MixLife Terms of Service

Effective Date: July 1st, 2020

PLEASE REVIEW THESE TERMS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND CONTAIN A MANDATORY ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION REMEDIES. 

Welcome to MixLife!

These Terms of Use (these “Terms”) form a binding legal agreement between MixLife, Inc. (“we”, “us”, or “our”) and you regarding the use of this website and the MixLife platform and related offerings and services available on it (collectively, the “Platform”). 

Please review these Terms carefully. By registering an account through the Platform or otherwise accessing or using the Platform, you agree to be bound by these Terms. We may update these Terms from time to time at our discretion. We will always keep the current version of these Terms posted on this website. By using the Platform after a new version of these Terms have been posted, you agree to the terms and conditions of such version of these Terms. If you do not agree to these Terms, you must immediately cease your use of the Platform.

OVERVIEW

The Platform is intended to facilitate connections between Learners and Instructors, including by facilitating the organization, scheduling, and presentation of Activities. “Learners” are users who use the Platform to register for, attend, or participate in Activities. “Instructors” are users who use the Platform to offer, organize, teach, or host Activities. “Activities” are classes, events or other activities offered or organized through the Platform.

LEARNER AND INSTRUCTOR RESPONSIBILITIES

If you use the Platform as a Learner, you agree and acknowledge the following:

  • You are responsible for maintaining the security of your account and your login credentials, and you will be responsible for any actions taken using your account credentials.
  • You are responsible for ensuring you provide complete and accurate information and keep such information up to date, and you are responsible for any liability or damages arising from false, fraudulent, or incomplete information.
  • You are solely responsible for selecting the Instructors and Activities you are interested in – we simply provide a platform to facilitate such connections. We may from time to time spotlight certain Instructors or Activities, or suggest certain Activities based on your interests, but we do this for your convenience and do not endorse (and are not obligated to screen or otherwise vet) any particular Instructors or Activities.
  • Our wish is for the Platform to feature high-quality Activities, and we may make Learner reviews available for your evaluation of Activities. However, we are not responsible for the content and quality of any Activities or for your interactions with other Learners or Instructors, and you hereby release us from any claims related to the foregoing.
  • Certain Activities may involve inherent risks (e.g., physical activity, use of cooking appliances, etc.). You are solely responsible for ensuring you are capable of safely participating in the Activities you select, and hereby release us and the applicable Instructors from any claims related to any such inherent risks. Additionally, if you choose to participate in any in-person Activities, you are responsible for evaluating and ensuring the risks that may be inherent in traveling to or attending such Activities, and you hereby release us and the applicable Instructors from any claims related to any such risks. You agree that Instructors are third party beneficiaries of these Terms for purposes of such releases.
  • If you attend any in-person Activities, you are responsible for complying with all applicable laws and regulations. This includes, without limitation, any health and safety regulations or restrictions regarding public or private gatherings such as those imposed in response to pandemics or other public health emergencies. You hereby release us from any claims related to your attendance to any in-person Activities.

If you use the Platform as an Instructor, you agree and acknowledge the following:

  • You may be required to provide certain information (including personal information) to verify your eligibility to offer Activities on the Platform, and we may update the criteria for eligibility from time to time.
  • You must be honest and accurate in your description of any qualifications, certifications, experience, etc. in connection with the Activities you offer. You are solely responsible for the content and quality of your Classes, and will indemnify, defend, and hold us harmless from and against any claims made by Learners or other third parties arising from the content or quality of your Classes.
  • You are responsible for maintaining the security of your account and your login credentials, and you will be responsible for any actions taken using your account credentials.
  • You are responsible for ensuring you provide complete and accurate information and keep such information up to date, and you are responsible for any liability or damages arising from false, fraudulent, or incomplete information.
  • You are responsible for keeping records of any payments you receive through the Platform and for calculation and payment of any taxes that may be imposed on such payments – we will not be responsible for any loss of data in our possession or control.
  • If you offer in-person Activities, as between you and us, you are responsible for securing a safe and accessible space for such Activities and will indemnify, defend, and hold us harmless from and against any claims made by Learners or other third parties arising from the time, place, or setting of such Activities. You are also responsible for ensuring any in-person Activities you offer comply with all applicable laws and regulations. This includes, without limitation, any health and safety regulations or restrictions regarding public or private gatherings such as those imposed in response to pandemics or other public health emergencies. If you conduct in-person Activities on property you do not own, we recommend you reach out to the governmental agency (e.g., parks department, etc.) or private owner or operator who is responsible for such property to ensure you are permitted to use the property accordingly and whether any additional restrictions or terms apply.

CONTENT; OWNERSHIP AND LICENSE

Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material or content that are displayed, used, or otherwise incorporated into the Platform.

All Content other than Your Content (as defined below) is owned by us or our third party licensors and is protected by applicable copyright, trademark, and/or other intellectual property laws. Nothing contained on the Platform should be construed as granting any license or right to use any of the Content without our written permission. Subject to your continued compliance with these Terms, we hereby grant you a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Platform and Content for your personal use. Any use of the Content (including our names, logos, and trademarks) will insure to our benefit.

If you believe that any Content infringes your copyrights or that your intellectual property rights have been otherwise harmed, immediately notify our designated copyright agent by emailing [email protected].  Your notice must comply with the requirements of the DMCA by including the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you repeatedly infringe third party copyrights (e.g., by submitting Content without permission), whether proven or alleged, it is our policy to terminate your account on the Platform.

YOUR CONTENT; FEEDBACK

Your Content” means any Content submitted to the Platform by you, including without limitation Activity materials, presentations, artwork or assignments, etc. We have the right, but no obligation, to monitor or screen Your Content and remove any of Your Content that we deem objectionable in any way. You own your Content. By submitting any of Your Content, you: (i) represent and warrant that you have all right, title, and interest to do so; (ii) acknowledge that Your Content will not be treated as confidential, and may be publicly visible via the Platform; (iii) grant us and our affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, and fully transferable and sublicensable license to use, reproduce, display, perform, modify, transmit, distribute and create derivative works of Your Content in any media and for any purpose whatsoever (including to operate, maintain, improve, and promote the Platform) without attribution or compensation; and (iv) irrevocably waive any claims of moral rights, privacy, publicity, or similar rights in any of Your Content. If you provide feedback, suggestions, improvements, or requests for additional functionality (collectively, “Feedback”), you grant us an unrestricted, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, display, perform, modify, transmit, distribute and create derivative works of such Feedback in any way we deem reasonable, without any attribution or accounting to you. This paragraph will survive any termination or expiration of these Terms or of your account on the Platform. Our collection, use, and sharing of any personal information you provide us is governed by our Privacy Policy.

COMMUNITY STANDARDS; RESTRICTIONS

You represent, warrant, and agree that you will not: (i) remove any trademark or copyright notices contained in the Platform or Content; (ii) reproduce, modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way commercially exploit the Platform or Content; (iii) use manual or automated means to trawl, mine, scrape, frame, or mirror the Platform or Content; (iv) disassemble, decompile or reverse engineer the Platform or Content; (v) attempt to hack, defeat, or overcome any encryption technology or security measures regarding the Platform or our other systems or those of any third party, or gain any unauthorized access to any systems or accounts; (vi) interfere with or disrupt the operation of the Platform or any other systems or otherwise interrupt or interfere with any other user’s use or enjoyment of the Platform; (vii) violate any applicable local, state, national or international law; (viii) post or transmit any Content that is unlawful, defamatory, abusive, harassing, threatening, obscene, fraudulent or otherwise inappropriate or infringes any intellectual property or privacy rights of any person; (ix) send unsolicited advertisements through the Platform; (x) use the Platform in a way that will adversely affect us or reflect negatively on us, any of our goodwill, name or reputation; (xi) provide any false or misleading information or any information that you do not have the right to provide; or (xii) otherwise violate any of our published rules, policies, or guidelines. 

PAYMENT

When a user makes a payment through the Platform, we retain a certain portion as a fee for our services which allows us to operate and improve the Platform. By providing us a payment card or other payment method information, you authorize us to charge you for the designated amounts. You acknowledge and agree that we may use one or more third-party payment processors to facilitate payments made through the Platform, and that such payment processors will receive sufficient information regarding you and your payment method as needed to process such payments. We may impose a reasonable hold period on payments, for funding confirmation and anti-fraud purposes. All payments are non-refundable unless otherwise expressly stated.

THIRD PARTIES

The Platform may contain links to websites owned or operated by third parties. We do not control or endorse such websites and we are not responsible for their content, nor are we responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. We have the right, but not the obligation, to review any Content provided by third parties (including other users of the Platform). We do not endorse such third party Content, and any views expressed therein are the views of the applicable author and do not necessarily align with our views. We are not responsible for the accuracy or reliability of any Content provided by third parties and will not be liable for any causes of action (including slander, libel, or invasion of privacy) relating to such third-party Content. We have no control over, and are not responsible for, your interactions (online or in person) with any third parties, including other Learners, Instructors, or users of the Platform even if introduced via the Platform. You are solely responsible for your interactions with any third parties. If you have any disputes with other users of the Platform (whether Learners or Instructors), we may (at our discretion) attempt to facilitate a resolution, but are under no obligation to do so. Our Platform may enable the use of certain integrated third-party features, such as video conferencing for Activities. Any such use of third-party features or components will be subject to any applicable terms and conditions published by the applicable third party, and we are not responsible for the functionality of such third-party features or components.

DISCLAIMERS

THE PLATFORM IS PROVIDED TO FACILITATE CONNECTIONS BETWEEN THIRD-PARTY LEARNERS AND INSTRUCTORS. WHILE IT IS OUR GOAL FOR THE PLATFORM TO IMPROVE OUR USERS’ WELLNESS AND WELL-BEING, WE CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORM OR CONTENT. NEITHER THE PLATFORM NOR ANY CLASSES OFFERED BY INSTRUCTORS THEREIN CONSTITUTE MEDICAL ADVICE, AND SHOULD NOT BE USED AS A REPLACEMENT FOR ANY MEDICAL TREATMENT OR COUNSELING.

YOUR USE OF THE PLATFORM AND CONTENT IS AT YOUR SOLE RISK AND THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE PLATFORM AND CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THE CONTENT WILL BE COMPLETE OR ACCURATE. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY ELECTRONIC NETWORK OR LINES, SERVERS, SOFTWARE, OR FAILURE OF TRANSMISSION AS A RESULT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE PLATFORM, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON'S COMPUTER RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE PLATFORM.

UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE PLATFORM, CONTENT, OR FROM THE CONDUCT OF ANY USERS OF THE PLATFORM OR OTHER THIRD PARTIES. WE DO NOT ENDORSE ANY USERS, LEARNERS, INSTRUCTORS (EVEN THOSE WE MAY FEATURE OR SPOTLIGHT FROM TIME TO TIME), OR OTHER THIRD-PARTIES LISTED, REFERENCED, OR REGISTERED USING THE PLATFORM.

WE MAY PLACE A SUSPENSION, HOLD, OR FREEZE ON USER ACCOUNTS OR PAYMENTS IF WE BELIEVE IT IS REASONABLY NECESSARY IN ORDER TO COMPLY WITH THE LAW OR TO PROTECT OUR SYSTEMS OR INTERESTS OR THOSE OF OUR USERS OR THIRD PARTIES, INCLUDING IN CASES OF SUSPECTED FRAUD OR ILLEGAL ACTIVITY. WE WILL HAVE NO LIABILITY FOR ANY SUCH ACTIONS.

SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE PLATFORM, UNDER ANY LEGAL THEORY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE). TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE TO YOU FOR AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF $100 USD OR THE AMOUNTS PAID BY YOU TO US IN THE PAST THREE MONTHS. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE PLATFORM IS TO DISCONTINUE YOUR USE THEREOF.

RELEASE AND INDEMNITY

You will release, defend, indemnify, and hold us, our past, present, and future affiliates, licensors, licensees, marketing partners, and suppliers, together with their respective officers, directors, employees, and agents, harmless from and against any damages, losses, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from your use of the Platform, Your Content, or your violation of these Terms, including any claims arising from Instructors or Learners in connection with Activities you participate in or offer, respectively. We may opt to defend such claims at our sole discretion, in which case you will indemnify us for the costs of such defense. California residents hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.”

TERMINATION

We reserve the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) without notice. We may terminate or suspend your account at any time, for any reason, without liability to you. Your right to use the Platform will automatically terminate if you breach these Terms. You may stop using the Platform at any time; to delete your account please contact us as set forth at the end of these Terms. Termination will not relieve either party from any obligations incurred or arising prior to such termination, and those sections of these Terms which are by their nature intended to survive termination (including, without limitation, the disclaimers, limitation of liability, indemnity, and general clauses) shall so survive. 

DISPUTE RESOLUTION; MANDATORY ARBITRATION; WAIVER OF JURY TRIAL AND CLASS ACTION

THESE TERMS ARE GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO THE CONFLICTS OF LAWS PROVISIONS THEREOF. THE PARTIES AGREE THAT ANY DISPUTES ARISING IN CONNECTION WITH THE PLATFORM OR THESE TERMS WILL BE EXCLUSIVELY RESOLVED IN BINDING ARBITRATION USING THE DISPUTE RESOLUTION PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION LOCATED IN SAN FRANCISCO, CALIFORNIA. NOTWITHSTANDING THE FOREGOING OBLIGATION TO ARBITRATE DISPUTES, EACH PARTY SHALL HAVE THE RIGHT TO PURSUE INJUNCTIVE OR OTHER EQUITABLE RELIEF AT ANY TIME, FROM ANY COURT OF COMPETENT JURISDICTION.

THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN CLASS-ACTION PROCEEDINGS.

FORCE MAJEURE

We will not be responsible or liable for any delays or failures to perform due to causes beyond our reasonable control, which may include natural disasters, terrorist attacks, criminal activity, failure of internet or communications networks, health emergencies including pandemics or similar serious outbreaks of disease, or other force majeure events.

GENERAL

We may from time to time offer you the chance to try certain “beta” or “evaluation” products, services, features, or functionality (“Beta Offerings”). NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALL BETA OFFERINGS ARE PROVIDED ON A COMPLETE “AS-IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, AND WE WILL HAVE NO LIABILITY IN CONNECTION WITH THE BETA OFFERINGS.

You may not assign these Terms or these rights and obligations without our prior written consent; any purported assignment in violation of these Terms will be null and void. If any provision of these Terms is determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms shall not be affected thereby and shall remain in force and effect.

These Terms and any policies referenced herein constitute the entire agreement between the parties regarding the subject matter thereof and supersede any prior or contemporaneous agreements with regards to such subject matter. A party's failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

We may provide any notices hereunder to you by email or regular mail at the address listed in your account profile, or through messages displayed or sent via this website or the Platform.

CONTACT

For more information or for help in answering any questions, please contact us at [email protected].