Terms of service

Effective Date: May 16, 2025

1. Agreement to Terms

These Terms of Use, including all documents expressly incorporated herein by reference (collectively, these “Terms of Use” or “Terms”), constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Tail Starters, LLC d.b.a Mission Farmstead and affiliates (“Company,” “we,” “us,” or “our”), concerning your access to and use of the website located at www.missionfarmstead.com, as well as any other websites or applications where these Terms of Use are posted, linked, or incorporated by reference, including any content, functionality, and services offered on or through such websites and applications (collectively, the “Site”). Without limiting the generality of the foregoing, these Terms of Use govern your purchase of any goods or services offered on or through the Site (collectively, “Products”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU BEGIN USING THE SITE OR MAKE ANY PURCHASE OF PRODUCTS ON OR THROUGH THE SITE. BY ACCESSING THE SITE, MAKING A PURCHASE OF PRODUCTS ON OR THROUGH THE SITE, OR CLICKING “ACCEPT” OR CHECKING THE APPLICABLE BOX FOR MANIFESTING ACCEPTANCE OF THESE TERMS OF USE, YOU ACCEPT, AND AGREE TO BE BOUND BY, THESE TERMS OF USE AND AFFIRM YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS OF USE. THE SITE IS INTENDED FOR USERS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD. PERSONS UNDER THE AGE OF EIGHTEEN (18) ARE NOT PERMITTED TO USE THE SITE. THESE TERMS OF USE REQUIRE THE USE OF MANDATORY ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time, including, but not limited to, our Privacy Notice, located at https://www.missionfarmstead.com/privacy-policy (“Privacy Notice”), and Refund Policy, located at https://www.missionfarmstead.com/refund-policy (“Refund Policy”), are hereby expressly incorporated herein by reference.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. If we have your email address on file, we will notify you via email of any material changes to these Terms of Use. We will also alert you about any changes by updating the “Last Updated” date at the top of these Terms of Use. Your continued use of the Site following the posting of the revised Terms of Use means you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.


2. Privacy Notice

We care about data privacy and security. Please review our Privacy Notice, available at https://www.missionfarmstead.com/privacy-policy. By using the Site, you agree to be bound by our Privacy Notice, which is incorporated into these Terms of Use.

3. Accessing the Site; Account Security

We reserve the right to withdraw or amend this Site, and any content, functionality, service, or Product we provide on or through the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site.

You are responsible for:  

Making all arrangements necessary for you to have access to the Site; and

Ensuring that all persons who access the Site through an internet connection which you share are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Notice, available at https://www.missionfarmstead.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal or confidential information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Intellectual Property

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and other content on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by applicable copyright, patent, trademark, trade secret, and other intellectual property, proprietary rights, and unfair competition laws. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site solely for your personal, non-commercial use. We reserve all right, title, and interest in and to the Site, Content, and Marks not expressly granted to you herein. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of, or the entirety of, the Site, Content, or Marks, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

You may store files that are automatically cached by your Web browser for display enhancement purposes;

You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution; and

If we provide social media features with certain content, you may take such actions as are enabled by such feature

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site, Content, or Marks in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Site, Content, or Marks not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

5. User Representations

By using the Site, you represent and warrant that: (a) you have the requisite legal capacity required, and you agree, to comply with these Terms of Use; (b) you are not a minor in the jurisdiction in which you reside; (c) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (d) you will not use the Site for any illegal or unauthorized purpose; and (e) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

6. Prohibited Activities

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing.

Without limiting the generality of the foregoing, as a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;

Use any information obtained from the Site in order to harass, abuse, or harm another person;

Make improper use of our support services or submit false reports of abuse or misconduct;

Use the Site in a manner inconsistent with any applicable laws or regulations (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);

Engage in unauthorized framing of or linking to the Site;

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, logic bombs, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any user’s uninterrupted use and enjoyment of the Site, modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site, or is otherwise malicious or technologically harmful;

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

Delete the copyright, trademark, or other proprietary rights notices from, or otherwise modify, any Content or copies of Content;

Attempt to impersonate Company, an employee of Company, or another user or person (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing);

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);

Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;

Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;

Decipher, decompile, disassemble, reverse engineer, rent, loan, lease, sell, sublicense, or create derivative works from the Site, any of the software comprising or in any way making up a part of the Site, or any other Content;

Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

Use a buying agent or purchasing agent to make purchases on the Site;

Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;

Use the Site or Content for benchmarking purposes, as part of any effort to compete with us, or otherwise for any revenue-generating endeavor or commercial enterprise; or

Use the Site to advertise or offer to sell goods and services.

7. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or Products (“Submissions”) provided by you to us, whether online or offline, are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without providing acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

8. Site Management

We reserve the right, but are under no obligation, to: (a) monitor the Site for violations of these Terms of Use; (b) change, suspend, modify, remove, and discontinue the Site, Contents, and Products, or any part thereof, at any time, for any or no reason, at our sole discretion, without notice; (c) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (d) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your account or any portion thereof; (e) in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (g) fully cooperate with any law enforcement authorities pursuant to a search warrant or other legally valid inquiry or court order requesting or directing us to disclose information related to any user’s use of the Site; and/or (h) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no responsibility, or liability, to anyone for performance or nonperformance of the activities described in this Section 8

9. Reliance on Information Posted

The information presented on or through the Site is made available solely for personal, non-commercial, general information purposes. This Site may contain certain historical information, which, necessarily, is not current and is provided for your reference only. We do not warrant the accuracy, completeness, or usefulness of the information presented on or through the Site. Further, we are under no obligations to update such information. Any reliance you place on such information, whether direct or indirect, is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

10. Linking to the Site; Social Media

You may link to our Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

As previously provided herein, we make this Site available to you only for your personal, non-commercial purposes. Without limiting the generality of the foregoing, you may not use or access the Site or purchase Products from it for the purpose of commercial reviews of such Products or inaccurate or untruthful reviews about Company, the Site, or the Products.

This Site may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on this Site; (b) send e-mails or other communications with certain content, or links to certain content, on this Site; and/or (c) cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you. (ii) cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (iii) link to any part of the Site other than the homepage; or (iv) otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in immediately causing any unauthorized framing or linking to the Site to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

11. Third-Party Links

We are not responsible for the content of any other website, including any website through which you may have gained access to our Site or to which you may have gained access from our Site. We do not accept any liability in connection with any such websites or links. Where we provide a hyperlink to a third party’s website, we do so because we believe in good faith that such a website contains, or may contain, material, which is relevant to that on our Site. Such a hyperlink does not signify that we have reviewed or approved of the connected third party’s website or its contents―indeed in certain instances a hyperlink may connect you to a third party’s website containing views contrary to those expressed on our Site or otherwise held by us.

12. Promotions and Contests

Any programs, offers, sweepstakes, contests, raffles, surveys, or other similar promotions (each, a “Promotion” and, collectively, “Promotions”) made available through the Site may also be governed by rules and/or terms that are additional to these Terms of Use. By participating in any Promotion, you will become subject to such additional Promotions terms, to the extent they are applicable. We urge you to read the applicable Promotions terms and to review our Privacy Notice, available at https://www.missionfarmstead.com/privacy-policy, which, in addition to these Terms of Use, govern any information you submit in connection with any such Promotions.

13. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE OR SUSPEND YOUR USE OR PARTICIPATION IN THE SITE AND YOUR ACCOUNT, AND DELETE ANY CONTRIBUTIONS THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to the foregoing rights, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

14. Governing Law

These Terms of Use and your use of the Site are governed and construed in accordance with the laws of the State of Ohio applicable to agreements made and to be entirely performed within the State of Ohio, without regard to its conflict of law principles.

15. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE CLAIMS WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

Any dispute, claim or controversy of any nature, including tort and statutory claims, among the parties in any way arising out of or relating to these Terms of Use, the Privacy Notice, data privacy, data security, the Site, and/or the Products (“Dispute”) shall be finally resolved by and through binding arbitration in accordance with the Federal Arbitration Act to the exclusion of any other Federal, state, or municipal law of arbitration administered by the American Arbitration Association (“AAA”) by a sole arbitrator or in small claims court. If you are an individual, then the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for consumer Related Disputes then in effect will apply. If you are a business or legal entity other than an individual, then the arbitration will be administered by AAA in accordance with the AAA’s Commercial Rules then in effect. The AAA rules are available at www.adr.org. Notwithstanding the foregoing, in any conflict between the AAA’s rules and these Terms of Use, the Terms of Use will govern. Both the foregoing agreement of the parties to arbitrate any and all Disputes, and the results, determinations, findings, judgments and/or awards rendered through any such arbitration, shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

For any Dispute, the place of Arbitration shall be in Cincinnati, Ohio. The cost of the arbitration proceeding, including, without limitation, each party’s attorneys’ fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrators, may be prorated between the parties in such proportion as the arbitrators determine to be equitable and shall be awarded as part of the award.

YOU AND COMPANY EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). YOU AND COMPANY AGREE THAT THE ARBITRATORS HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT CLASS-WIDE ARBITRATION PROCEEDINGS, AND ARE ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND COMPANY.

THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE AND FEDERAL COURTS LOCATED IN CINCINNATI, OHIO.

WITHOUT WAIVING THE RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF THIS SECTION 18 BE STRICKEN FROM THESE TERMS OF SERVICE OR DEEMED OTHERWISE INVALID OR UNENFORCEABLE, THEN THIS ENTIRE SECTION 18 (OTHER THAN THIS SENTENCE) SHALL BE STRICKEN FROM THIS AGREEMENT AND ANY AND ALL DISPUTES SHALL PROCEED IN THE STATE AND FEDERAL COURTS LOCATED IN CINCINNATI, OHIO AND BE DECIDED BY A JUDGE, SITTING WITHOUT A JURY, ACCORDING TO APPLICABLE COURT RULES AND PROCEDURES, AND NOT AS A CLASS ACTION LAWSUIT.

16. Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY CONTENT OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE SITE AND ANY CONTENT, PRODUCTS, MATERIAL, AND INFORMATION PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND ANY CONTENT, PRODUCTS, SERVICES, MATERIAL, AND INFORMATION PROVIDED ON OR THROUGH THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE SITE, ANY CONTENT, PRODUCTS, MATERIAL, AND INFORMATION PROVIDED ON OR THROUGH THE SITE, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY CONTENT, PRODUCTS, MATERIAL, OR INFORMATION PROVIDED ON OR THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THE SITE OR THE CONTENT, PRODUCTS, SERVICES, MATERIAL, OR INFORMATION PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE CONTENT, PRODUCTS, SERVICES, MATERIAL, OR INFORMATION PROVIDED ON OR THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

17. Limitations of Liability

IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $5,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. Indemnification

You agree to defend, indemnify, and hold harmless, Company, our affiliates, and our and their respective licensors, service providers, officers, directors, employees, or agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your: (a) use of the Site, including any Content, Products, or other information or materials available on or through the Site; (b) breach of these Terms of Use; (c) breach of any representations and warranties set forth in these Terms of Use; (d) violation of the rights of a third party, including but not limited to intellectual property rights; or (e) overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

19. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

20. Geographic Restrictions

We operate the Site from the State of Ohio. We make no claims that the Site, including any Content, Products, or other information or materials available on or through the Site, is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

21. Survival

Upon termination of these Terms of Use, the terms and conditions of these Terms of Use that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example purposes only, the arbitration and class-action waiver requirement, protection of intellectual property, indemnification, and limitations of liability each, by their nature, contemplate performance or observance after these Terms of Use have terminated or expired. Without limiting any other provisions of these Terms of Use, the termination of these Terms of Use for any reason will not release you from any obligations incurred prior to termination or which thereafter may accrue in respect of any act or omission prior to such termination.

22. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

23. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

24. Copyright Infringement Notification

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) should send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. You may visit the following third-party website for more details: https://www.copyright.gov/onlinesp/.

If you believe that your work has been improperly copied and posted on the Site, then please provide us with the following information: (a) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (b) a description of the copyrighted work that you claim has been infringed; (c) the applicable Site and a description of where the material that you claim is infringing is located within such Site; (d) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give us legally sufficient notice of infringement.

DMCA notices and counter-notices should be sent to:
Keating Muething & Klekamp PLL
Attn: DMCA Agent
One East Fourth Street
Suite 1400
Cincinnati, OH 45202
Email: dmca@kmklaw.com

25. Affiliate Notice

Company is a participant in Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for websites to earn advertising fees by advertising and linking to Amazon.com and affiliated websites. We receive a small compensation for purchases made through such links to support our business.

26. Miscellaneous

These Terms of Use, any documents incorporated herein, and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign these Terms of Use, or any of our rights and obligations hereunder, to others at any time and without your consent. You may not assign these Terms of Use, or any of your rights or obligations hereunder without the prior written consent of Company in the form of a written instrument signed by a duly authorized representative of Company. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

27. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding these Terms of Use or use of the Site, please contact us at hello@meetmikemiller.com