Terms of Service

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 Legal 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.