Terms Of Service

Terms of service

 

The following terms and conditions (“Terms of Service” or “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Moonwalk Elixirs and its respective subsidiaries, parents and affiliates (collectively, “Moonwalk” or "Moonwalk Elixirs" or “Spirited Brands” or  “Company” or “we” or “us” or “our”), governing your access to and use of the www.drinkmoonalk.com website, as well as any other media form, media channel, or any of our past, present or future websites related or connected thereto (collectively, the “Site”), and any products (“Products”) or services supplied by or on behalf of us through the Site (collectively, “Services”).  Supplemental terms and conditions or documents that may be posted on the Site from time to time, and any new features or tools that are added to the Site shall also be subject to and are hereby expressly incorporated into these Terms of Service by reference. 

Please note: These Terms of Service between us contains an arbitration clause and class action waiver that requires you and Moonwalk to resolve all disputes with each other on an individual basis through final and binding arbitration. Please read these terms carefully.

By accessing, browsing, or otherwise using the Site, you agree to be bound by and abide by the Terms of Service, including those additional terms and conditions and policies referenced or linked herein (including the Privacy Policy).  These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.  If you do not agree to all the terms and conditions contained herein, then you may not access the Site or use any Services.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service.  You can review the most current version of the Terms of Service at any time on this page.  We reserve the right to update, change or replace any part of these Terms of Service in our sole discretion by posting updates and/or changes to our Site.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY CONTINUING TO USE THE SITE.  IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT MOONWALK ELIXIRS MAY MAKE TO THESE TERMS IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE SERVICES OR THE SITE.

Age Requirements

In order to access the site and use the Service, you must be at least twenty-one (21) years of age and fully able and competent to enter into and abide by these Terms. Individuals under the age of twenty-one (21) are not permitted to use the site or the Service. By accessing the site or using the Service, or by clicking to accept the Terms when this option is made available to you, you represent and warrant that you are at least twenty-one (21) years of age and are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents, and service providers.

Information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.  Persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Our Products are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or illness.  Our Products and any statements made regarding Our Products have not been evaluated or approved by the U.S. Food and Drug Administration for any indication, including safety and efficacy.  By accessing this Site, you acknowledge the information provided on this Site, within any of Moonwalk's social media pages or channels, and all of the documentation and literature included with any Product identified on the Site, is provided for informational and educational purposes only.  In no way is any of the information contained in these Terms of Service or elsewhere on the Site intended to be a medical or prescriptive guide or a substitute for informed medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects.  You should never delay seeking or disregard advice from a medical professional based on something you have read on the Site. 

Moonwalk Elxirs makes no representations that the Products or Services made available through this Site will be available or appropriate in every jurisdiction in which this Site may be accessed or Services utilized.  To the best of Moonwalk Elixirs’s knowledge, it operates legally under both state and federal law in the United States; however, it is up to you to determine whether accessing this Site and purchasing our Products are legal where you are.  You expressly acknowledge that you are familiar and assume full responsibility for cooperating and complying with all laws regarding the use, possession and consumption of the products on the Site in your state and local municipality.

You access this Site and purchase our Products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties. You may only place an order to purchase Moonwalk Elixir’s Products or use our Services in accordance with the laws of the United States and any applicable international jurisdiction in which you will possess, use, or ship any Products.

Safety Acknowledgment

Please consult your healthcare professional about potential interactions or other possible complications before using any product.  If you are pregnant, nursing, or diagnosed with a heart condition, allergies, or other medical conditions, seek the advice and assistance of a physician or trained health professional before purchasing our Products.  If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider. Moonwalk Elixirs shall not be held liable for medical or other claims made by third parties or customer testimonials relating to the safety, use, or efficacy of our Products. Keep Products out of reach of children and animals.

Consumption of Hemp-Derived Cannabinoids and Drug Testing

The consumption of certain hemp products may lead to a positive drug test for tetrahydrocannabinol (“THC”) or certain cannabinoid metabolites.  Moonwalk Elxir cannot guarantee that Products available for sale on this Site do not contain traceable amounts of THC nor can Moonwalk Elixir guarantee that use of Moonwalk Elixir’s Products will not result in failed drug screening for THC, other cannabinoids, or their metabolites.  Your use of Moonwalk Elixirs’s Products is at your own risk. Moonwalk Elixir is not responsible for any personal adverse employment or professional action related to your use of the Products.

Registration and User Information

To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this Site or Services, and to terminate or suspend your access at any time without notice.

In order to purchase Products from the Site you must complete the checkout process to obtain become a customer.  You will be required to provide your name, address, email address, phone number (“User Information”).  You must provide complete and accurate information during the registration process.  You have an ongoing obligation to update your User Information if and when it changes.  Our information collection and use policies with respect to your User Information are provided in our Privacy Policy, which is incorporated into these Terms of Service by reference.  An age verification confirmation will occur during the checkout process in order to confirm that you are of legal purchasing age.  Only persons of legal purchasing age and that have confirmed their age can purchase Products, use our Services, and participate in any promotions or offers.

You may also be asked to provide a username and password. You are solely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time.  You are also solely responsible for any and all activities that occur under your registration or your User Information.  You agree to notify us immediately of any unauthorized use of your account, username, or password. If you use a password that we consider insecure, we will be entitled to require the password to be changed and/or terminate your account.

You agree that you will not create more than one account.  By registering and obtaining an account you affirm you will follow the Terms of Service.  Your registration constitutes your consent to enter into agreements with us electronically.

We shall not be liable for any loss that you incur as a result of someone else using your account, username, or password, either with or without your knowledge.  You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account, username, or password.

We reserve the right to terminate your registration or to refuse Services to you, without prior notice to you, at any time and for any or no reason.

Restrictions On Use

You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) hyperlink to this Site, without the express prior written permission of an authorized representative of Moonwalk Elixir. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Moonwalk Elixir in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

In addition, you are prohibited from using the Site or its Content (as defined herein): (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, including violating anyone’s copyrights or trademarks or their rights of publicity; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, Services, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to solicit funds, advertisers, or sponsors; or (l) to interfere with or circumvent the security features of the Site, Services or any related website, other websites, or the Internet.  We reserve the right to terminate your use of our Site, Services, or any related website for engaging in any of the prohibited uses.

Although under no obligation to do so, Moonwalk Elixir reserves the right to monitor use of this Site to determine compliance with these Terms of Service, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Moonwalk Elixir nor any third party that provides Content to Moonwalk Elixir will assume or have any liability for any action or inaction by Moonwalk Elixir or such third party with respect to any submission.

Copyrights and Copyright Agent.

Moonwalk Elixir respects the intellectual property of others and in this regard, it is Moonwalk Elixir’s policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law. Responses may include removing or disabling access to content claimed to be the subject of infringing activity and/or terminating a user’s access to the Site. If you believe that one or more of your works have been copied in a way that constitutes copyright infringement, please provide Moonwalk Elixir’s Copyright Agent the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512):

  • A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
  • A description, in reasonable detail (including any applicable URL address), of the copyrighted work that you claim has been infringed;
  • A description, in reasonable detail, of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • 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
  • A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent: Please send the written communication to our copyright agent by e-mail and by U.S. Mail to:  Copyright Agent, c/o Moonwalk Elixir, 14155 US 290W STE: 200, Austin,  TX 78737, (512) 736-3126, brandon@spiritedbrands.com

 

Security

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). Moonwalk Elixir will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Moonwalk Elixir considers insecure, Moonwalk Elixir will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security Moonwalk Elixir reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents Moonwalk Elixir reserves the right to investigate suspected violations of these Terms of Service.

Moonwalk Elixir reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Moonwalk Elixir Y to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS DRINKBRĒZ FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DRINKBRĒZ DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MOONWALK ELIXIRS OR LAW ENFORCEMENT AUTHORITIES.

Proprietary Information

The material and content accessible from this Site, as well as any other media form, media channel, mobile application or mobile website related or connected thereto that is owned, operated, licensed, or controlled by Moonwalk Elixir, including without limitation, text, images, photographs, graphics, logos, button icons, trademarks, software, source code, databases, functionality, mobile applications, website designs, audio, and video (“Content”), and is the proprietary information of Moonwalk Elixir or the party that provided the Content to Moonwalk Elixir or the party that provided the Content to Moonwalk Elixir retains all right, title, and interest in the Content. Accordingly, the Content may not be used, copied, distributed, sold, resold, republished, licensed, uploaded, posted, or transmitted in any way without the prior written consent of Moonwalk Elixir, or unless authorized in writing elsewhere on our Site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates Moonwalk Elixir’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site or Services.

Trademarks

Trademarks, service marks, and logos appearing in this Site are the property of Moonwalk Elixir or the party that provided the trademarks, service marks, and logos to Moonwalk Elixir. Moonwalk Elixir and any party that provided trademarks, service marks, and logos to Moonwalk Elixir retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.

Third-Party Links

Certain Content and Services available via our Site may include materials from third parties.  Third-party links on this site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction.   Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.  You are responsible for taking reasonable precautions in all actions and interactions with third parties you interact with through the Site.

User Content, Comments and Feedback

You grant us a license to use the materials you post to the Site and/or in connection with the Services.  By reviewing, posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”), to the Site or in connection with the Services, you are granting us, our affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Site, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content; and you agree that we may publish or otherwise disclose your User Content in our sole and absolute discretion.  However, all actions taken in connection with your User Content will be subject to the limitations set forth in our Privacy Policy which is expressly incorporated into these Terms of Service by this reference. 

You will not be compensated for any User Content.  By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

You agree that your User Content will not contain libelous or otherwise unlawful, abusive, obscene, deceptive, or otherwise objectionable material or involve any commercial activity or promotion.  Moreover, your User Content may not contain any computer virus or other malware that could in any way affect the operation of the Site.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content.  You are solely responsible for any User Content you provide and its accuracy.  We take no responsibility and assume no liability for any User Content posted by you or any third party.

We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of applicable law, any party’s intellectual property rights or these Terms of Service.

Push Notifications, Text Messages, and Emails

If you provide us with your cell phone number, you agree and consent to receive certain text messages from us regarding the Site, Products and Services.  These text messages may relate to the Site’s operations or include promotional messages.  Standard text messaging rates will be applied by your mobile device carrier to any text messages sent by us.  You will have the option to opt out of receiving text messages by replying “STOP” to any text message sent by us.  After requesting to opt out, you may receive text messages from us for just a brief time while your request is processed.

Moonwalk Elixir text messages may be generated by automatic telephone dialing systems and you hereby waive your right to pursue any claims (including any claim that arises while your request to opt out is pending) under the Telephone Consumer Protection Act (“TCPA”).  To the extent any claim under the TCPA cannot be waived, by using the Site or Services, you are agreeing that any claim against Moonwalk Elixir that cannot be waived, but which arises under the TCPA (including any claim that arises while your request to opt out is pending), will be arbitrated on an individual, and not on a class or representative, basis, in accordance with the Governing Law and Arbitration provisions of these Terms of Service.

By providing us with your email address, you agree that we may send you emails concerning our Site and Services, as well information related to third parties.  You will have the option to opt out of such emails by following instructions to unsubscribe, which will be included in each email.

Orders and Payment

You agree that any order you place through the Site (each, an “Order”) is an offer to buy, under these Terms of Service, all Products listed in your Order.  We must accept all Orders before we are obligated to sell the Products to you.  Acceptance of your Order and the formation of the contract of sale between us and you will not take place unless and until you have received your Order confirmation email.  We may choose not to accept any Order, or cancel any Order, in our sole discretion.  If we make a change to or cancel an Order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the Order was made.  You agree to pay for all Orders you place through the Site.  By purchasing a Product using the Site, you agree to be bound by these Terms, Shipping Policy, and our Refund Policy.

All prices posted on this Site are subject to change without notice.  The price charged for a Product will be the price in effect at the time the Order is placed and will be sent out in your Order confirmation email.  Price increases will only apply to Orders placed after such changes.  Posted prices prior to checkout do not include taxes or charges for shipping and handling.  All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your Order confirmation email.  We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors.

We will arrange for shipment of the Products to you.  You will pay all shipping and handling charges specified during the ordering process.  Title and risk of loss pass to you upon our transfer of the Products to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.

We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region, or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any Products that we offer.  All descriptions of Products or Product pricing are subject to change at any time without notice, and in our sole discretion.  We reserve the right to discontinue any Product at any time.  Any offer for any Product made on this Site is void where prohibited.  We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Site or Services or on any related website is inaccurate at any time without prior notice (including after you have submitted an Order).

We undertake no obligation to update, amend or clarify information on the Site or related to the provision of any Products, Services or on any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Site or Services or on any related website, should be taken to indicate that all information in the Site or Services or on any related website has been modified or updated. We are not responsible if Content is not accurate, complete, or current.  All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Moonwalk Elixir does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete. Any reliance on Content is at your own risk.  We shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Site, Services or Products.

Disclaimers and Limitations of Liability

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Moonwalk Elixir does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Moonwalk Elixir. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. The Content is provided “as is” and without warranties of any kind, either expressed or implied.

YOU AGREE THAT YOUR USE OF THE SITE, SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW. MOONWALK ELIXIR, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, SERVICES, PRODUCTS, AND YOUR USE THEREOF, including without limitation, warranties of title, salability, or any implied warranties of merchantability, fitness for a particular purpose, OR NON-INFRINGEMENT. Moonwalk Elixir does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or featured in any banner or other advertising, and Moonwalk Elixir will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

You, and not Moonwalk Elixir, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE or the services. MOONWALK ELIXIR MAKES NO WARRANTIES THAT YOUR USE OF THE SITE or the services WILL NOT INFRINGE THE RIGHTS OF OTHERS. MOONWALK ELIXIR  SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, ANY ORDER OR THE FULFILLMENT OR NON-FULFILLMENT THEREOF, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE.  MOONWALK ELIXIR  IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER.  IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE OR THE SERVICES, OR WITH ANY OF THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

MOONWALK ELIXIR , ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MOONWALK ELIXIR  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MOONWALK ELIXIR  OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $500 OR THE AMOUNT YOU HAVE PAID TO MOONWALK ELIXIR  FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnification

You agree to indemnify, defend, and hold harmless us, our PARENT, affiliates, subsidiaries, and each of our and their respective shareholders, members, managers, directors, officers, employees, personnel, agents, successors and assigns from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings including, without limitation, any and all liability, damages, costs, expenses (including, reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever, arising out of or in connection with: (i) your violation or breach of the Terms; (ii) your use of the SITE OR Services; (iii) your dispute with another user; (iv) your violation of any rights of any third party; or (v) your violation of applicable law.  This indemnification obligation will continue after you stop using the SITE OR Services. We reserve the right to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

 

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached the Terms, for any failure or delay in our performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.

Governing Law; Jurisdiction

The Site is created and controlled by MOONWALK ELIXIR  in the state of Florida.  All matters arising out of or relating to these Terms of Service are governed by, and will be construed in accordance with, the laws of the United States and by the laws of the state of Florida without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the state of Texas. Nothing in these Terms of Service will prevent MOONWALK ELIXIR  from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.

Each of MOONWALK ELIXIR  and you agree to submit to the nonexclusive personal jurisdiction of the courts located within Austin, Texas, and waives any objection to the laying of venue of any litigation in said courts.

Arbitration

In the event of any dispute with Moonwalk Elixir, you agree to first contact us to attempt in good faith to resolve the dispute.  Either party may commence this negotiation by delivering written notice to the other party.  All offers, promises, conduct and statements, whether oral or written, made in the course of negotiation to resolve the dispute by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

If the dispute cannot be settled amicably within thirty (30) days of delivery of written notice or the in-person meeting of authorized representatives, whichever comes later, then the dispute shall be resolved by binding arbitration, rather than in court. We each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or in any way relating to these Terms of Service, the Site, Services or Products, including any determination of the scope or applicability of this Section, shall be finally settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof.  The Parties shall share the costs of the arbitration equally; however, each Party shall be responsible for its own attorneys’ fees and other costs and expenses.  The arbitration will be conducted in the English language, in the city of Austin, state of Texas, by a single arbitrator jointly selected by the parties in accordance with the AAA Rules.  The arbitrator shall have the power to grant legal and equitable remedies, including awarding the prevailing party its attorneys’ fees and other costs of the arbitration, but they shall not grant punitive damages.  Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.  The award shall be final and binding upon all parties as from the date rendered and shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues, or accounting presented to the arbitral tribunal.  The Parties acknowledge that they are irrevocably waiving the right to a trial in court, including a trial by jury and that all rights and remedies will be determined by an arbitrator and not by a judge or jury. This section will not preclude the parties hereto from seeking injunctive relief and/or provisional remedies in aid of arbitration from a state court of appropriate jurisdiction.

Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.   Your access and continued use of the Site, Products or Services signifies your explicit consent to this waiver. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE SITE, OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Accessibility

We are committed to making our Site accessible and usable by all people, including those with disabilities and special needs.  We provide technical and customer support to accommodate the needs of users with disabilities and address issues related to the accessibility of our Site and Services. If you have difficulty using or accessing any element of the Site or the Services or if you have any feedback regarding accessibility of the Site or the other Services, please feel free to contact us at missioncontrol@drinkmoonwalk.com. Users may download free documentation, reference materials, and user guides at “Learn”.  In addition, users may request product documentation and reference materials in alternate formats.

Severability

In the event that any provision or part of a provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

Acknowledgment; Other Terms

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Site and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Electronic Communications, Transactions, and Signatures

Visiting the Site, using the Services, sending us emails, and completing online forms constitute electronic communications.  You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Miscellaneous

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service operate to the fullest extent permissible by law. These Terms of Service may not be assigned by you without our express written consent.  Moonwalk Elixir may assign any or all of its rights and obligations to others at any time.  Moonwalk Elixir shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Moonwalk Elixir’s reasonable control.  There is no joint venture, partnership, employment or agency relationship created between you and Moonwalk Elixir as a result of these Terms of Service or use of the Site and Services.  Upon Moonwalk Elixir s request, you will furnish D Moonwalk Elixir any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Contact Information

If you have any questions regarding these Terms of Service or the Privacy Policy, please contact: 

Moonwalk Elixir

14155 US 290W, Suite 200

Austin, TX 78737

Email: missioncontrol@drinkmoonwalk.com

512-736-3126