PARTICIPATION ENROLLMENT AGREEMENT

 

PLEASE READ THIS PARTICIPATION ENROLLMENT AGREEMENT (THE "AGREEMENT") AND ALL RELATED DOCUMENTS AND AGREEMENTS REFERENCED IN THIS AGREEMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT INCLUDES A RELEASE OF CERTAIN LEGAL RIGHTS.

THE UNDERSIGNED PARTICIPANT, AND MINOR PARTICIPANT'S PARENTS AND/OR LEGAL GUARDIAN(S), (COLLECTIVELY "WE" OR “PARTICIPANT”) HEREBY AGREE TO THE TERMS AND CONDITIONS STATED HEREIN AS CONSIDERATION FOR MYX LLC. (“MYX”) PERMITTING THE PARTICIPANT TO ENROLL AND PARTICIPATE IN MYX PROGRAMS (COLLECTIVELY, THE “PROGRAM”).

 

PART 1: MEDICAL AUTHORIZATION AND RELEASE

 

  1. Medical Authorization and Consent

We authorize and consent to MYX and its Assistants (as defined in Part 8.E. below) and such entities’ organizers, guides, leaders, staff, directors, nominees, assigns, designees, owners, successors, affiliates, local partners, and any and all other persons or entities associated with it, including subcontractors and vendors (collectively, the "Staff"), securing any and all medical attention and treatment which the Staff deems necessary or appropriate for the Participant at any time during the Participant's program (the "Program").

 

Without limitation, we further authorize and consent to the hospitalization, securing and performance of medical treatment, injection, anesthesia, x-ray procedures, blood transfusions, medications and surgery for the Participant by the Staff and/or any hospital, physician, medical care provider, person or entity during the Program in the event the Participant is incapable of making medical decisions independently. We also agree to the release (to or by the Staff) of any records necessary for treatment, referral, billing or insurance purposes.

 

We acknowledge our full authority to provide this authorization. We understand the Staff will attempt to notify the Participant's parent/guardian or other designated emergency contact of any medical treatment that has been administered by the Staff or providers or persons who are not part of the Staff as soon as possible. We recognize, however, that notification prior to treatment is not always possible in emergency situations or where immediate means of communications are not readily available. 

 

Due to the isolated and remote locations and conditions that the Participant will encounter on the Program, we understand the availability, accessibility, and quality of medical services and rescue possibilities may be severely limited or even unavailable. There also may be a limited ability to communicate with rescue and medical personnel and to transport or evacuate the Participant from an incident location. Portions of the Program may occur in locations as much as several hours or days from any medical facility, and in regions where traditional Western medical care is not always available.

 

The Medical Authorization and Consent to the Staff, as contained in this Section of Part 1 of this Agreement, shall remain in effect during the pendency of the Program only. For purposes of this Section, the Program commences upon the Participant’s arrival and, where applicable, clearance of customs at the arrival airport (“Arrival Airport”) which will occur on the Program arrival date communicated to Participant. The Program concludes upon the Participant’s leaving the departure airport (“Departure Airport,” which, depending on Participant’s Program, may be in a different country than the arrival host country), which will occur on the ending date communicated to Participant, unless the Participant departs at an earlier time. Neither MYX nor its Assistants will be liable for any damages, injuries, illnesses, or any other harms sustained by the Participant before the Program begins or after the Program ends. 

 

B. Mental Health Support

We understand that the Staff are trained first and foremost in the field of experiential education. The Staff is not qualified in any way to deliver any psychiatric or mental health support or treatment. MYX programs are not therapeutic and do not provide any mental health treatment or support. They should not be used or recommended as a component of a mental health treatment regimen. The Staff is neither trained, competent to or able to provide support, accommodation or treatment to Participants struggling with substance abuse or mental health issues. If mental health consultation or treatment becomes necessary during a program in response to a particular situation, MYX may, but shall not be obligated to, make a reasonable effort to facilitate it. If necessary in the sole discretion of MYX, the Participant needing mental health consultation or treatment may be removed from the Program.

 

C. Right to Refuse

We understand and agree that, subject to applicable law, MYX reserves the right to refuse Participant from participating in any of MYX’s Programs for any lawful reason, in MYX’s sole discretion. We represent that the Participant is adequately physically and mentally fit and prepared for this type of travel, living abroad and for the activities that are associated with the Program. If Participant requires any specialized physical, mental health or academic accommodations, Participant shall disclose and request such accommodation pursuant to Part 1.D. below. We acknowledge that we have the sole responsibility to share all medical and mental health information with the Staff during enrollment. Such medical information shall be shared with MYX or with an Assistant designated by MYX. If MYX learns that a healthcare professional has determined that participation in a particular activity or Program is not advised, MYX may, subject to applicable law, prohibit the Participant from engaging in that activity or Program. If MYX obtains information or otherwise determines during the course of the Program that the Participant's previously undisclosed medical or mental health condition renders the Participant incapable of meeting the Program requirements, MYX may remove that Participant from the Program. This determination is at MYX's sole discretion. Any costs associated with a participant's dismissal, including but not limited to additional lodging, food, or travel expenses, will be solely at the Participant’s and/or his/her parent’s or legal guardian's expense.

 

PART 2: INSURANCE, MEDICAL EXPENSES, AND PERSONAL PROPERTY

We understand and accept our sole and exclusive responsibility to provide comprehensive travel medical insurance for the Participant for the entire duration of the Program, including any and all transportation associated therewith. We further understand and accept that the MYX does not provide any form of travel medical insurance for the Participant, although we are aware that we must purchase travel medical insurance for this trip, either through a company recommended by MYX or through another company that we choose. We agree to provide proof of travel medical insurance to MYX or to an Assistant designated by MYX. We acknowledge that we are responsible for understanding the specifics of our medical and travel insurance policy(s), ensuring that the policy covers international travel and all optional and included activities associated with the Program, and ensuring that there are no exclusion clauses which would limit the coverage for any activity type or inherent risks associated with the program including pandemics.

 

If any type of medical treatment is required for the Participant for any reason, we understand and accept full and exclusive responsibility for any expenses not covered by MYX's emergency service partner. The Staff may, but is not required to, provide initial payment to secure urgent medical services for Participant, and in such situations, we agree to reimburse the Staff no later than ten (10) days after payment is made by the Staff to secure such medical services. We accept and acknowledge that regardless of the type of injury or illness that the Participant may sustain, the cost of any and all medical care and assistance before, during, and after the Program is exclusively our responsibility.

 

We agree to hold harmless and indemnify ("indemnify" meaning protect by reimbursement or payment) MYX and its Assistants of and from any and all expenses arising because of any claim which may be presented by anyone including any health care provider or other third party, for expenses, loss, or damage as a result of the Participant's healthcare before, during, or after the Program. We also agree to accept all risk and fully release MYX and its Assistants for any personal property loss or damage the Participant may sustain during and/or resulting from participation in the Program.

 

We understand that throughout Participant’s participation in the Program, including without limitation during the Program’s activities (see Part 3) and while staying at Accommodations (see Part 4), there exists the risk that Participant’s personal property may be subject to damage or theft. We assume all risks associated with regard to Participant's personal property, and we fully release MYX and its Assistants for any damage, theft, or loss of any of Participant’s personal property.   

 

PART 3: PARTICIPATION

We agree to engage in the optional and included activities communicated to Participant in connection with the Program. These activities vary from program to program and relate to the program focus, itinerary, environmental conditions and staffing. Some of these activities may not be part of the Program cost and may require an additional cost (this additional cost may be collected by MYX or its Assistants). We understand that MYX and its Assistants reserve the right, at any time, including before or during the Program, to change any planned activities, including making cancellations, substitutions, or any other changes, at their sole discretion. We understand that, to the extent possible, MYX will contact us about any changes to any planned activities. Further, we understand and agree that MYX and its Assistants will not be responsible for any costs incurred as a result of a change to any planned activities. 

 

If a Participant chooses to not participate in any given activity included within the Program, Participant will inform MYX ahead of time. MYX cannot guarantee that an alternative activity will be made available to Participant. 

 

PART 4: PERSONAL PROPERTY

We understand that Participant’s accommodations during the program may be a combination of lodging provided by educational institutions, hotels, and/or guesthouses (collectively, the “Accommodations”). We understand that MYX strongly recommends that we obtain insurance with coverage limits sufficient to cover the value of the Participant's personal property, in the event of theft, fire, flood, or other unforeseen occurrence. We acknowledge that MYX is not responsible for Participant’s property.

 

PART 5: ACCREDIDATION
We understand that the Program is academic in nature, and it may be required for some Participants to successfully complete one to two semesters with MYX in order for Participant to receive college credits (the “Credits”). We understand that the Credits are granted by a third party accredited school that has entered into an agreement with MYX to grant the Credits (the “Credit Granting Institution”). We understand that Participant must successfully complete the Program in order to receive college credit, and that Participant will be required to attend all scheduled classes, lectures, seminars, and other academic activities scheduled as part of the Program. While MYX will use its best efforts to ensure that the Credit Granting Institution will grant the Credits to Participant for successful completion of the Program by Participant, WE UNDERSTAND AND AGREE THAT MYX CANNOT GUARANTEE AND DOES NOT GUARANTEE THAT THE CREDIT GRANTING INSTITUTION WILL IN FACT ISSUE THE CREDITS FOR PARTICIPANT’S PARTICIPATION IN THE PROGRAM. 

As part of the Program application process, Participant may apply to attend one of MYX’s partner colleges (each, a “Partner College”) after completion of the Program and some Partner Colleges have agreed to accept Participants who complete the Program without having to apply to the Partner College prior to participation in the Program. Each Partner College has its own requirements that it may impose in order to enroll Participants and accept the Credits from the Credit Granting Institution, including requirements such as minimum grade requirements as well as others, including but not limited to appropriate student conduct (the “Partner College Acceptance Conditions”). The Partner College Acceptance Conditions may change over time and may be subject to varying interpretations by each Partner College. We understand that each Partner College will have its own policies surrounding the transfer of Credits, including, without limitation, any policy regarding minimum grades required for Credit transfers, and that it is our responsibility to learn and understand the Credit transfer policies of the Partner Colleges that Participant desires to attend. WE UNDERSTAND AND AGREE THAT MYX IS UNABLE TO CONTROL THE PARTNER COLLEGE ACCEPTANCE CONDITIONS AND THAT MYX CANNOT AND DOES NOT GUARANTEE THAT PARTICIPANT WILL IN FACT BE ACCEPTED TO ATTEND ANY PARTNER COLLEGE, NOR THAT THE PARTNER COLLEGE ACCEPTANCE CONDITIONS WILL REMAIN UNALTERED OR BE INTERPRETED BY ANY PARTNER COLLEGE IN A MANNER THAT IS FAVORABLE TO PARTICIPANT.

After satisfactory completion of the Program by the Participant, and provided that the Participant has met all Partner College Acceptance Conditions, MYX will use its best efforts to ensure that the Credit Granting Institution transfers the Credits to the Partner College to which Participant was awarded conditional acceptance (conditioned on completion of the Partner College Acceptance Conditions) and that the Partner College will accept the Credits. However, the Partner College’s policies and practices related to the acceptance of transfer credits is beyond the control of MYX. WE UNDERSTAND AND AGREE THAT MYX CANNOT GUARANTEE AND DOES NOT GUARANTEE THAT ANY PARTNER COLLEGE WILL IN FACT ACCEPT THE CREDITS FOR PARTICIPANT’S PARTICIPATION IN THE PROGRAM. FURTHER WE UNDERSTAND AND AGREE THAT MYX CANNOT GUARANTEE AND DOES NOT GUARANTEE THAT ANY PARTNER COLLEGE WILL TREAT THE CREDITS AS FULFILLING ANY REQUIREMENTS TOWARDS ANY MAJOR OR TOWARDS ANY GRADUATION REQUIREMENTS OF THE PARTNER COLLEGE. 

MYX CANNOT GUARANTEE AND DOES NOT GUARANTEE THAT CREDITS WILL BE SUCCESSFULLY TRANSFERRED AND ACCEPTED BY ANY NON-PARTNER COLLEGE NOR BY ANY PARTNER COLLEGE THAT HAS NOT CONDITIONALLY ACCEPTED PARTICIPANT AND MYX DOES NOT ASSUME ANY RESPONSIBILITY FOR ASSISTING PARTICIPANT WITH ANY SUCH ATTEMPT TO TRANSFER THE CREDITS TO SUCH SCHOOLS. 

WE UNDERSTAND AND AGREE THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MYX DOES NOT REPRESENT OR WARRANT THAT THE PROGRAM OR ANY OF MYX’S SERVICES WILL MEET OUR EXPECTATIONS NOR THAT THE PROGRAM WILL GUARANTEE ANY SPECIFIC RESULTS INCLUDING WITHOUT LIMITATION ANY RESULTS RELATED TO THE RECEIPT OR TRANSFER OF CREDITS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MYX DISCLAIMS ALL RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES OR ACTIONS RELATED IN ANY WAY TO THE PROGRAM.

In addition to the foregoing, as part of the Program application process, Participant may choose to indicate interest in attending certain non-accredited institutions or programs (each, a “Non-Accredited Institution”) after completion of the Program. To the extent that Participant indicates interest to MYX in such Non-Accredited Institutions through the application process or otherwise, we consent to MYX providing such Non-Accredited Institutions with the contact information for Participant and consent to such Non-Accredited Institutions contacting Participant about attending such Non-Accredited Institutions. We also understand and agree that MYX has not entered into agreements with such Non-Accredited Institutions regarding admission into such institutions. MYX CANNOT GUARANTEE AND DOES NOT GUARANTEE THAT PARTICIPANT WILL BE ACCEPTED INTO ANY NON-ACCREDITED INSTITUTIONS. 

 

PART 6: FEES, CANCELLATION, AND REFUNDS

We have read, understand and agree to the terms of MYX’s PAYMENT AND CANCELLATION POLICY, which has been provided to us concurrently with this Agreement. 

 

PART 7: TRANSPORTATION

We understand that we are solely responsible to insure and possess all appropriate documentation for travel abroad. As part of the Program, MYX or its Assistants will book certain predetermined air and ground transportation during the Program (the “Program Travel”). Further, we understand that we are solely responsible for arranging and paying for all transportation other than the Program Travel. Transportation including, without limitation, airfare and carfare to the Arrival destination designated by MYX in the city where the Program will begin, transportation from the Departure destination designated by MYX in the city where the Program will conclude, and any personal local transportation within each city the Program will take place in, including but not limited to local public transportation and taxi cabs. 

 

PART 8: MISCELLANEOUS TERMS

 

A. Compliance with MYX’s Code of Conduct

We understand that by executing this Agreement, the Participant agrees to follow the rules and regulations described in MYX’s Code of Conduct (the “Code of Conduct”) which will be provided prior to the start of the Program. We acknowledge that MYX may dismiss a Participant as laid out in the Code of Conduct, including for wrongful or offensive conduct. Such wrongful, unsafe, or offensive conduct includes, but is not limited to, causing harm to one-self or others; causing harm to properties or local community relationships, and impacting the enjoyment of other participants on the Program. Any costs associated with a Participant's dismissal, including but not limited to additional lodging, food, or travel expenses, will be at the Participant and/or his/her parent’s or legal guardian's expense. We understand that MYX may amend the Code of Conduct at any time, but MYX will provide reasonable notice to Participants of any policy implemented during the Program that may result in a Participant’s dismissal from the Program. We also understand that engagement in prohibited conduct, including conduct prohibited in any code of conduct, handbook, or other set of rules or policies, may result in dismissal from the Program.

 

B. Participant’s Behavior

We understand that each foreign country has its own laws, culture and standards of acceptable conduct, including dress, manners, morals, politics, drug use and behavior as outlined in MYX’s Code of Conduct which will be provided prior to the start of the Program. We recognize that behavior which violates those laws or standards could harm MYX’s relations with those countries and the institutions therein, as well as Participant’s own health and safety. Participant is aware that if Participant violates the laws of the host country, Participant may place him or herself in legal jeopardy and that U.S. standards of due process may not apply. We understand that Participant is responsible for becoming informed of, and abiding by, all such laws and standards for each country Participant will visit as part of the Program and during designated independent time outside of the Program. 

 

We understand and agree that Participant will attend to any legal problems Participant encounters with any foreign nationals or government solely at Participant’s own expense. Further, we understand that, while MYX will use its best efforts to assist Participant, neither MYX nor its Assistants is responsible for providing Participant with legal representation. We agree to hold harmless and indemnify MYX and its Assistants of and from any and all expenses incurred by MYX and its Assistants arising from Participant’s violation of any laws of any host country, or assistance provided by MYX.

 

C. Acknowledgement and Assumption of Risks & Release and Indemnity Agreement

We have read, understand and agree to the terms of MYX’s ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT, which has been provided to us concurrently with this Agreement. 

 

D. Photography and Media Use

We understand that MYX and its Assistants reserve the right to capture photographic, video, written, spoken, and other digital or analog media records (“Media”) of any of its programs and the Participants. We understand that the Media may capture Participant’s name, voice, and likeness (“Appearance”). We hereby assign all right, title, and interest that we may have in the Media, as well as any reproduction, product, or derivative work of the Media. The foregoing assignment includes the right of MYX to use the Participant’s name to identify the Participant in the Media. We hereby waive any right to inspect or approve MYX’s use of the Media and we release MYX, its affiliates, partners, employees, officers, licensees and assigns from any and all claims arising out of the use of the Media, including, but not limited to, invasion of privacy or rights of publicity, or any claims for consideration or compensation for my Appearance or the rights granted hereunder. We agree that MYX and its Assistants may use any Media of the Participant for promotional and/or commercial purposes, whether taken before, during, or after the Program. We understand that MYX and its Assistants cannot control any Media taken or produced by outside parties not affiliated with MYX or its Assistants, and we fully release MYX and its Assistants and Staff for injury or damages suffered as a result of any Media taken or used by any such outside parties.

 

E. Assistants

We understand and agree that MYX may, at MYX’s sole discretion and expense, employ or engage the services of such employees, subcontractors, partners or agents, as MYX deems necessary to provide the Program and associated activities (“Assistants”). MYX’s Assistants may also use their own vendors and subcontractors.

 

F. FERPA Waiver

The Family Educational Rights and Privacy Act (FERPA) specifies the rights of students to privacy and confidentiality with respect to their education records. The Permission to Disclose Educational Record Information form (the “FERPA Waiver”), is a form used by MYX for Participants to grant permission for representatives of MYX or its Assistants to disclose and discuss the student’s education records with other persons specified by the student (such as a parent or legal guardian). We understand that Participant is not obliged to sign this form, however, Participant must inform MYX if Participant chooses not to sign the FERPA Waiver.  

 

G. Disclosure of Sensitive Communications

We understand that MYX and its Assistants reserve the legal, ethical, and moral right to report to the appropriate authorities anything the Participant shares while on a MYX program regarding the personal history of threatened or performed abuse; physical, sexual, or mental assault; or any other act that jeopardizes the well-being of the Participant, other participants, MYX staff and/or its Assistants. In these circumstances, MYX and its Assistants reserve the right to communicate with authorities and/or the Participant’s emergency contact without the Participant’s consent in the interest of the Participant's safety and wellbeing. 

 

H. Governing Law, Venue, and Dispute Resolution

We agree that New York law (without regard to its conflict of laws rules) exclusively governs this Agreement, and any dispute we have with MYX and its Assistants, and all other aspects of Participant’s relationship with MYX and its Assistants, contractual or otherwise (collectively, a “Dispute”), without giving effect to principles of conflicts of law. In the event of a Dispute, the parties will first attempt to resolve the Dispute(s) through good faith negotiation. In the event that the Dispute(s) cannot be resolved through good faith negotiation, the parties will refer the Dispute(s) to a mutually acceptable mediator, the costs of which shall be divided equally between the parties. In the event that such Dispute(s) cannot be resolved through mediation, the parties will refer the Dispute(s) to the American Arbitration Association for resolution through binding arbitration by a single arbitrator pursuant to the American Arbitration Association’s rules applicable to commercial disputes.  Any mediation or arbitration hereunder will be held in Suffolk County, NY. In the event that the dispute resolution procedures in this Section are found not to apply to a given Dispute, or in the event of a claim for injunctive relief, the parties agree that any judicial proceeding will be brought in the state courts of Suffolk County, NY. The parties consent to venue and personal jurisdiction there. The parties agree that, in the event of arbitration (or in the event of a lawsuit if this arbitration clause is deemed invalid or does not apply to a given Dispute) the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees).

 

I. Severability

Should any provision of this Agreement be held to be void or unenforceable, the remaining provisions shall remain in full force and effect.

 

J. Amendments and Waiver

No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision.

 

K. Entire Agreement

This Agreement, including all documents and policies referenced herein, sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, between them relating to the subject matter hereof.

 

L. No Third Party Beneficiary

This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other person or entity.

 

PART 9: ACKNOWLEDGEMENT AND AGREEMENT

We acknowledge that this Agreement includes a Medical Authorization, a release and waiver of certain legal rights, and other specified contractual obligations between us and MYX and we sign the Agreement with our own free will. We acknowledge that acceptance of our participation in the Program is dependent upon the complete and timely submission of all required documents and agreements including but not limited to this Agreement and all documents and policies referenced in this Agreement.


 

PARTICIPANT AND PARENT OF A MINOR PARTICIPANT AGREE: WE HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS AGREEMENT AND ACKNOWLEDGE THAT IT SHALL BE EFFECTIVE AND LEGALLY BINDING UPON ME, MY SPOUSE, PARTICIPANT AND OTHER CHILDREN, AND PARTICIPANT'S/PARENT'S OTHER FAMILY MEMBERS, HEIRS, EXECUTORS, REPRESENTATIVES, SUBROGEES, ASSIGNS, AND ESTATE. ALL PARTICIPANTS MUST SIGN BELOW. IF PARTICIPANT IS A MINOR (THOSE UNDER 18 YEARS OF AGE), ONE OF THE PARTICIPANT'S PARENTS OR LEGAL GUARDIANS MUST ALSO SIGN BELOW. WE UNDERSTAND THAT OUR SIGNATURES ARE VALID AND LEGALLY BINDING WHETHER WE CHOOSE TO ELECTRONICALLY SIGN THIS AGREEMENT, CONSENT TO THIS AGREEMENT THROUGH ANY FORM OF CLICK-WRAP AGREEMENT, OR SIGN A PRINTABLE VERSION OF THIS AGREEMENT.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MYX WEBSITE OR MOBILE APPLICATIONS (COLLECTIVELY, THE “MYX SITE,” WHICH CONSISTS OF ALL CONTENT AND PAGES LOCATED WITHIN THE MYX.COM WEB DOMAIN AND ALL MYX MOBILE APPLICATIONS). THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE MYX, LLC. BY ACCESSING AND CONTINUING TO USE THE MYX SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. PLEASE ALSO READ OUR PRIVACY POLICY BEFORE USING ANY PORTION OF THE MYX SITE. THE PRIVACY POLICY DESCRIBES HOW YOUR PERSONAL DATA IS COLLECTED AND PROCESSED WHEN YOU USE THE MYX SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS OR PRIVACY POLICY, YOU SHOULD NOT USE THE MYX SITE.

The following Terms of Use are entered into by and between you and The MYX, LLC (“MYX” or “Company” or “we” or “us” or “our” or other similar pronouns) and, together with any documents incorporated herein by reference, govern your access to and use of the MYX website and mobile applications.

MYX reserves the right to modify these Terms of Use at any time without advance notice. Any changes to these Terms of Use will be effective immediately upon posting on themyx.com, with an updated effective date. By accessing the MYX Site after any changes have been made, you signify your agreement to the modified Terms of Use and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of the Terms of Use.

USE OF SITE

The MYX Site is to be used by you for your personal use only. You agree that you will use the MYX Site in compliance with these Terms of Use, and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws. The MYX Site is directed to adults, including young adults. By using the MYX site, you represent that you are over the age of thirteen.

As a condition of your use of the MYX Site, you agree that you will not use the MYX Site in any manner intended to damage, disable, overburden or impair any MYX server or the network(s) connected to any MYX server or to interfere with any other party’s use and enjoyment of the MYX Site. You may not attempt to gain unauthorized access to the MYX Site, other accounts, computer systems or networks connected to any MYX server through hacking, password mining, or any other means. You may not attempt to obtain any materials or information stored on the MYX Site, its servers or associated computer though any means not intentionally made available through the MYX Site. If you create an account with MYX, you will not share your password or let anyone else access or compromise your account (except for your parents if you create an account while you are under 18 years of age). Furthermore, you agree that you will not use the MYX Site for any purpose that is illegal, unlawful, or prohibited by these Terms of Use.

You agree not to scrape, or otherwise download individually or in bulk, any MYX Site content, including but not limited to a list or directory of users on the system, user postings or user information, online textbooks, course materials or trademarks and logos. As a condition of your access to and use of the MYX Site, you agree that you will not use the MYX Site or any element thereof for any purpose that is commercial in nature.

You agree not to misrepresent or attempt to misrepresent your identity when providing information to MYX or while using the MYX Site.

TRADEMARKS

The MYX Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of MYX and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of MYX and/or other parties is granted or conferred upon you and they may not be used in any manner unless expressly authorized in writing by MYX or the applicable rights holder.

THIRD-PARTY SITES

If you choose to leave the MYX Site via links to other third-party websites, including those of advertisers, our Terms of Use and our Privacy Policy will no longer apply. MYX is not responsible for the terms and conditions or terms of use or privacy policies of those third-party websites, cookies, pixel tags and other similar technologies that they may use. In addition, because MYX has no control over such third-party sites and resources, you acknowledge and agree that MYX is not responsible for the availability of such third-party sites or resources, and that MYX does not endorse and is not responsible for any content, advertising, products, or other materials on or available from such third-party sites or resources.

GOVERNING LAW

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the arbitration provision set forth in these Terms of Use may be filed only in the states or federal courts located in the State of New York, United States. You hereby waive any right to a trial by jury. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

DISPUTE RESOLUTION/ARBITRATION

Except as otherwise provided under these Terms of Use, all disputes and claims between you and MYX that arise out of or in connection with, or relate to, these Terms of Use shall be resolved by final and binding arbitration administered by the American Arbitration Association under its commercial arbitration rules and supplementary procedures for consumer-related disputes, which arbitration shall take place in New York, New York. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. Further, unless both you and MYX agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting other individuals.

COPYRIGHT AGENT

  • We respect the intellectual property rights of others, and require that all who use the MYX Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to MYX’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

  • (a) Your address, telephone number, and email address;

  • (b) A description of the copyrighted work that you claim has been infringed;

  • (c) A description of where the alleged infringing material is located;

  • (d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • (e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

  • (f) 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.

 

Copyright Agent:
Chief Operating Officer
MYX
111 Meeting House Road
Westhampton, NY 11978
E-mail: legal@themyx.com

DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITES AND MYX INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OR SITE AND/OR THE MYX INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE FOR NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING ANY MYX SITES AND OR MYX INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OTHER MEMBERS OF OUR GROUP OF AND AFFILIATED COMPANIES AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH MYX SITES OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF MYX SITES, ANY WEBSITES LINKED TO THEM AND ANY MATERIALS POSTED ON THEM INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE; LOSS OF BUSINESS; LOSS OF PROFITS OR CONTRACTS; LOSS OF ANTICIPATED SAVINGS; LOSS OF DATA; LOSS OF GOODWILL; WASTED MANAGEMENT OR OFFICE TIME; AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, PROVIDED THAT THIS CONDITION SHALL NOT PREVENT CLAIMS FOR LOSS OF OR DAMAGE TO YOUR TANGIBLE PROPERTY OR ANY OTHER CLAIMS FOR DIRECT FINANCIAL LOSS THAT ARE NOT EXCLUDED BY ANY OF THE CATEGORIES SET OUT ABOVE.

IN THE EVENT MYX IS HELD LIABLE FOR ANY DAMAGES RELATED TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID TO MYX BY YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO MYX BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.

YOU SHALL DEFEND MYX AGAINST ANY DEMANDS, CLAIMS OR ACTIONS BROUGHT AGAINST US OR ARISING AS A RESULT OF ANY BREACH OR VIOLATION OF THESE TERMS OF USE BY YOU (“CLAIM”) AND YOU SHALL INDEMNIFY AND HOLD MYX HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RESULTING FROM ANY SUCH CLAIM. MYX HAS THE RIGHT, AT MYX’S EXPENSE, TO ASSUME EXCLUSIVE DEFENSE AGAINST ANY CLAIM AND ALL NEGOTIATIONS FOR SETTLEMENT AND YOU AGREE TO COOPERATE WITH US IN THE DEFENSE OF ANY SUCH CLAIM, AT OUR REQUEST.

LOCAL STANDARDS

We do not represent or warrant that the MYX Site or any content, materials, information, functions or products available through the MYX Site are appropriate for use in all locations. Persons who choose to access the MYX Site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

TERMINATION

Notwithstanding anything to the contrary set forth in these Terms of Use, we may terminate your access to all or any part of the MYX Site at any time, and/or block or prevent future access to and use of the MYX Site, in each case with or without cause, with or without notice and without attendant liability, effective immediately. Upon any termination, all rights and obligations of the parties hereunder shall cease and you shall immediately cease using the MYX Site, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of these Terms of Use shall survive and (b) the provisions of these Terms of Use that by their nature are intended to survive termination shall so survive.

INQUIRIES

You may direct questions about these Terms of Use to legal@themyx.com.