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Terms of Service
Using Sendermix (https://champions.bio) constitutes acceptance of these Terms Of Service ("TOS") and the Acceptable Use Policy ("AUP").
Within the context of this document, the term 'Affiliate' shall refer to a user who becomes a part of the Service with the intention of promoting products offered by Subscribers. This promotion typically involves earning a fee for each sale that is referred through their efforts.
The term 'Service,' as used in this document, pertains to the provisions and advantages offered through the website located at https://champions.bio.
In the context of this document, the term 'Subscriber' pertains to the user or consumer who has completed registration and possesses a valid username and password for accessing the Service.
The term 'User,' as indicated within this document, refers to an individual who gains access to the website located at https://champions.bio.
The phrase 'Your Products,' as defined in this document, encompasses the digital files that the Subscriber uploads to Sendermix's servers, as well as any physical items or services they produce and offer for sale through the Service.
Services Available on the Site
The components comprising the Service are extended to Subscribers as membership benefits. SenderMix retains the authority to modify, enhance, or eliminate any element of the Service, as well as to adjust the plans on which these features are accessible.
Updating of Service
Periodically, novel features that amplify or enrich the Service might be introduced. These additions will likewise adhere to the terms of the TOS, and your ongoing utilization of the Service will imply your acceptance of these modifications.
Availability of Service
SenderMix strives to maintain a uptime percentage exceeding 99.9%. While we work to provide uninterrupted service, certain interruptions may arise during the daily operation of the Service due to factors such as network failures, server equipment malfunctions, issues with external services the Service relies on, or software deployments containing bugs. While we endeavor to minimize such disruptions, some circumstances might be beyond our control. SenderMix cannot be held accountable for any losses incurred as a result of service interruptions of any nature.
Given that SenderMix operates on shared resources and aims to ensure an equitable service for all Subscribers, actions may be taken if a single Subscriber or Affiliate's resource usage jeopardizes the Service's intended functionality for other Users. SenderMix reserves the right to restrict or suspend such Users. In such cases, reasonable efforts will be made to notify the User and provide an opportunity for corrective measures. However, this notification is not guaranteed, and if the Service's intended functionality is at risk, SenderMix reserves the right to immediately restrict the account without prior notification.
To register for an account you must:
- Be 18 years or older to use Service, and old enough to enter into a binding agreement for the sale and purchase of goods and services in your country of residence
- If you are representing a business entity, have the authority to enter into a binding agreement on behalf of the business
- Be a human. Accounts registered by "bots" or other automated methods are not permitted.
- Enter a valid email address and legal name
- Agree and abide by the conditions laid out in the TOS and AUP
Merchants and Affiliates establish passwords to secure access to the Service. These passwords must be treated as confidential information and should never be shared under any circumstances. It is the responsibility of Merchants and Affiliates to ensure the security of their account via their email and password combination. SenderMix will not be held accountable for any losses or consequences stemming from unauthorized access to an account due to negligence on the part of the Merchant or Affiliate. If Merchants or Affiliates suspect their account details have been compromised, they should promptly contact our support team. Upon receiving a notification, support will acknowledge the message. Merchants and Affiliates will continue to bear liability for any unauthorized access until support's confirmation of receipt.
Furthermore, Merchants and Affiliates are prohibited from utilizing their account to attempt security breaches on other accounts, the general Service, or unauthorized access to other networks or servers. Any such attempts will lead to the immediate termination of their account.
You retain full rights and intellectual property ownership over Your Files, excluding any content provided by SenderMix. You bear the responsibility for the content within your files, as well as for their backup and the sales of said files. SenderMix serves as a technological facilitator for distributing Your Products and cannot be held liable for inadvertent distribution arising from incorrect configuration of Products within the Service. This encompasses scenarios such as setting incorrect prices, stock levels, or generating an excessive number of discount codes.
SenderMix does not conduct comprehensive reviews of all files stored within the Service. It is incumbent upon you to ensure that your files comply with legal regulations and adhere to the guidelines outlined in our Acceptable Use Policy and other relevant policies. SenderMix reserves the prerogative to periodically inspect the content of files for violations of laws or our policies. Instances of non-compliance may lead to the removal of the file or termination of your account.
SenderMix furnishes tools that empower Merchants to engage Affiliates in the promotion of their products. While SenderMix facilitates the mechanism for such collaborations, it maintains no further role, whether financial or otherwise, in the interaction between a Merchant and their Affiliates. Merchants bear the responsibility of compensating Affiliates for orders they refer, while Affiliates are accountable for marketing the Merchant's products in alignment with these Terms and Conditions, as well as any additional Terms and Conditions stipulated by the Merchant and displayed on the affiliate program join page. SenderMix assumes no liability for any losses stemming from the shortcomings of either Merchants or Affiliates in fulfilling their mutual obligations.
SenderMix reserves the right to grant specific Merchants permission to send their own order emails in lieu of utilizing the automated system offered by the Service. Such authorization will be granted solely through prior written agreement and is contingent upon adherence to the subsequent conditions:
- the mechanism used to send the emails be automated and make use of either the SenderMix API, web hooks or other agreed mechanism, to initiate the email being sent
- the order email be sent in a reasonable amount of time after an order is completed and be deliverable to all email address formats
- include a link to the download URL when digital goods are part of the order
- make no reference to SenderMix without prior agreement
SenderMix maintains the prerogative to activate order emails if there are indications that the email mechanism employed by the Merchant is malfunctioning. Typically, this determination will be made by initiating a complimentary order for one of the Merchant's products and sending it to the SenderMix Support email address, assessing whether the order email is received. However, this outcome cannot be guaranteed.
SenderMix presents a referral program that enables users to introduce new customers to our platform. While participating in this scheme, it is important to note that you are prohibited from promoting or featuring SenderMix on any coupon, deal, or discount website, engaging in pay-per-click advertising, or showcasing SenderMix on search engines or social media platforms.
Payment is required in advance on a monthly basis, consistently falling on the day before your initial signup date (referred to as the 'bill day'). The inaugural month serves as a free trial, entailing that the first payment is deferred until one month post-registration. Throughout the trial, the Merchant is obligated to furnish payment details (comprising debit/credit card or PayPal subscription) to cover the monthly Service fee. By continuing to utilize the Service, the Merchant is granting SenderMix the authorization to debit their chosen payment method for the ongoing membership cost. In the event that payment details aren't provided during the trial, the Merchant's access to membership benefits will be suspended.
In case a payment is omitted (e.g., due to an expired credit card), SenderMix will promptly notify the Merchant about the issue. The Merchant then has a 14-day window to rectify the payment prior to their account suspension. However, this grace period only applies after a successful prior month's payment has been executed. For accounts with incorrectly provided payment details, suspension occurs immediately after the trial's first month.
SenderMix extends a range of plans, each offering distinct membership benefits. Merchants have the flexibility to upgrade or downgrade their plan at any juncture through the Account section of the site. Downgrading incurs the new monthly charge in the subsequent billing cycle, while upgrading entails a prorated charge for the remaining current billing cycle. The new monthly fee becomes effective from the subsequent bill day.
Occasionally, SenderMix may modify the benefits associated with each plan. In such instances, Merchants will receive notification and a 30-day grace period to choose between retaining their current plan, transitioning to another, or canceling their membership.
An invoice email and a copy stored within the Merchant's account are issued for each membership payment rendered. Questions pertaining to these invoices should be directed to the support team.
Refunds will not be granted for instances where a lack of action, such as account cancellation or downgrading, results in a higher-than-expected charge on the bill day. Responsibility for the chosen plan on bill day lies with the Merchant.
Merchants hold the option to terminate their account via the 'Close Account' button in the account tab or by reaching out to support. In such cases, all data will be permanently lost and irretrievable. SenderMix assumes no responsibility for any losses incurred during account closure.
Use of assets belonging to the Service
You may not use the SenderMix logo, colors, site layout or screenshot of the dashboard area without prior written permission.
We will terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any User Content infringes on your copyrights, you may submit a notification pursuant to the SenderMix Digital Millennium Copyright Act (DMCA) Notice. Please see our DMCA Policy below for more information.
You hereby agree to indemnify and hold harmless SenderMix, its officers, directors, employees, agents, and affiliates (each referred to as an 'Indemnified Party'), against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including but not limited to attorneys' fees and expenses, that any Indemnified Party may incur due to: (a) your User content; (b) your improper use of the Services; (c) your breach of this TOS or any of our policies; or (d) your violation of any applicable laws, rules, or regulations in connection with the Services. If any claim, allegation, suit, or proceeding arises concerning matters potentially encompassed by the provisions of this section, you agree to bear the defense costs of the Indemnified Party, including reasonable expenses and attorneys' fees.
We reserve the right, at our own expense, to take control of the exclusive defense and management of any matter otherwise subject to indemnification by you. In this event, you pledge to fully cooperate with us in asserting any available defenses. This provision does not obligate you to indemnify any Indemnified Party for any unconscionable commercial practice on their part, or for their negligence, fraud, deception, false promise, misrepresentation, or omission of any significant information concerning the Services. You acknowledge that the stipulations within this section will endure beyond the termination of your account, this TOS, or your access to the Services.
Disclaimer of Warranties
By using the Services, you explicitly comprehend and agree that, to the maximum extent permissible by law, your engagement with the Services is undertaken entirely at your own risk. The Services are subject to periodic modifications that may occur without prior notification. These Services are furnished 'as is,' devoid of warranties of any nature, whether express or implied. Such warranties include, but are not confined to, merchantability, fitness for a specific purpose, and non-infringement. We neither guarantee nor represent the precision, dependability, comprehensiveness, or timeliness of the content offered through the Services, including textual, graphical, or linked materials.
We are unable to ensure error-free operation of the Services or guarantee their immunity from computer viruses and other malicious software. In the event that your use of the Services necessitates servicing or replacement of equipment or data, we bear no responsibility for the associated financial outlays.
Limitation of Liability
Under no circumstances and under no legal theory, whether contractual, tortious, or otherwise, shall SenderMix be liable to you or any third party for: (a) any indirect, incidental, special, exemplary, consequential, or punitive damages, including but not limited to lost profits, lost sales or business, data breach, or loss of data; or (b) any direct damages, costs, losses, or liabilities (including attorney's fees) exceeding the fees actually paid by you in the two (2) months preceding the event that gave rise to your claim, or if no fees were applicable, a total of one hundred U.S. dollars ($100). The provisions of this section apportion the risks between the parties under this Agreement, and the parties have taken these limitations into consideration while determining whether to enter into this Agreement.
Certain jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which implies that some of the above limitations might not be applicable to you. In such jurisdictions, our liability will be constrained to the maximum extent permissible by law.
We do not make any representations or warranties concerning the Services or any other items or services offered by us. This includes, but is not limited to, any implied warranties arising from the usage of trade, course of dealing, or course of performance, any implied warranty of merchantability or fitness for a specific purpose, and any implied warranty of non-infringement. You acknowledge that the Services, including any servers, hardware, software, and other items used or provided by us in connection with the Services, are provided on an 'as is' basis. We do not provide any warranty that the Services will be free from bugs, faults, defects, or errors, nor do we guarantee uninterrupted access to the Services.
Kindly review the subsequent section attentively. It necessitates the arbitration of disputes with us and outlines the manner in which you can pursue remedies. This section within the agreement will be referred to as the 'Arbitration Agreement.'
Scope of Arbitration Agreement. You consent to the resolution of any dispute or claim connected in any way to your use or access of the Services, or in the capacity of a consumer availing our services, encompassing matters concerning advertising or marketing communications about us or our Services, products or services procured or distributed via the Services that you acquired as a consumer, and any aspect of your relationship or dealings with us as a consumer of our services, through binding arbitration rather than court litigation. This is with the exception of two circumstances: (1) You can bring claims in a small claims court if they qualify, as long as the case remains within that court and proceeds solely on an individual basis (not as a class or representative action); and (2) Either you or SenderMix can seek injunctive or other equitable remedies in court for infringement or misappropriation of intellectual property rights (such as patents, copyrights, trade secrets, trademarks, domain names, and trade dress). This Arbitration Agreement applies to all claims, without restriction, that arose or were raised prior to the Effective Date of this Agreement.
IF YOU CONSENT TO ARBITRATION WITH SenderMix, YOU ARE PRE-AGREEING NOT TO ENGAGE IN OR PURSUE MONETARY OR OTHER FORMS OF REDRESS IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT. INSTEAD, BY ACCEPTING ARBITRATION, YOU HAVE THE OPTION TO BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION CASE. IN THE EVENT OF SUCCESS ON SUCH CLAIMS, AN ARBITRATOR MAY AWARD YOU MONETARY COMPENSATION OR OTHER REMEDIES.
- Arbitration Rules and Jurisdiction. This Arbitration Agreement is subject to the Federal Arbitration Act in all respects. To initiate an arbitration procedure, you must forward a letter requesting arbitration and outlining your claim to [email protected]. The arbitration process will be administered by JAMS in accordance with its regulations and in alignment with the stipulations of this Agreement. Disputes involving claims and counterclaims under $250,000, excluding attorney's fees and interest, will adhere to JAMS's most current edition of the Streamlined Arbitration Rules and procedures accessible at http://www.jamsadr.com/rules-streamlined-arbitration/. For all other claims, JAMS's most recent iteration of the Comprehensive Arbitration Rules and Procedures will apply, which can be found at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's regulations are also accessible at www.jamsadr.com (under the Rules/Clauses tab) or by reaching out to JAMS at 800-352-5267. The allocation of all filing, administrative, and arbitration fees will be governed by JAMS's regulations. In the event that the arbitrator determines that you lack the financial means to cover JAMS's filing, administrative, hearing, and/or additional fees and are unable to obtain a fee waiver from JAMS, we will assume responsibility for these fees on your behalf. Furthermore, we will reimburse all such JAMS filing, administrative, hearing, and/or other fees for claims involving a total amount in controversy below $10,000. In cases where JAMS is unavailable for arbitration, the parties will jointly select an alternative arbitration venue. You have the option to choose whether the arbitration proceedings are conducted via telephone, video conference, based on written submissions, or in person in the country of your residence or at another mutually agreed location.
- Arbitrator Authority. The arbitrator, rather than any federal, state, or local court or agency, holds exclusive jurisdiction to resolve any dispute concerning the interpretation, applicability, enforceability, or establishment of this Arbitration Agreement. This includes, but is not limited to, any contention that any or all portions of this Arbitration Agreement are void or nullifiable. The arbitration will determine the rights and responsibilities, if any, of both you and SenderMix. The arbitration process will remain separate from other proceedings, matters, or parties, and will not be amalgamated or joined with any other legal actions. The arbitrator will possess the prerogative to grant motions that determine all or part of any claim or dispute. The arbitrator holds the authority to grant monetary damages and to provide any non-monetary remedy or relief that an individual is entitled to under relevant law, the rules of the arbitration forum, and this Agreement (including this Arbitration Agreement). The arbitrator will furnish a written decision outlining the fundamental findings and conclusions upon which any award (or decision not to award) is founded, including the computation of any granted damages. The arbitrator is bound by applicable law and possesses equivalent authority to provide remedies on an individual basis as a judge in a court of law. The arbitrator's decision is definitive and obligatory for both you and SenderMix.
- Jury Trial Waiver. YOU AND SenderMix RENOUNCE ANY CONSTITUTIONAL AND LEGAL ENTITLEMENTS TO INITIATE LAWSUITS IN COURT AND PARTICIPATE IN A TRIAL CONDUCTED BY A JUDGE OR JURY. Instead, both you and SenderMix have chosen to address claims and disputes through arbitration, as excepted in paragraph (a) above. Arbitration entails the absence of a judge or jury, and court scrutiny of an arbitration decision is confined.
- Class or Consolidated Actions Waiver. BOTH YOU AND SenderMix CONCUR TO FORGO ANY RIGHT TO RESOLVE CLAIMS ENCOMPASSED BY THIS ARBITRATION AGREEMENT THROUGH CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDINGS. ALL CLAIMS AND DISPUTES SUBJECT TO THIS ARBITRATION AGREEMENT MUST BE HANDLED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS CONTEXT. IT IS NOT PERMISSIBLE FOR CLAIMS FROM MULTIPLE CUSTOMERS OR USERS TO BE HANDLED TOGETHER IN ARBITRATION OR LITIGATION, OR TO BE CONSOLIDATED WITH CLAIMS FROM ANY OTHER CUSTOMER OR USER. In the event that the waiver of class or consolidated actions is adjudged unenforceable or invalid in relation to a specific claim or dispute, neither you nor SenderMix possesses the right to arbitrate that specific claim or dispute. In its place, such claims and disputes will be addressed within a court as delineated in the 'Exclusive Venue' section below.
- Opt-Out Choice. You hold the option to decline this Arbitration Agreement. By doing so, neither you nor SenderMix will be compelled to engage in arbitration due to this Agreement. To exercise this option, you need to inform SenderMix in writing within 30 days from the date you first became subject to this Arbitration Agreement. Your notification must include your name and address, your email address (if available), and a DISTINCT declaration expressing your wish to decline this Arbitration Agreement. Your opt-out communication must be forwarded to: [email protected]. Should you decide to decline this Arbitration Agreement, all other sections of this Agreement will remain applicable to you. Opting out of this Arbitration Agreement will not influence any other arbitration agreements you may have executed with us, or may enter into with us in the future.
- Survival. This Arbitration Agreement will persist even following the termination of your association with us.
- Modification. Regardless of any clause in the Agreement that may suggest otherwise, we acknowledge that if we introduce any substantial changes to this Arbitration Agreement in the future, those changes will not be applicable to any individual claim(s) for which you had previously notified us.
Within the boundaries allowed by this Agreement for court proceedings, both you and SenderMix consent that any claims and disputes arising from or linked to the Agreement will be exclusively litigated within the State of California, specifically in courts situated in San Francisco County, California, or in federal court for the Northern District of California.
Violation of Terms of Service and/or Acceptable Use Policy
Breach of any terms set forth in the TOS or any conditions stipulated in the AUP could lead to the suspension or termination of your account without prior notice. While SenderMix will make an effort to notify account holders of violations, such communication is not guaranteed, and in severe instances, termination will be immediate. SenderMix reserves the right to identify severe cases at its sole discretion.
In the event of your account suspension by SenderMix, the sale of your products and services (whether digital, tangible, or otherwise) will be immediately halted. Access to other aspects of the Service might also be restricted. If your account remains suspended for over 14 days, SenderMix retains the prerogative to delete your account.
SenderMix maintains the exclusive right, at its own discretion, to suspend your account at any time and for any reason. Membership fees will not be refunded in the event of account termination.
You are obligated to adhere to all relevant domestic and international laws, statutes, ordinances, and regulations pertaining to your utilization of the Service and Your Products. You are prohibited from assigning, transferring, or delegating this agreement, or any portion thereof. Any such assignment, transfer, or delegation will render this agreement void and ineffective.
Communications will be delivered through email to the email address provided during registration, or by means of a general announcement on the Service. It remains your duty to ensure the accuracy of your account's email address. SenderMix will not be held accountable for any losses arising from failure to receive a notification.
If any provision of this agreement is deemed invalid for any reason, the remaining provisions of the sections shall remain valid and enforceable.
Headings are included solely for reference and do not impact the interpretation of this agreement. This agreement will be governed by the laws of California in all aspects.
Updates to this agreement
This agreement may be periodically updated without prior notice to each Merchant or Affiliate.
We hold a deep regard for copyright and other intellectual property rights, and we anticipate that Users of our website and services (collectively referred to as the "Services") will do the same. In line with the United States Digital Millennium Copyright Act (the "DMCA") and other relevant laws, we maintain a policy of discontinuing, under appropriate circumstances and at our sole discretion, the Services' Users who are identified as repeat infringers. We may also, at our sole discretion, restrict access to the Services and terminate the accounts of any users who violate the intellectual property rights of others, regardless of whether such infringement is a repeat occurrence. Further information can be found in our TOS.
Notification of Alleged Copyright Infringement
If you believe that content accessible through our Services violates one or more of your copyrights, please promptly notify our Copyright Agent through mail, email, or faxed notice ('Notification'). This Notification, as outlined by DMCA 17 U.S.C. § 512(c)(3), should contain the following information. A duplicate of your Notification will be provided to the individual who posted or stored the material mentioned in the Notification. Please be aware that under federal law, making false statements in a Notification can lead to liability for damages. Therefore, if you are uncertain whether content on our Website that is linked to or accessible through it infringes your copyright, it's advisable to consider seeking legal counsel first.
All Notifications should include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- Information reasonably sufficient to permit us to contact the complaining party, such as the name, account name, address, telephone number, and e-mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Submit your notice to our designated DMCA agent by mail or email as at: [email protected]
Please be aware that you may face liability for damages, encompassing legal fees and court costs, if you knowingly misrepresent that content hosted on the Services constitutes copyright infringement.
Upon receipt of a valid notification alleging copyright infringement, we will promptly remove or disable access to the material in question and promptly inform the alleged infringer about your claim. Additionally, we will inform the alleged infringer about the DMCA's statutory counter-notification process, which is outlined below. This process allows the alleged infringer to respond to your claim and request the restoration of the material.
It's important to note that when we share your claim with the alleged infringer, this communication will include the personal information provided in your notification. The alleged infringer may use this information to directly contact you. Thus, by submitting a notification alleging copyright infringement, you implicitly consent to the disclosure of your information as mentioned above.
If you believe that your copyrighted material was mistakenly removed from the Services due to an error or misidentification, you have the option to send us a written counter-notification letter. For your counter-notification to be valid under the DMCA, your letter should contain the following elements:
- Identification of the content that was removed or disabled, along with the location where the content was accessible prior to its removal or disabling.
- A declaration that you accept the jurisdiction of the Federal District Court in the district where your address is situated, or, if your address is outside of the United States, the jurisdiction of any judicial district where SenderMix is located.
- A statement confirming your willingness to receive service of legal documents from either the party that submitted the Notification or the representative of that party.
- Your name, address and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
- You may submit your Counter Notification to our Copyright Agent by mail, or email as set above.
If you submit a valid, written Counter Notification that fulfills the aforementioned requirements, we will reinstate your removed or disabled content within 10 to 14 business days from the date we receive your Counter Notification. However, this restoration process will be expedited if we receive notice from the party that initiated the original Notification, informing us of a court action taken to prevent you from engaging in copyright-infringing activity associated with the material in question. It's important to understand that providing false information in your Counter Notification could result in liability for damages, including legal costs and attorney's fees. Filing a fraudulent Counter Notification constitutes perjury.