I. PLEASE READ THESE TERMS BEFORE USING SITE
These terms and conditions ("Terms & Conditions") are entered into between you and Misty U.S.A. Co. Inc ("Misty U.S.A. Co. Inc", "we", or "us"). The following terms and conditions, together with any documents expressly incorporated, including our Privacy, Shipping Information, and Returns & Exchanges policies, govern your access to and use of the website www.mybrangio.com (the "Website"), including any content, functionality, and service offered in or through the Website, whether as a site visitor, customer, or registered user.
This Website is offered to and available to users who are 18 years of age or older and reside in the United States. By using the Website, you represent and warrant that you are 18 years of age or older; if you are not, you may not use the Website.
II. PRODUCT ORDERS
All orders placed through the Website are subject to Misty U.S.A. Co. Inc's acceptance. This means that Misty U.S.A. may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Misty U.S.A. will issue you a refund.
III. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE
IV. USE OF MATERIALS; RESTRICTIONS
The Website and its content, including images, illustrations, articles, and postings, are the property of Misty U.S.A.. The Website and content are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Misty U.S.A. and by copyright, trademark, and other intellectual property laws. You may not reproduce, republish, upload, post, or distribute in any way any content from the Website or any other site owned and operated by Misty U.S.A. without the prior written approval of Misty U.S.A. You may not use any data mining, robots, or other data gathering methods. Nothing in these Terms & Conditions shall be interpreted as granting a license of intellectual property rights to you, the user.
Any use of the materials on the Website in a manner contrary to the above stated manner constitutes a breach of these Terms & Conditions and may subject you to claims for, among other things, intellectual property infringement. Misty USA may take necessary legal action to enforce its intellectual property rights.
Misty U.S.A. and its related names and logos are trademarks owned or licensed by Misty U.S.A. Other trademarks not specifically listed here, but which are associated with Misty U.S.A., may also be protected by law. Unauthorized use of these trademarks is strictly prohibited.
VI. RELIANCE ON INFORMATION POSTED
The Website may include content provided by third parties, including information provided by other users. Statements and opinions expressed in such content, and all responses to questions and other content, other than content provided by Misty U.S.A., are solely the opinions and responsibility of the person providing them. Such content does not necessarily reflect the opinion of Misty U.S.A..
VII. THIRD PARTY PRODUCTS AND SERVICES
The Website may at times be linked to other sites. Misty U.S.A. is not responsible for the content of any site that may be linked to the Website, nor do we make any representations or warranties of any kind regarding any products or services offered by any third parties whose icons, products, services, or hyperlinks appear on the Website. Any other site accessed from the Website is wholly independent from Misty U.S.A. Further, linking to another site is not meant to signify endorsement or approval by Misty U.S.A. of the third party site and its content. Such third party links are provided for the convenience of the user. You, the user, access third party sites and content at your own risk. Your correspondence or business dealings with third parties found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.
VIII. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, MISTY USA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IF YOU, THE USER, RELY ON THE WEBSITE OR ANY OF ITS CONTENT, PRODUCTS, OR SERVICES, YOU DO SO AT YOUR OWN RISK. MISTY USA DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, OR THAT IT WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. MISTY USA DOES NOT WARRANT THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. THE FOREGOING SHOULD BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MISTY USA, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, OR MANAGERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOU AGREE TO THE ASSUMPTION OF RISK RELATING TO YOUR USE OF THE WEBSITE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by items you purchase through the Website.
IX. WORLD-WIDE APPLICABILITIES AND LAWS
The Website is presented by Misty U.S.A. from within the United States. Misty U.S.A. makes no representation that materials in the website are appropriate or available for use in locations outside the United States. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the Website.
X. JURISDICTION AND VENUE
You agree that any legal action brought against Misty U.S.A. shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Website shall be an appropriate federal or state court located in California.
If any provision in these Terms & Conditions is held invalid, the remainder of these Terms & Conditions shall continue to be enforceable. If any provision in these Terms & Conditions is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms & Conditions and the remaining provisions are still valid and enforceable.
XIV. COMPLETE AGREEMENT
These Terms & Conditions, our Privacy, Shipping Information, and Returns & Exchanges policies, and product order confirmations constitute the sole and entire agreement between you and Misty U.S.A. regarding the Website and supersede all prior and contemporaneous understandings, representations, and warranties, both written and oral.
XV. YOUR COMMENTS AND CONCERNS
The Website is operated by
Misty U.S.A. Co. Inc., 9323 Rush Street, S. El Monte, CA 91007.
To give feedback, comments, requests for technical or order support, or other communications please use our Contact Us page.