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Terms of Use
Welcome to missionproducts.com. Mission Product Holdings, Inc. and our affiliates (collectively, "Mission") provide products and services to you subject to the following terms and conditions, which are also known as our terms of use ("Terms of Use"). By accessing and browsing this web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access this web site.

Product descriptions
Mission and its affiliates attempt to be as accurate as possible. However, Mission does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

Privacy
Please review our Privacy Policy, which also governs your visit to missionproducts.com, to understand our practices.

Your account
If you use this web site, 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. Mission does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use this web site only with involvement of a parent or guardian. Mission and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Placing Your Order
When you order something from this web site you agree to comply with our shopping process. By placing an order with us you warrant to us that you are resident in the U.S. that you are accessing this web site from the U.S. and that you are at least 18 years old and legally capable of entering into binding contracts.

All orders placed by you are subject to acceptance by Mission and all items are subject to availability.

Prices and Payment
The prices for any goods will be as quoted on our web site. Prices and availability information are subject to change. Prices do not include sales tax, where applicable. Delivery costs are not included.

Risk of Loss
All purchases from this web site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We may also require additional verifications or information before accepting any order.

Usage Restrictions and Copyright
All web site design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all software is Copyright (c) 2008 Mission Product Holdings, Inc., and/or its licensors, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on this web site is the exclusive property of Mission and protected by U.S. and international copyright laws. All software used on this site is the property of Mission or its software licensors and is protected by U.S. and international copyright laws.

Permission is granted to electronically copy and to print in hard copy portions of this web site for the sole purpose of placing an order with Mission or using this web site as a shopping resource. Any other use of materials on this web site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - is strictly prohibited without the prior written permission of Mission. The permission granted above does not include any resale or commercial use of this web site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You are further prohibited from violating or attempting to violate the security of this web site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this web site, overloading, "flooding," "spamming," "mailbombing" or "crashing." You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this web site or any activity being conducted hereon.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other intellectual property or proprietary information (including images, text, page layout, or form) of Mission without Mission's express written consent. You may not use any metatags or any other "hidden text" utilizing Mission's name or trademarks without the express written consent of Mission.

Without limiting any other rights or remedies of Mission, any unauthorized use terminates any permission or license granted by Mission.

Third Party Content
Mission may provide content of third parties ("Third Party Content") as a service to those interested in this information. Mission does not monitor, approve or have any control over any Third Party Content. Mission does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content. Mission is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk.

Trademarks
MISSION PRODUCT, GET YOUR MISSION ON, ATHLETE ENGINEERED SKINCARE and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Mission and may not be used in connection with any product or service that is not offered by Mission in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mission. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Indemnity
You agree to indemnify and hold Mission harmless from any claim, demand or expense, including reasonable attorneys' fees, due to or arising out of your breach of these Terms of Use or your violation of any law or the rights of a third party.

Site Policies, Modification, and Severability
These Terms of Use, along with our Privacy Policy and any other posted policies also govern your visit to this web site. We reserve the right to make changes to our web site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Disclaimers
THIS WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF THE MISSION PARTIES (AS DEFINED BELOW) DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NO MISSION PARTY MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THIS WEB SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEB SITE; OR (IV) THAT THIS WEB SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF MISSION ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.

THE MISSION PARTIES DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS WEB SITE OR ANY RELATED SERVICES.

MISSION AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS (COLLECTIVELY, THE "MISSION PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, COSTS OF COVER, LOST SAVINGS, LOST INCOME OR PROFIT, LOSS OF USE, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES. IN NO EVENT WILL THE MISSION PARTIES' TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER, EXCEED THE TOTAL VALUE OF ANY REFUND (IF ANY) TO WHICH YOU MAY BE ARE ENTITLED TO UNDER MISSION'S RETURN POLICY.

ALL MATERIAL AND INFORMATION PRESENTED BY MISSION IS INTENDED TO BE USED FOR EDUCATIONAL OR INFORMATIONAL PURPOSES ONLY. THE STATEMENTS MADE HEREIN ABOUT PRODUCTS HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION AND THE RESULTS REPORTED, IF ANY, MAY NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. THE STATEMENTS AND PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY CONDITION OR DISEASE. MISSION DOES NOT GIVE OR INTEND TO GIVE ANY ANSWERS TO MEDICAL RELATED QUESTIONS AND THIS WEB SITE DOES NOT REPLACE ANY MEDICAL PROFESSIONAL OR MEDICAL RESOURCE. MISSION DOES NOT REPRESENT ITSELF AS A PHYSICIAN NOR IS THIS IMPLIED. NO PRESCRIPTION MEDICATIONS OR MEDICAL TREATMENTS ARE INTENTIONALLY PROVIDED ON THIS WEB SITE. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law
This web site is created and controlled by Mission in the State of New York, U.S.A. As such, the laws of the State of New York will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

Disputes
Any dispute relating in any way to your visit to this web site or to products you purchase through Mission shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate Mission's intellectual property rights or other proprietary rights or have taken any action that has or may violate the security or proper functioning of this web site, Mission may seek injunctive, monetary or other appropriate relief in any state or federal court in the state of New York (and Mission may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The arbitrator is authorized to grant Mission its reasonable fees and costs (including reasonable attorney's fees) incurred by Mission in any action to enforce these Terms of Use.

Our Address
Mission Product Holdings, Inc.
185 Madison Avenue
12th Floor
New York, NY 10128
212-448-1300

Product Information
Unless otherwise specified by Mission, the products displayed on this web site can be ordered and delivered only within the U.S. Products displayed on this web site may be available in select retail stores in the U.S. and certain foreign markets. All prices displayed on this web site are quoted in U.S. Dollars and are valid and effective only in the U.S. All of the products purchased from this web site should be used in accordance with the manufacturer's instructions, precautions and guidelines. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Mission.

Comments, Feedback and Other Submissions
Mission welcomes your comments and feedback regarding this web site, and Mission's products and services. Any information, materials, suggestions, ideas or comments sent to Mission will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Mission an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever.
 

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