Mixtur Interactive, Inc.
Terms of Sale

1. Introduction. The terms and conditions which follow (the "Terms of Sale") control your legal rights with respect to all products purchased online through Mixtur.com or other stores operated on behalf of Mixtur Interactive, Inc. ("Mixtur"). All products are sold by Mixtur to you (the "Customer"). You may have additional rights under the laws of your state. By accepting delivery of products purchased from Mixtur, you agree to be bound by and accept the Terms of Sale. Mixtur reserves the right to alter the Terms of Sale at any time, without prior notice to Customers.

2. Other documents do not apply. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document. Any attempt to alter, supplement or amend the Terms of Sale or to enter an order for a product or products which is made subject to additional or altered terms and conditions will not be binding unless otherwise agreed to in writing and signed by both the Customer and an authorized representative of Mixtur.

3. General Warranty. Mixtur products are sold or offered subject to limited warranties. Particular Mixtur products may be offered with the addition of different warranties.

4. Applicability. Mixtur products contain proprietary intellectual property owned by Mixtur and/or third parties. Particular Mixtur Software may be sold with the addition of different terms of sale.

5. Changes in Terms and Conditions. Mixtur reserves the right to modify or alter its warranties at any time, without notice to the Customer.

6. Disclaimer of Warranties. EXCEPT AS PROVIDED IN THE WARRANTY STATEMENTS SET OUT ABOVE, OR IN WARRANTIES PROVIDED WITH MIXTUR PRODUCTS, MIXTUR MAKES NO OTHER WARRANTIES, AND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES. THE WARRANTY STATEMENTS SET OUT ABOVE, AND THE WARRANTIES PROVIDED WITH MIXTUR PRODUCTS, ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTIBILITY OF FITNESS FOR A PARTICULAR PURPOSE.

7. Limitation of Liability and Remedies. IN NO EVENT WILL MIXTUR OR ITS SUBSIDIARIES, AFFILIATES, SUBCONTRACTORS OR SUPPLIERS BE LIABLE FOR ANY OF THE FOLLOWING:

ACTUAL LOSS OR DIRECT DAMAGE THAT IS NOT LISTED IN THE PARAGRAPH ABOVE; DAMAGES FOR LOSS OF DATA, OR SOFTWARE RESTORATION; OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DOWNTIME COSTS OR LOST PROFITS).

THE REMEDIES IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES.

8. Prices. Prices and shipping charges are provided on Customer's order form. Customers residing in the state of Washington will have sales tax added to their orders. Customers residing in any European state having membership in the European Union ("EU") will have the Value Added Tax on E-Services ("VOES") added to their orders as applicable. Unless Customer provides Mixtur with a valid government or non-profit tax exemption certificate, Mixtur will withhold sales tax where applicable. Even if Mixtur does not withhold sales tax, Customer may be responsible to pay sales tax in its state, county, or municipality.

9. Terms of Payment. Terms of payment will be established at Mixtur's discretion. Mixtur must receive payment prior to its acceptance of Customer's order. Payment will be made by credit card or bank transfer.

In the event of a calculation error in the total charge, Mixtur will notify the customer by telephone and/or email that the total charge had to be recalculated. Upon notification, Mixtur asks the customer to agree on the new charge. If there was an overcharge, Mixtur pays back the customer the difference in the form of a credit. If additional payment is required and customer agrees, Mixtur will make a second charge on the customer's credit card. If the customer does not agree to the new total charge, the customer may cancel and Mixtur will issue a full refund (including any applied taxes). Where a payment has been made by credit card, refunds are in the form of a credit applied to the credit card presented for the originating transaction. Where a payment has been made by bank transfer, a refund check will be issued in USD and will be made payable to the customer directly. Mixtur reserves the right to issue a refund check at any time within thirty (30) days after the refund becomes due and payable.

Orders are not binding upon Mixtur until accepted by Mixtur.

Mixtur is not responsible for typographical errors, including but not limited to errors affecting prices quoted for products offered through Mixtur.com or stores operated on its behalf. If Customer pays using a credit card, Customer's order is subject to approval of the bank or other financial institution that issued Customer's card. Mixtur will not be liable if the bank refuses to approve Customer's purchase or refuses to accept or honor Customer's credit card. If Customer's card and purchase are accepted and approved, Customer agrees to pay its obligations to its credit card issuer as required under the terms of Customer's agreement with the issuer.

10. Cancellation Policy. Once an order is submitted online the order is immediately processed and your credit card account is charged. At this point, the order cannot be cancelled online.

Unless the product you purchase is marked "No Return, No Refund," Mixtur will accept product returns within the first fifteen (15) days from the date the product is received by the customer. Please see the Return and Refund Policy below.

11. Return and Refund Policy. Unless the product you purchase is marked "No Returns for Refund" Mixtur will accept returned products for refund within the first fifteen (15) days from the date the product is received by the customer. After the fifteen-day period expires, Mixtur does not accept returned products for refund.

To return products, please contact Mixtur's technical support department through email at the following address: This email address is being protected from spam bots, you need Javascript enabled to view it Mixtur's technical support department can also be reached by calling (206) 965-9505. Upon receiving Mixtur's acceptance of a returned product, applicable serial numbers will cease to be valid and customer agrees to stop using returned software immediately.

12. Governing Law/Exclusive forum. The interpretation, construction, and enforcement of the Terms of Sale will be governed by the laws of the State of Washington as applied to agreements entered into and to be performed entirely within Washington between Washington residents. Any action requiring the interpretation, construction, or enforcement of the License must be brought in a state or federal court in the federal judicial district where the Customer resides or in Kitsap County, Washington. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

13. Severability. If any provision of the Terms of Sale is deemed to be unenforceable, illegal, or otherwise invalid by a court of competent jurisdiction, that provision and all remaining provisions will be enforced to the greatest extent possible.

14. Complete Agreement. The Terms of Sale, as supplemented by specific product warranties, warranty disclaimers, and software license agreements, constitute the entire agreement between the parties with respect to Customer's purchase of products through Mixtur.com, or stores operated on its behalf, and supersede any prior or contemporaneous agreement or representation regarding the subject matter.

15. Governing Language. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.