Terms of Use

TERMS OF USE
EFFECTIVE AS OF AUGUST 28, 2020

1. AGREEMENT, ACKNOWLEDGEMENT, AND ACCEPTANCE OF TERMS
We are as passionate about our customers as we are our broths, and other products we carry. Part of giving the best customer experience involves having clear terms of use associated with our offerings. The following Terms of Use (“Terms”) apply to and govern your access to and use of any website, mobile website, social media site, software, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or products (collectively the “Service”), that are owned, operated, or provided by Mala Girl Broths, LLC, or any of its subsidiaries, divisions, or affiliates (“Mala Girl”). Mala Girl offers the Service, including all information tools, services, goods, and products available, to you conditioned upon your acceptance of all terms, conditions, polices and notices stated herein or incorporated by reference. Please read these Terms carefully before using our Service or making any transaction, order or purchase. By making any transaction, order or purchase or by visiting or otherwise using the Service in any manner, you acknowledge and accept without limitation or qualification, that you have read and understood these Terms and you agree to be bound by them. You also acknowledge, agree and consent to the terms of our Privacy Policy and Copyright Policy, which are incorporated herein by reference. If for any reason you do not accept and agree to these Terms or those set forth in the Privacy Policy or Copyright Policy, then accessing the Service is strictly prohibited and you must immediately cease use of the Service. By using the Service you agree that you are at least the legal age of majority in the jurisdiction in which you reside or, if you are not, that you have obtained parental or guardian consent to use the Service. The Service is not targeted for use by children under the age of eighteen. IF YOU ARE UNDER THE AGE OF EIGHTEEN YOU ARE NOT AUTHORIZED TO USE THE SERVICE. We reserve the right to change these Terms at any time and at our sole discretion, with whatever minimum notice to you is required by applicable law. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms. These Terms affect your legal rights, responsibilities, and obligations, govern your use of the Service, are legally binding, limit Mala Girl’s liability to you, require you to indemnify Mala Girl, to settle certain disputes through arbitration, as well as waiving certain rights to bring class or collective actions. Your continued use of the Services affirms your agreement to these Terms. If you do not wish to be bound by these Terms or any future modifications or amendments to these Terms, do not use our Service. These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.

2. OWNERSHIP OF SERVICE
The Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the “Content”), are all proprietary and owned, licensed, or controlled by Mala Girl, our licensors, and certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of and owned or licensed by Mala Girl, our licensors or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible. A limited, revocable, nontransferable license is granted to temporarily download one copy of the Service for personal, non-commercial transitory viewing only. This is not a transfer of title, right, or interest in the Service or Content. The license does not give you the right to, and you are strictly prohibited from, modifying or copying the Content, using the Content for any commercial purpose, publicly displaying the Content, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of Mala Girl. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Mala Girl at any time for any reason. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Mala Girl owns and uses several trademarks on the Service, including but not limited to:

MĀLA GIRL, BROTHOCCINO, Mala Girl’s Trade Dress, and the Mala Girl Logo. All
rights are reserved in all of Mala Girl’s intellectual property. Mala Girl respects the rights of other content owners and follows the United States Digital Millennium Copyright Act as set forth in our Copyright Policy, which is incorporated into these terms by reference.

3. SHIPPING

You may cancel or modify an order placed with the Service prior to the shipment or placement of the order. Mala Girl will refund all cancelled orders where the order has not been placed or otherwise initiated, such as with a third-party shipping company. Mala Girl ships products either directly, or through third-party suppliers. While we will work diligently to ensure that products are delivered in the indicated time, you agree that Mala Girl will not be liable for any delays in shipping or delivery resulting from the action or inaction of any shipping or carrier service utilized by Mala Girl. Mala Girl monitors all orders to guard against fraud and identity theft. Mala Girl may verify transaction records and information with the relevant bank or credit card company. If an order is placed that Mala Girl believes is fraudulent following such verification process, Mala Girl will cancel the order, notify the consumer of the fraudulent order, and inform law enforcement. If an ordered product does not arrive to a destination within the continental United States within a month of the order without notice of justifiable delay on behalf of Mala Girl, or if an ordered product arrives damaged, broken, or otherwise defective, Mala Girl will work with you to address whatever issue you may have. Generally, Mala Girl will refund you the full price of your order or provide a replacement product, provided that you provide Mala Girl with (i) notice of the defect and (ii) a description of the defect, including as required, evidence of such defect, within a week of your receipt of the product.

4. RETURNS AND REFUNDS
We want happy customers, and if you are anything less than 100% satisfied with our products, please notify us directly via email or phone.

5. DISCLAIMER AND LIMITATIONS OF LIABILITY
THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE
AVAILABLE OR PURCHASED THROUGH THE SITE ARE PROVIDED TO YOU &
IS WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY
KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS,
WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE
THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES
OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE

THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL
FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST
EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF
THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE
THROUGH THE SITE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR
OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO
ACCESS AND USE THE SITE OR TO PURCHASE PRODUCTS SOLD ON THE SITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

6. INDEMNIFICATION
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Mala Girl and its officers, directors, employees, and agents from and against any and all claims, losses, liability, damages, costs, or expenses, including reasonable attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service, including use of any good or product purchased through the Service or (b) violation of these Terms by you. If you fail to promptly indemnify and defend a covered claim, Mala Girl shall have the right to defend itself, and in such case, you shall promptly reimburse Mala Girl for all of its associated costs and expenses.

7. LINKS TO OTHER MATERIALS
The Service may provide links to other third-party websites (“Linked Sites”). Mala Girl has not reviewed all of the information on the Linked Sites, does not maintain any of the Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site. The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site.

The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of Mala Girl. If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with, the third party or its products and services. Mala Girl makes no representation or warranty as to any Linked Site, content, products or services.
AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.

8. GOVERNING LAW
By accessing the Services, you agree that the statutes and laws of the United States and the state of Florida, USA, without regard to conflicts of laws principles, will apply to all matters relating to use of this Site or use of the Services. You further agree that any arbitration (and please note any dispute is subject to mandatory arbitration under these Terms) litigation, action, or proceeding arising out of or related to these Terms shall be subject to the sole and exclusive jurisdiction of the state of Florida and that venue shall be in an appropriate state or federal court located in Orlando, Florida. You hereby submit to the jurisdiction and venue of said courts and consent to service of process by email in any legal proceeding.

9. ARBITRATION
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Orlando, Florida before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction.

This clause shall not preclude parties from seeking provisional remedies in aid of
arbitration from a court of appropriate jurisdiction. 10. CLASS ACTION WAIVER
You and Mala Girl agree that each party may bring claims against the other only on an individual basis, subject to the arbitration clause in these Terms, and not as a plaintiff or class member in any purported class or representative action or proceeding. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding in any court of competent jurisdiction in Florida, and not in arbitration.

11. ENTIRE AGREEMENT; SEVERABILITY
These Terms and the policies incorporated herein constitute the entire agreement
between you and Mala Girl and govern your use of the Services, superseding any prior agreements between you and Mala Girl relating to your use of the Services. You will be subject to additional terms and conditions when you purchase products; participate in a sweepstakes, contest, or other promotion; or use or download software. If any provision of these Terms is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms. The failure of Mala Girl to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

12. HOW TO CONTACT US
We want to assure you that Mala Girl is dedicated to providing you the highest quality products and experience. Please feel free to contact us at any time if you have any questions or comments about these terms or our business.

You can contact us or by emailing us at [rae@malagirlbroths.com].