Terms of service

 

EFFECTIVE DATE: May 22, 2024


This Terms of Use (“Terms”) is an agreement between you and Mixed Pantry, LLC. (“Mixed Pantry”, "us", "our" or "we") and sets forth the legally binding terms for your use of our website www.mixedpantry.market (and its subdomains) and any websites which include a link to these Terms (the "Sites"), as well as in connection with any of our sales or marketing activities or other services available on our Sites or offline (“Services”). These Terms apply to your use of the Sites and Services (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or any other means or applications in which you connect with us and your use of our Sites or Services.

Our Privacy Policy is incorporated into and subject to these Terms by reference. Please review that Privacy Policy for information about how we collect, use, and share information, including the data rights available to you.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 9 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES BECAUSE THEY ARE A LEGALLY BINDING DOCUMENT AND AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

1. WHO WE ARE

Mixed Pantry, LLC. is a U.S.-based company that offers a curated selection of high-quality Asian food products, promoting cultural education and mutual learning through our online store and physical locations.

  • Business Store Location: 2233 1st Ave, Seattle, WA 98121
  • Email: hello@mixedpantry.market

2. ACCEPTANCE OF TERMS

Agreement to the Terms. Each time that you access or use our Sites or Services, you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any of these Terms, you must discontinue using the Sites and Services.

Eligibility. You must be at least 18 years old or have reached the age of majority in the jurisdiction in which you reside to use the Sites and Services or become a member. By using our Services, registering with us, becoming a member, or making a purchase from us, you attest that you have reached the age of majority and have the legal capacity to be legally bound by these Terms.

3. ACCOUNT AND CONTACT INFORMATION

Account. You can create an account by submitting the required information (“Mixed Pantry Account”). You’ll need to provide a valid email address and a password, which you will be required to submit each time you log in. The email address you provide is your username. You must provide accurate, current, and complete information during the registration process and keep your Mixed Pantry Account up-to-date at all times. Any falsification of any information whatsoever may, at Mixed Pantry's option, result in immediate suspension or termination of your right to use the Services.

Security. If you use our Services, you are responsible for restricting access to your Mixed Pantry Account and ensuring that your computer and mobile device are free from all types of malicious content. You understand and agree that you are responsible for maintaining the confidentiality and security of your password and other Account Information, and that you are solely responsible for all activities that occur on or through your Mixed Pantry Account. You further agree to notify Mixed Pantry immediately of any unauthorized access to your Mixed Pantry Account or unauthorized use of your Account Information or any other security breach by emailing us at hello@mixedpantry.market.

4. PAYMENT AND CANCELLATION RIGHTS

Purchasing our Products or Services. Please refer to the applicable offer for a description of our products and services such as our curated food products and membership plans and pricing. Any terms and conditions of any offer disclosed to you when ordering is deemed part of these Terms. Mixed Pantry reserves the right to change the fees for its products and Services and will provide notice of any increase prior to your being charged.

Orders. Any prices displayed on the Sites are quoted in U.S. dollars and are intended to be valid and effective only in the United States. We will add shipping and handling fees and applicable sales/use tax in accordance with our then-current policies. All orders are for personal use only and orders for resale are prohibited without prior written approval. Products displayed on these Sites are available only while supplies last. If your order is canceled by us after you have been charged, we will issue a credit.

Billing Information. When you provide payment information (“Billing Information”) to Mixed Pantry or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you (“Payment Method”), and you authorize Mixed Pantry to charge such Payment Method for the full amount of the transaction. In the event Mixed Pantry cannot charge the Payment Method you provide, we reserve the right to terminate your order and invoice you for any unpaid amounts. You must promptly notify Mixed Pantry if your Payment Method is canceled (e.g., for loss or theft). If you fail to notify us, you remain responsible for any continued charges to the Payment Method you provided.

5. YOUR USE OF THE SITES AND SERVICES

Rules of Conduct. In connection with your use of the Sites and Services, you will not:

  • Use the Sites and Services other than as permitted in these Terms and only for your personal use;
  • Upload or input to the Sites or Services any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Sites or Services;
  • Reverse engineer, decompile, reverse assemble, decode, modify or attempt to discover any source code or generate its content or any software or other products or processes accessible through the Sites or Services;
  • Use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Sites or Services;
  • Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage;
  • Impersonate others or create false accounts;
  • Send chain letters, junk mail, ‘spamming’ material or any other form of bulk communication;
  • Publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information.

Monitoring. Mixed Pantry reserves the right to monitor all network traffic to the Sites or Services and anyone using the Sites or Services expressly acknowledges that such monitoring may occur. Mixed Pantry may block unauthorized attempts or intrusions to upload or change information or cause damage to the Sites or Services in any fashion.

6. PROPRIETARY RIGHTS

Ownership of Content and Marks. The Sites and Services, and all content published on or accessible through the Sites and Services (‘Content”), is owned by Mixed Pantry, its affiliates or its licensors, and is protected by laws governing copyrights, patents, trademarks, trade secrets and/or other proprietary rights. Mixed Pantry owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Sites. All trademarks, logos, service marks, trade names, and trade dress appearing on the Content and Sites (“Marks”), are proprietary to Mixed Pantry, its affiliates, or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Sites or Services.

Our Limited License to You. You acknowledge and agree that the Sites, Services and Content are provided under license, and not sold, to you and your use. You do not acquire any ownership interest in the Sites, Services or Content under these Terms, or any other rights thereto other than to use the Sites, Services and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. Mixed Pantry grants you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable, and non-transferable license to access and display the Content (excluding any software code) solely for your personal use in connection with accessing and using the Services as reasonably necessary to use them for their intended purpose. You may not use the Sites, Services, Marks or Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.

7. DISCLAIMER OF WARRANTIES

IF YOU CHOOSE TO USE THE SITES OR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SITES OR SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. LIMITATION OF LIABILITY

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Sites, Services, Content and User Content, and your posting of any User Content remains with you. Neither Mixed Pantry nor any other party involved in creating, producing, or delivering the Sites or Services, Content or User Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Sites or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Mixed Pantry has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed its essential purpose. In no event will Mixed Pantry’s aggregate liability arising out of or in connection with these Terms and your use of the Sites or Services exceed the amounts you have paid to Mixed Pantry in the twelve-month period prior to the event giving rise to the liability, or $50 USD if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Mixed Pantry and you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. ARBITRATION / DISPUTE RESOLUTION

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Washington without application of conflict of laws rules, except that these Arbitration provisions shall be governed by the Federal Arbitration Act.

Resolution of Any Dispute. In the event a dispute arises between you and Mixed Pantry (“Dispute”), we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us by writing to Mixed Pantry, LLC., hello@mixedpantry.market. If, however, the Dispute cannot be resolved by the personnel directly involved, the parties shall first attempt in good faith to resolve the Dispute promptly by negotiation between duly appointed executive officers or other representatives of such parties, with full authority to negotiate and settle the Dispute. If a Dispute has not been resolved by negotiations within 90 days as provided hereinabove, such Dispute shall be submitted to JAMS, or its successor (collectively, “JAMS”), for mediation. Any party involved in the Dispute may commence mediation by providing to JAMS and each other party involved in the Dispute a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. None of the parties may commence arbitration or a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 30 business days after the date of filing the written request for mediation, whichever occurs first.

Limitation of Legal Remedies. If there is a Dispute that remains unresolved after mediation, INSTEAD OF SUING IN COURT, YOU AND MIXED PANTRY EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES, ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO MIXED PANTRY’S INTELLECTUAL PROPERTY RIGHTS AND STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE. This agreement to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claim(s)”). The arbitrator's decision and award are final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.

Jury Trial Waiver. YOU AND MIXED PANTRY EACH VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SITES OR SERVICES.

Class Action Waiver. YOU AND MIXED PANTRY EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All arbitrations under these Terms must be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief.

10. CONTACT US

Please email us at hello@mixedpantry.market if you have any questions about these Terms.

When contacting us, please include your full name, address, phone number, and email address, and indicate the specific nature of your request or inquiry.