Mixt reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that Mixt shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
11) Account and Payment
In order to register, access, use, and / or become a member of some of the Services, you may be required to provide personal information. In such cases, you must use your valid email address and create a password to register your profile. Each time you use your password or identification, you will be deemed to be authorized to access and use the Services in a manner consistent with these Terms and Mixt has no obligation to investigate the authorization or source of any such access or use of the Services.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the security of the Services.
You agree to pay all fees or charges to the account you set up to access our Services (the “Account”) in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You acknowledge and agree that for each order you place through the Services, the full cost of products you order (for which prices are subject to change without notice) will be assessed against your credit card, charge card, restaurant-specific gift card, or restaurant-specific cash card. You acknowledge and agree that a SMS, button push, or web browser command originating from your Account constitutes an authorization for the Services to charge this amount and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your Account, regardless of whether you actually receive the products ordered. The Services will provide you with reasonable notice of any material modification in the fees charged for the Services, which notice may be provided by posting the new fee schedule.
12) Suspension and Termination Rights
Mixt reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Services for any reason, including without limitation any breach by you of these Terms. You agree that Mixt shall not be liable to you or any third party for any such suspension or termination.
THE SERVICES AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS OFFERED FOR SALE AND MATERIALS AND ACTIVITIES CONTAINED IN OR ADVERTISED ON THE SERVICES, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIXT AND ITS SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Without limiting the foregoing, you are responsible for taking all necessary precautions to ensure that any Content and / or the Services is free of viruses or other harmful code.
14) Limitation of Liability
Mixt does not guarantee that any menu item you order is completely free of allergens. Mixt’s operations involve shared cooking areas and the possibility exists for food items to come in contact with other food items.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
15) Governing Law and Disputes
Any unresolved controversy or claim arising out of or relating to these Terms, except as (i) otherwise provided in these Terms, or (ii) any such controversies or claims arising out of either your or Mixt’s intellectual property rights for which a provisional remedy or equitable relief is sought, shall be submitted to arbitration by one arbitrator mutually agreed upon by the parties, and if no agreement can be reached within 30 days after names of potential arbitrators have been proposed by the American Arbitration Association (the “AAA”), then by one arbitrator chosen by the AAA. The arbitration shall take place in San Francisco, California, in accordance with the AAA rules then in effect, and judgment upon any award rendered in such arbitration will be binding and may be entered in any court having jurisdiction thereof. You and Mixt each consent to personal jurisdiction for any equitable action sought in the federal or state courts located in San Francisco, California.
Any proceedings or arbitration to resolve any dispute in any forum will be conducted solely on an individual basis. Neither you nor Mixt will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. Any cause of action or claim you may have with respect to these Terms, Mixt, the Services or Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
The Services are controlled within the United States of America. Those who choose to access the Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Mixt does not represent that the Services or Content are appropriate outside the United States of America.
16) Force Majeure
Mixt shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.
17) NOTICE OF PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT.
If you believe that any content on any Service constitutes work that is owned by you or a third party, and is displayed on such site without proper authorization, please send the following information to the attention of the Copyright Agent noted below:
Mixt Copyright Agent:
Mixt, Attn: Copyright Agent, 99 Osgood Place, 3rd Floor, San Francisco, CA 94133
By email: email@example.com
These Terms set forth the entire understanding and agreement between you and Mixt with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Mixt’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Mixt, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms.