Effective July 18, 2016
The MyMix Beverage System Agreement ("Agreement") is between you and Ecowell, LLC("we" or "us") and describes the terms and conditions that apply to your MyMix Value Account. By purchasing a beverage, loading or using your MyMix Value Account, you agree to these terms.
This Agreement includes an Arbitration provision that governs any disputes between you and us. This provision will: Eliminate your right to trial by jury; and Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidate proceedings.
You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your MyMix Account by electronic means, including posting such items online at https://www.mymixbeverage.com/terms.php.
About Your Account
We issue a MyMix Value Account to you, the MyMix Value Account allows you to load a dollar value, that can be used to purchase beverages at MyMix Beverage Systems. The dollar value that you load onto your MyMix Value Account is a prepayment for the goods and services provided at MyMix Beverage Systems. We provide the MyMix Value Account to make it easier for you to use and purchase these goods and services. Unless otherwise required by law or permitted by the Agreement, the dollar value on you MyMix Account is nonrefundable and may not be redeemed for cash. The value on your MyMix Value Account is not insured by the Federal Deposit Insurance Corporation(FDIC), nor does it earn interest.
Most MyMix Beverage Systems accept your MyMix Value Account. Some locations may limit access to their MyMix Beverage System location to their population or may choose to not allow account access.
Fees and Expiration of Account Balances
We do not charge any activation, service, dormancy or inactivity fees in connection with your MyMix Value Account.
Loading Value to your MyMix Value Account
In the United States, you can load value on your Account by accessing your Account at any participating MyMix Beverage System locations. Other methods to load your account may become available, which may include adding value with a credit or debit card through the MyMix Beverage System or through a website.
You may not have more than $250 in value on your account at any time, and no more than $500 may be associated with your account in a single day. This means that the activity on your MyMix Value Account cannot exceed $500 over the course of a day. We may change any of these amounts at any time without notice to you.
All amounts loaded onto your MyMix Value Account are denominated in United States of America currency.
Receipts and Transaction History
When you use the MyMix Beverage System, we will provide a receipt if you request one. The receipt will indicate that they purchase type(Value Add, Purchase, etc..). Some receipts can be emailed, others may only be available by logging into your account at https://www.mymixbeverage.com. You can check the balance of you MyMix Value Account, view transaction history, and receipts by logging into account at https://www.mymixbeverage.com. We will not send you statements of activity on your MyMix Value Account.
Purchasing Goods or Services With A Credit Or Debit Card
MyMix Beverage Systems can be used to purchase goods and services we provide without the use of the MyMix Value Account. If you use a credit or debit card to make a purchase, or add value at a MyMix Custom Beverage System an authorization process will occur which will place a hold on funds on your account. The hold will be for $2, a value which may change at anytime without notice to you. The authorization will validate the credit or debit card number, status, and available credit or funds and billing information to ensure that it matches what the bank or card company has on file.
For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this dollar amount from your credit line or available balance for a period of time determined by the policy of your bank before your Transaction is fulfilled. For debit cards, you bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your call will be charged only upon fulfillment of your Transaction. If your transaction is cancelled, we will request a reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.
Billing Error, Corrections
We will correct the balance of you MyMix Value Account or purchased goods or services if we believe that is a clerical, billing or accounting error has occurred. If you have questions regarding your transaction history or any correction, or you wish to dispute any transaction or correction that has been applied to your MyMix Value Account, please contact Customer Service at firstname.lastname@example.org. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within thirty(30) day of the date of the transaction in question.
Changes To This Agreement
We may amend this Agreement at any time. We will post the amended Agreement to our website at https://www.mymixbeverage.com/terms.php, and for a period of thirty(30) days after we post the amended Agreement, we will also post a notice on our wesite stating that the term of this Agreement have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition or deletion will apply to your future and existing MyMix Value Account. You are deemed to accept the changes, additions or deletions if:(1) you do not notify us the contrary in writing within twenty(20) days of the date of our notice or such other time specified in the notice; or (2) you use any of the goods or services provided by us after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your MyMix Value Account and refund any remaining balance to you.
Cancellation of This Agreement
We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the MyMix Value Account including your failure to provide valid information.If we terminate this Agreement without cause, we will refund the balance on you cancelled MyMix Value Account, less any amounts that you may owe us.
Fraud Associated with Your MyMix Value Account or Account Balance
We will not honor any MyMix Value Account, or will limit use of any MyMix Value Account, if we reasonably believe that the use is unauthorized, or fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. We do not control who adds value to any of the Accounts, and Ecowell,LLC has no liability to you for any third party fraud or unlawful activity associated with any MyMix Value Account balance. If we discover any MyMix Value Account balance was sourced or derived from fraud or unlawful means, in our sole discretion, we may cancel all impacted Accounts, and may use retains balances to help offset our liability.
Registration,Liability for Unauthorized Transactions
When registering for a MyMix Value Account or purchasing a MyMix Beverage, you agree that you will:(i)provide complete and accurate information about yourself; and (ii) update such information if it changes. If you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your MyMix Value Account and access to MyMix Beverage Systems. If you believe your MyMix Value account has been disabled in error, please contact us at email@example.com . You are responsible for:(a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your MyMix Value Account information. You should treat your Account as cash and not disclose the information to anyone. If your MyMix Value Value Account is compromised or stolen anyone who obtains possession may use your account. You are responsible for all transaction on your MyMix Value Account, including unauthorized transactions. However, if a MyMix Value Account is compromised or stolen, we will attempt to return control to the rightful owner. To have an Account's control reinstated to to the rightful owner, we may, in our sole and absolute discretion, ask for information about the account including date of creation, original email, multiple transactions information(transactionID, transactions location, value of transactions, date of transactions). If rightful ownership of an account cannot be established we reserve the right to cancel or suspend the account until such time as the dispute is resolved. Until resolution of the dispute all funds will be frozen and and all access to the account will be refused.
If your MyMix Value Account is compromised or stolen, contact us immediately by contacting us at firstname.lastname@example.org .
We may, in our sole discretion, run promotional programs associated with MyMix Value Account("Promotions"). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.
Please read this section carefully. If affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of the Agreement.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this MyMix Beverage System Agreement, your MyMix Value Account and your relationship and purchases with us. Any dispute or claim arising out of or relating to this Agreement or use of the MyMix Beverage System, or My Mix Value Account, parent or subsidiary companies( whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
Opt-Out Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration of you opt out of this arbitration provision within in 30 days from the earliest of the date you created your Account or this Agreement has gone into effect. You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address Ecowell, LLC, Customer Service Department 300 National Rd. Suite 400 Exton PA 19341. Any opt-out received after the Opt Out Deadline will not be valid and you must pursue your claim in arbitration or small claims court.
For all disputes, whether pursued on court or arbitration, you must first send a written description of your claim, by certified mail, to our Customer Service Department to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if you claim or dispute cannot be resolved within 60 days.
The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which the account was created or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither your nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award. Judgement on any arbitration award may be entered in any court having proper jurisdiction.
Cost of Arbitration
Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Ecowell, LLC will reimburse you for the filing fee within 30 days from receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provide notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recover of reasonable attorneys' fees and costs.
Class Action Waiver and Jury Waiver
You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you . Neither you , nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out procedure set forth above, If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware notwithstanding any conflict of law rules.
Disclaimer and Limits of Liability
Ecowell, LLC and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the MyMix Value Account, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Ecowell, LLC does not represent or warrant that your MyMix Value Account will always be accessible or accepted.
In the event the Ecowell, LLC or its affiliates are found liable to you, you shall only be entitled to recover the actual and direct damages and such damages shall not exceed the last balance held on you MyMix Value Account. Ecowell, LLC shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connect to this Agreement, whether in contract, warranty, tort(including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Ecowell,LLC or it affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a MyMix Value Account through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
The laws of certain states or jurisdictions do not allow limitations or implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have rights in addition to those contained in the Agreement. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
We may assign all or part of the Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent and any attempted assignment will be void.
Entire Agreement, Construction
This Agreement is the complete and exclusive statement of agreement between you and Ecowell, LLC, and supersedes and merges all prior proposals and all other agreements governing your MyMix Value Account. If any provision of this Agreement, other than the Class Action Waiver in the Arbitration provision above, is determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Visit https://www.mymixbeverage.com or email us at email@example.com.