MP BEVERAGES TERMS OF SERVICE

This Agreement ("Agreement") constitutes the Terms of Service related to your use of MPBeverages.com, and any transactions as a customer of Mirth Provisions LLC. Our Privacy Policy, available elsewhere on this website, is hereby incorporated as a part of this Agreement by reference, and you are agreeing to the Privacy Policy to the same extent that you are agreeing to the Terms of Service in this document.

1. Contact Us

Thsese Terms of Service were last updated January 14th, 2023. If you have any questions about our website, terms of service, privacy policy, or any products offered for sale, please contact us at hi@mpbeverages.com.

Correspondence can be mailed to our corporate address at: MP Beverages, 909 California Way, Longview, WA 98632.

2. Class Action and Arbitration

You and MPBeverages.com, and its legal entity or any subsidiaries, agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

You agree that any claim or dispute in connection with: (i) the use of this site; (ii) the use and/or purchase of any of our products or services through our website or distributed through our website; (iii) or any information or content stored or viewed on our site; will be resolved by binding arbitration rather than in court, except for certain small claims actions. Arbitration means you are giving up the right to go to Court and assert any rights you may have, except for any matters that do not fall under this arbitration clause as previously mentioned.

Arbitrations under this Agreement will take place on an individual basis, and class actions are not permitted. This agreement does not allow class or collective arbitrations, or class actions, even if arbitration rules would. The arbitration will be binding non-appearance, and initiated through an established alternative dispute resolution provider, and any award shall be confidential and shall remain confidential. Each party is to be responsible for any filing fees to commence arbitration and any costs related to the Arbitration process. Both parties agree to have such arbitration claims heard in Washington.

In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within Washington. The prevailing party in any such action shall be entitled to their reasonable attorneys' fees and costs.

To summarize, both parties agree that they are waiving their right to a trial by jury and that any dispute must be submitted to binding arbitration. By placing an order on our website, you irrevocably waive any right you have to join claims with those of others in the form of a class action or similar procedural device. Any claims relating to your usage of our website or product must be asserted individually.

3. Consult A Physician

The information found on MPBeverages.com is for informational and educational purposes only. As with any recreational ingestible product, we recommend that you consult a physician or doctor before using any of our products. You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our products. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Site.

None of the statements made on our website have been affiliated or verified by the FDA. The products or content offered at MPBeverages.com do not diagnose, treat, cure or relieve any medical or health conditions. Neither our website, customer service representatives, employees, nor any third parties linked to from our website are authorized to provide any medical advice.

4. Information We Require

We may request certain information from you in order to process your purchase, including your name, address, telephone number, e-mail address, credit card information, and information about your health goals or other information as required. Your information will only be subject to disclosure as stated in our Privacy Policy. As a part of using our service, you must be at least eighteen years old, and at least twenty-one to consume any of our ingestible products.

5. Order Prices, Availability, and Modifications

We reserve the right to cancel your order at any time, for any reason including, but not limited to, mistaken pricing on our website or marketing materials, shortages of materials, increases in price of materials, or any other purpose that we may deem appropriate. Any changes to the Agreement will be effective immediately for new buyers, while any material changes will become effective after thirty (30) days for previous purchases unless they have sent notice to us that they do not agree with the changes and have stopped using our site. Otherwise, your continued use of our site and program constitutes your acceptance of such changes. You agree that we may charge you the applicable price and shipping cost agreed to at the time of checkout, and that payment is not immediately refundable once order confirmation has been sent.

6. Shipping and Taxes

Orders generally take about 2-5 business days to process and ship. You may be provided shipping details through the checkout screen on our website or through your account. We use USPS, UPS and other third-party shippers to fulfill our orders. If you have not received your order, your order is damaged, or you require an exchange, please contact us immediately at hi@mpbeverages.com. Failure to contact us in a timely manner may affect your ability to return any products to us. You agree that we may charge you any sales, VAT, or nexus taxes collected in your jurisdiction as applicable when receiving any of our products.

7. Return Policy

Any products a retail customer wishes to return must be returned to their place of purchase. Washington law prevents us from accepting returns for refund from end consumers in the state of Washington.

Copyright and Trademark

Our website contains unique content owned exclusively by us, including the text and graphics. We cannot allow this text to be copied, as it harms our search engine rankings and promotes third parties at our expense. Any unauthorized use of our copyrighted content is prohibited.

MPBeverages.com relies on its trademarks and trade dress to distinguish itself from competitors, profit from its marketing efforts, and ensure that its product image remains positive in the eyes of the consumer. As such, any unauthorized use of our trademark or trade dress, including copying the look and feel of our website or product design, is prohibited.

Furthermore, we may, but are not obligated to, permit the submission of content generated by our users. You agree that if you submit any content to us, you are granting us a non-exclusive, irrevocable, universal right to reproduce the content for any reason and in any form, for the sole advantage of MPBeverages.com, financially or otherwise.

We take copyright infringement very seriously. If you believe that your copyrighted material has been infringed on our website, please send a valid DMCA notice to: hi@mpbeverages.com

Representations and Warranties

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER MPBEVERAGES.COM NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER MPBEVERAGES.COM NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Terms and Conditions

The Terms and Conditions are a required form that every customer must agree to during the checkout process. This form usually consists of things like your return policy, legal statements about sales and online sales, references to your privacy policy, etc.

Similar to the Privacy Policy page, here your terms and conditions are repeated from the checkout area for easy customer access in case your terms have updated or the customer simply wants to review them.