Terms of Use

Acceptance and Modification of these Terms of Use. Your access and use of any Site, mobile site, Facebook site, Twitter page, Instagram platform or other social media channel owned and/or operated by Milk Mustache, LLC (“Milk Mustache”, “we”, “us”, “our”, and “company”), which includes Milk Mustache’s affiliated companies, now or in the future (collectively and individually, the “Site”) are governed by these terms of use (these “Terms of Use”) by accessing, browsing and/or using our Site, including any content, functionality and services offered on or through the “site”, whether as a guest or a registered user. You acknowledge that you have read, understood and accepted, without reservation, these Terms of Use, as modified from time to time by us. Please read the Terms of Use carefully before you start to use of our site. If you do not agree to these Terms of Use, do not use the Site.

We reserve the right, at our discretion, to change, modify, add, update, or remove portions of these Terms of Use at any time. All changes are effective immediately when we post them, and apply to all access to and use of the site. If we decide to modify our Terms of Use, we will post a new version on the Site. It is your responsibility to review these Terms of Use when you access the site so you are aware of any changes. If at any time you find these Terms of Use unacceptable, you should exit and cease all use of the site. Your continued use of the Site signifies that you agree to be bound by these Terms of Use as they are amended.

Copyright, Intellectual Property, and Trademark. The site and namely but not exclusively its entire contents, features, functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the exclusive property of and owned by Milk Mustache LLC or its affiliated companies, licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws which exist under applicable law.

These Terms of Use permit you to use the site for your personal, non-commercial use only. Nothing contained on our Site shall be interpreted or construed as granting you a license or a right to use any such content of our Site.

All of the content made available through the Site, including, but not limited to, all text and images (“Content”), and all software used to make the Site available are and shall remain the property of Milk Mustache and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as otherwise expressly authorized here and otherwise in writing in advance by Milk Mustache, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Services, all or any part of the Site, or any Content made available through the Site.

The Milk Mustache name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of Milk Mustache or its affiliates or licensors. You must not use such marks without the prior written permission of Milk Mustache. All other names, logos, product and service names, designs and slogans on the site are the trademarks of their respective owners.

Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Milk Mustache or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by Milk Mustache, whether registered or unregistered, may not be used in connection with any product or service that is not Milk Mustache’s. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Milk Mustache’s trade names, trademarks or service marks without our express prior written consent. Milk Mustache will enforce its intellectual property rights to the fullest extent of the law.

Use of the Site. You may access, copy, download or print the content of our Site solely for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary rights notice contained in any information or other material you access, copy, download or print. Any other use of content on the Site, including but not limited to the reproduction, modification, distribution, transmission, or broadcast of the content of the Site, in whole or in part and by any means, is strictly prohibited. Milk Mustache or its licensors or content providers retain full and complete title to the content provided on the site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Milk Mustache’s sole discretion. Milk Mustache neither warrants nor represents that your use of any content displayed on the Site will not infringe rights of third parties. You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading or printing any content made available on or accessed through the Site. You hereby covenant and agree that your use of the Site and any permitted use of such content shall not infringe any rights of any third parties.

If you wish to make any use of material on the site other than that set out in this section, please address your request to info@themilkmustache.com.

Username/Password/Profile Security. We reserve the right to withdraw or amend the Site, and any feature, product, service or material on 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.

If you chose to create an account, you must be at least eighteen (18) years old to create a username and password. You agree that all information you provide to create an account on the Site is correct, current and complete. In such event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By registering, you may agree to receive communications and promotional materials from Milk Mustache and its affiliated entities

Milk Mustache implements security measures to help protect User Contributions from security attacks and breaches. However, you understand that use of the Site and its features (including but not limited to the Interactive Features) necessarily involves transmission and storage of your data and User Contributions over networks that are not owned, operated or controlled by us, and we are not responsible for any of your User Contributions that are lost, altered, intercepted or stored across such networks. We cannot guarantee that our security procedures will be error- free, that transmissions of your User Contributions will always be secure, or that unauthorized third parties will never be able to defeat our security measures or those of our third-party service providers.

Information on the Site and Information Deemed Non-Confidential. The information on the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

You acknowledge that you are responsible for any material you may submit via the Site or otherwise through the internet to Milk Mustache, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site or otherwise communicate to Milk Mustache through the internet any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam”. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.

If you do submit material, and unless we indicate otherwise, you grant Milk Mustache and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub- licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Milk Mustache is free to use any ideas, concepts, and know-how that you or individuals acting on your behalf provide to Milk Mustache. You grant Milk Mustache and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via the Site will be handled in accordance with the site’s online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Milk Mustache for all claims resulting from content you supply.

If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Milk Mustache under any fiduciary or other obligation.

Rules for Using the Site. You are responsible for the following below:

• You will not knowingly provide or post any false, misleading, or fraudulent information.
• You will not use the Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
• You will not impersonate or attempt to impersonate Milk Mustache, a Milk Mustache employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen
• All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party.
• Information provided or posted by you will not violate the trade secret rights of any third party.
• Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
• You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.
• You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
• You will not use the Site to transmit any spyware, virus or similar destructive program or code.
• You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
• You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.

Site Access. We reserve the right to discontinue, withdraw or amend the Site, and any feature, product, service or material we provide on 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, to users, including registered users. We may discontinue all or part of the Site at any time, in our sole discretion. Milk Mustache may block or limit your access to the Site, with or without notice to you, and without liability to you, if: (a) you violate these Terms of Use; (b) you violate any applicable law or regulation relating to your use of the Site; (c) you engage in any conduct which Milk Mustache, in its sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to Milk Mustache or others. To ensure that we provide a high quality experience for you and for other users of the Site, you agree that we and/or our representatives may access and/or review information provided when you comment on the Site on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site.

Change of Information, Availability of Products / Services. The products displayed on the Site may be available on our Site for purchase, and may also be available in select third party retail locations. The products and prices displayed on the Site are subject to change at any time with or without notice. The prices or items in any particular third party store may be different from those appearing on the Site, and the in-store information and availability controls over any conflicting information at the Site. Your placement of an order through the Site constitutes your offer to purchase the items selected by you. Milk Mustache may accept or reject your offer, and your offer is not accepted by Milk Mustache until Milk Mustache ships your order.

You will not use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. Milk Mustache makes no guarantee that information on the Site is error-free, complete or current. Milk Mustache reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, Milk Mustache may decline your offer or Milk Mustache may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.

In connection with placing an order, you may be asked by Milk Mustache or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide Milk Mustache or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.

Links. As a service to our visitors, our Site may contain hypertext links leading to other sites that are not operated or controlled by Milk Mustache. However, even if such third parties are affiliated with Milk Mustache, Milk Mustache has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Milk Mustache. Milk Mustache is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.

Disclaimer of Warranties. YOUR USE OF THE SITE, ITS CONTENT ANDY ANY SERVICES VIA THE SITE IS AT YOUR OWN RISK AND YOU ASSUME THE RISK OF AND ALL DAMAGES OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE SITE. ANY AND ALL MATERIAL, INFORMATION AND ALL OTHER CONTENT ON THE SITE ARE FURNISHED TO YOU “AS IS” AND WITHOUT ANY WARRANTIES OR GUARANTY OF ANY SORT, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MILK MUSTACHE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
MILK MUSTACHE DOES NOT GUARANTEE THAT THE SITE OR ITS CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, MEET YOUR REQUIREMENTS OR WILL NOT BE INTERRUPTED, TIMELY, SECURE OR FREE OF ERROR. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SITE IS TO REFRAIN FROM USING THE SITE.

SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

MILK MUSTACHE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

ARBITRATION NOTICE. Note that these terms provide for binding arbitration in disputes, controversies, or claims (collectively “Disputes”) arising between you and Milk Mustache that limit the remedies available to you in the event of a Dispute. Please review the section below entitled Arbitration and if you do not agree with it, you must not access or use the site.

The site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the site.

Limitation of Liability. YOU RECOGNIZE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MILK MUSTACHE, ITS AFFILIATES OR SUBSIDIARIES, SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, LICENSORS, AGENTS OR ANY OTHER THIRD PARTIES MENTIONED ON THE SITE OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY MILK MUSTACHE), UNDER ANY LEGAL THEORY, ARISING FROM OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE, THE SITE OR ITS CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR SITE ARE AT YOUR OWN RISK AND PERIL. MILK MUSTACHE ASSUMES NO LIABILITY FOR ANY DAMAGE OR VIRUS WHICH COULD AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BY REASON OF YOUR ACCESS TO, USE OR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR FOR ANY ILLEGAL INTRUSION OR INTERVENTION IN THE IT SYSTEMS.

MILK MUSTACHE RESERVES THE RIGHT TO INTERRUPT OR DISCONTINUE ANY OR ALL OF THE FUNCTIONALITY OF ITS SITE. MILK MUSTACHE ACCEPTS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY INTERRUPTION OR DISCONTINUANCE OF ANY OR ALL FUNCTIONALITY OF THE SITE RESULTING FROM ACTIONS OR OMISSIONS OF MILK MUSTACHE OR ANY THIRD PARTY.

IN NO EVENT WILL THE TOTAL LIABILITY OF MILK MUSTACHE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS ARISING

OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED FIVE HUNDRED DOLLARS ($500). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification. You agree to defend, indemnify and hold harmless Milk Mustache, its affiliates, licensors and service providers, and its directors, officers, employees, consultants, representatives, and agents from and against any and all claims, losses, liability, damages, costs and/or expenses (including reasonable attorney fees and costs) arising from and related to: your use of the Site; any material you transmit using the Site; or your violation, breach or alleged violation or breach of these Terms of Use.

Governing Law and Jurisdiction. All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Austin and County of Travis, although we retain the right (in our sole and absolute discretion, which may be withheld, conditioned, or delayed) to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration. The site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the site.

At Milk Mustache’s sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use via the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

Miscellaneous. You agree that in the event you have or may have any alleged claim against Milk Mustache or any of Milk Mustache vendors, contractors, licensees, or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, attorney’s fees in relation to any claim you have or may have against Milk Mustache or its vendors or licensors.

These Terms of Use and the Privacy Policy embody the entire agreement concluded between Milk Mustache and yourself concerning the access and the use of the Site and its content.

Any other terms or conditions issued by Milk Mustache and governing its relations with you, in particular relating to any service or purchase of product, shall supplement these Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.

The fact that Milk Mustache tolerates a violation by yourself of one of the obligations set out in these Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.

In the event that any provision of these Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of these Terms of Use maintaining full force and effect between yourself and Milk Mustache.

The headings of the provisions of these Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Milk Mustache prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. Milk Mustache may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Termination. These Terms of Use shall remain effective until terminated as outlined herein. You agree that Milk Mustache in its sole discretion may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. In such event and with respect to any use of the Site on a mobile device, you must immediately remove the Site from your mobile device, including all component parts. You agree that any actions taken under this Section may be effective without prior notice to you.

Promotions. Milk Mustache may periodically offer marketing promotions, including but not limited to discount codes, coupons, price reductions, sweepstakes, contests, surveys, challenges, activities, or similar (collectively, “Promotions”). Any promotions made available through the Site may be governed by specific rules that are separate from these Terms of Use. By participating in any such promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Milk Mustache urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities.

Claims of Copyright Infringement. 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) may send to Milk Mustache a written notice by mail or e-mail, requesting that Milk Mustache remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Milk Mustache a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.