Disclaimers of Warranties
THE WEBSITE AND ALL CONTENT AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DAILY MIND SHAKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DAILY MIND SHAKES DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. DAILY MIND SHAKES DOES NOT MAKE ANY WARRANTY AS TO THE QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY OF THE CONTENT OR SERVICES PROVIDED THROUGH THE WEBSITE.
Limitation of Liability
IN NO EVENT SHALL DAILY MIND SHAKES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT OR SERVICES PROVIDED THROUGH THE WEBSITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF DAILY MIND SHAKES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend, and hold harmless Daily Mind Shakes, its affiliates, officers, directors, employees, agents, contractors, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or in connection with your use of the Website or your violation of these Terms.
Changes to Website
Daily Mind Shakes reserves the right, at any time and without notice, to modify, suspend, or discontinue the Website or any content or services provided through the Website.
Links to Third-Party Websites
The Website may contain links to third-party websites that are not owned or controlled by Daily Mind Shakes. Daily Mind Shakes has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.
Entire Agreement
These Terms constitute the entire agreement between you and Daily Mind Shakes concerning your use of the Website. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck from these Terms and the remaining provisions shall remain in full force and effect.
Governing Law
These Terms shall be governed by and construed by the laws of the State of California, without regard to its conflict of laws principles.
Jurisdiction
Any action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of the State of California.
Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck from these Terms and the remaining provisions shall remain in full force and effect.
Waiver
No waiver of any provision of these Terms shall be effective unless in writing and signed by both you and Daily Mind Shakes.
Notices
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:
If to Daily Mind Shakes:
If to you:
or to such other address as either party may designate in writing from time to time.
Counterparts
These Terms may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.