Terms of service

LAST UPDATED: February 20, 2026

OVERVIEW

These Terms of Service (“Terms”) set forth a legally binding agreement between you (“User,” “you,” “your”) and Misen, Inc. (“Misen”, “we”, “our”, or “us”), and govern your use of any online service location that posts a link to these Terms, and all features, content, and other services that we own, control and make available through such online service location and the purchase and sale of any products and services through the Misen website (collectively, the “Service”).

In some instances, both these Terms and any separate terms posted elsewhere on the Service will apply to your use of the Service (“Additional Terms”). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.

By using the Service, including placing an order from our website, you agree to these Terms, and consent to our collection, use and disclosure practices, and other activities as described in our Privacy Policy. If you do not agree and consent, please discontinue your use of the Service.

SECTION 1 - SERVICE USE

CONTENT.

The Service contains: (i) materials and other items relating to Misen and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Misen; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Service and the Content is the property of Misen or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Any unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability

ACCOUNTS.

Certain features of the Service, including, without limitation, your purchase of Misen products and services, may require you to register by creating an account including with Shopify, Inc. the host of our online store. When registering an account or otherwise make a purchase, you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and update this information to keep it true, accurate, current, and complete; (iii) protect and prevent unauthorized access to your account; (iv) not transfer or share your account with any third party; and (v) immediately notify us of any suspected or actual unauthorized use of your account or breach of security. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.

PURCHASE; PRICES.

All orders you submit constitute an offer to purchase products and services selected by you as listed in your order. All orders must be accepted by us or we will not otherwise be obligated to sell you the products or services to you. We can elect not to accept any orders in our sole discretion. Upon receipt of an order for products or services, you will receive an order confirmation to the email address you entered during your purchase transaction. No order is formed unless and until you receive an order confirmation and have paid for your purchase.

All prices for products and services are subject to change without notice. The price you are charged for a product or service is the price in effect at the time you place your order. Prices listed on the website do not include taxes or fees for shipping and handling. Such items will be included in your order and will be added to your total purchase price.

Please click on these links for more information about Misen’s Return Policy, Shipping Policy, and Limited Lifetime Warranty Against Defects.

RESTRICTIONS.

By agreeing to these Terms, you represent that you are at least the age of majority in your country, state, or province of residence. If you are not of majority age you are prohibited from using the service.

You may not: (a) use the Service or Content for any political or commercial purpose; (b) engage in any activity in connection with the Service or Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Misen; (c) harvest any information from the Service or Content; (iv) reverse engineer or modify the Service or Content; (d) interfere with the proper operation of or any security measure used by the Service or Content; (e) infringe any intellectual property or other right of any third party; (f) use the Service or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; (g) use the Service for any unlawful purpose; (h) to solicit others to perform or participate in any unlawful acts; (i) violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (j) submit false or misleading information; (k) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (l) to collect or track the personal information of others; (m) to spam, phish, pharm, pretext, spider, crawl, or scrape; (n) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (o) otherwise violate these Terms or any applicable Additional Terms.

You agree to comply with all local, state, federal, national, foreign, supranational (e.g. European Union), and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Content.

AVAILABILITY.

Misen may suspend or terminate the availability of the Service (including any products or services offered for sale) and Content, in whole or in part, to any individual user or all users, for any reason, in Misen’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to any Service, or upon notice from Misen, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Content.

RESERVATION OF RIGHTS.

All rights not expressly granted to you are reserved by Misen and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Service for any purpose is prohibited.

COMMUNICATIONS.

E-mails: You can opt-out of receiving certain promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link, or by contacting us via email at privacy@misen.com with the word UNSUBSCRIBE in the subject field of the e-mail. Your opt-out will not affect non-promotional or Service-related e-mails, such as those about your account, transactions, servicing, or Misen’s ongoing business relations.

SECTION 2 – COPYRIGHT INFRINGEMENT

DMCA NOTIFICATION.

Misen responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide our designated agent with the following written information:

A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
Identification of the copyrighted work claimed to have been infringed;
Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
Your contact information, including your address, telephone number, and an e-mail address;
A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent is:

Misen Inc.

Attention: DMCA Agent
196 Utica Ave #1108
Brooklyn, NY 11213

dmca@misen.com

You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp.

We will respond to notifications of claimed copyright infringement in accordance with the DMCA.

COUNTER NOTIFICATION.

If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:

A physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which Misen may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

We will respond to counter notifications in accordance with the DMCA.

SECTION 3 - ACCURACY, COMPLETENESS AND CHANGES TO THE SERVICE

We are not responsible if information made available on this site is not accurate, complete, or current. Any reliance on the material on this site is at your own risk.

We do our best to describe every product or service offered on our Service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. For example, we have made every effort to display as accurately as possible the colors and images of our products, but cannot guarantee that your Device's display of any color will be accurate.

Occasionally, there may be information posted on our website or in the Service that contains inadvertent typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) at any time without notice or liability. All physical products purchased from the Service are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

For any purchases made through third party platform providers, such as Amazon, please contact their customer support. Their terms, conditions, and policies, and not ours, apply and we do not handle returns or refund requests for any purchases made through those third party platform providers.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction (“Cancellation”). We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. If we charged your credit card or other account prior to our Cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product you purchased from us is not as described, your sole remedy is to cancel the purchase and receive a credit for the purchase price. We reserve the right to discontinue any product at any time without notice or liability. Any offer for any product made on this site is void where prohibited.

SECTION 4 - BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You may not hold yourself out as an agent or authorized representative of Misen. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Misen retains the right to suspend or terminate your account if you fail to provide us with required information and materials or if you provide inaccurate or fraudulent information.

For more detail, please review our Return Policy.

SECTION 5 – THIRD-PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 6 - THIRD-PARTY LINKS

Certain content, products, hyperlinks, locations, platforms, and services available via our Service may include materials from third parties. We may also integrate third party technologies into our Service and host our content on Third Party Services. These Third Party Services are not owned, controlled, or operated by Misen, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk. For more information on Third Party Services, see our Privacy Policy.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.

SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

When you submit any unsolicited ideas, feedback, opinions, techniques, images, sounds, videos, or other content to us through or relating to the Service (“Submissions”), you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.

You understand that you will not receive any fees, sums, consideration, discounts, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions.

You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submission and remain responsible for them.

You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

GOVERNING LAW; CLASS ACTION WAIVER, AND AGREEMENT TO ARBITRATE DISPUTES

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of laws principles. Except as provided, any claim, dispute or controversy arising from or relating to the Terms of Service or the relationships which results from these Terms of Service (“Claim”) shall be decided by binding arbitration in New York, New York in accordance with the provisions of the Federal Arbitration Act, 9 U.S.C. §§1-16, as amended (the “Federal Arbitration Act”), to the exclusion of state laws inconsistent therewith. It is the intent of you and Company to require Claims to be submitted to arbitration on an individual basis only. CLAIMS SUBJECT TO THIS ARBITRATION PROVISION MAY NOT BE JOINED OR CONSOLIDATED IN ARBITRATION WITH ANY CLAIM OF ANY OTHER PERSON OR BE ARBITRATED ON A CLASS BASIS, IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ON BEHALF OF ANY OTHER PERSON, UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING.

The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (“Rules”), except to the extent they conflict with the express provisions of this paragraph. A single independent arbitrator shall conduct the arbitration. The parties shall endeavor to select the independent arbitrator by mutual agreement. If such agreement cannot be reached within thirty (30) days after a dispute has arisen which is to be decided by arbitration, the selection of the arbitrator shall be made in accordance with the Rules as then in effect. The arbitrator may, in his/her discretion, award to any party specific performance or injunctive relief (the foregoing is not intended to limit Company’s access to the courts to the extent provided below). The arbitrator may not change, modify, or alter any express condition, term, or provision of this Agreement or the extent the scope of their authority is expressly limited. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding upon the parties and no appeal of any kind may be taken. Judgment may be entered thereon in any court having jurisdiction thereof. Each party shall be entitled to inspect and obtain a copy of non-privileged relevant documents in the possession or control of the other party. All such discovery shall be in accordance with procedures approved by the arbitrator. Unless otherwise provided in the award, each party shall bear its own costs of discovery. The parties shall bear equally the cost of the arbitration, except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator. The statute of limitations applicable under New York law to the commencement of a lawsuit shall apply to the commencement of arbitration hereunder. Anything in the foregoing paragraph to the contrary notwithstanding, Company may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of this Agreement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION. ARBITRATION PROCEDURES ARE TYPICALLY MORE LIMITED, MORE EFFICIENT AND LESS COSTLY THAN RULES APPLICABLE IN COURT AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND MISEN IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU AND MISEN WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

SECTION 8 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.

EXCEPT AS MAY BE EXPRESSLY STATED IN OUR LIMITED PRODUCT WARRANTY WITH RESPECT TO AN APPLICABLE PRODUCT PURCHASED FROM MISEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MISEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO MISEN’S PRODUCTS AND SERVICES. THE SERVICE AND ALL PRODUCTS ARE PROVIDED TO YOU ON AN "AS IS," BASIS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MISEN EXPRESSLY DISCLAIMS ALL LIABILITY FOR CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR MISAPPROPRIATION. EXCEPT AS MAY EXPRESSLY BE STATED IN OUR LIMITED PRODUCT WARRANTY WITH RESPECT TO AN APPLICABLE PRODUCT PURCHASED FROM US, MISEN MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY- FEDERAL TRADE COMMISSION IMPROVEMENT ACT. YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, USE, AND STORAGE OF THE PRODUCTS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SERVICES.

NEITHER MISEN NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

LIMITATIONS OF OUR LIABILITY.

THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PRODUCTS OR SERVICES REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS OR (C) YOUR USE OR MISUSE OF THE SERVICE INCLUDING ANY PRODUCTS OR SERVICES OFFERED FOR SALE, PURCHASED BY YOU, POSTED, OR DEPICTED THEREIN OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD PARTY MERCHANTS, OR FOR ANY INFORMATION APPEARING ON ANY THIRD PARTY SITES OR ANY OTHER SITE LINKED OR LINKING TO OUR SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MISEN, AND ITS REPRESENTATIVES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICE OR ANY MISEN PRODUCTS WILL NOT EXCEED THE AMOUNT PAID FOR THE SPECIFIC SERVICE OR PRODUCT TO WHICH THE CLAIM RELATES. IF A CLAIM DOES NOT RELATE TO A SPECIFIC SERVICE OR PRODUCT, THE AGGREGATE LIABILITY SHALL BE FIXED AT $100.00. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE MATERIAL ELEMENTS OF THE BASIS OF ANY AGREEMENT OR BARGAIN BETWEEN MISEN AND YOU AND WILL APPLY EVENT IF A REMEDY FAILS OR DOES NOT MEET ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATIONS SHALL CONSTITUTE MISEN’S SOLE LIABILITY AND OBLIGATION REGARDLESS OF THE FORM OF ACTION BROUGHT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY MISEN OR A LICENSOR OF MISEN.

You acknowledge and agree that your purchase of Misen products or Services from the Service is for your personal use and not for export or resale.

SECTION 9 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Misen and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any and all claims, liabilities, damages, losses, costs and (including reasonable attorneys’ fees) arising out of or in connection with (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. Misen reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Misen’s defense of any claim. You will not in any event settle any claim without our prior written consent.

This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.

SECTION 10 – SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full terms. Misen may assign its rights and obligations under these terms and any applicable additional terms, in whole or in part, to any party at any time without any notice. These terms and any applicable additional terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of company.

SECTION 11 - TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. Upon suspension or termination of your access to the Service, or upon notice from Misen, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Content.

SECTION 12 – SURVIVAL

The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Service, including sections on Service Use (except for the limited license), Submissions, Copyright Infringement, Accuracy, Completeness, Changes to Service, Customer Support, Third Party Tools and Third Party Services, Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, General Provisions, and any other provisions which by their nature should survive termination, will survive.

SECTION 13 - ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on this site or in respect to the Service, including the Limited Lifetime Warranty Against Defects, constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, representations, warranties, assurances, or discussions, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Misen in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

SECTION 14 - GENERAL PROVISIONS

A. International Issues.

Misen controls and operates the Service from the U.S., and Misen makes no representation that the Service is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service. Software related to or made available by the Service may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

B. Investigations; Cooperation with Law Enforcement.

Misen reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. Misen may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.

C. California Consumer Rights and Notices.

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: https://www.dca.ca.gov.

D. Terms Applicable for Apple iOS.

If you are using the Service through an Apple Device, the following terms apply:

(i) To the extent that you are accessing the Service through an Apple Device, you acknowledge that these Terms are entered into between you and Misen and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.

(ii) The license granted to you in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service.

(iii) You acknowledge that Misen, and not Apple, is responsible for providing the Service and Content thereof.

(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.

(v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.

(vi) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Misen, Misen, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (a) product liability claims; (b) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

(vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

(ix) When using the Service, you agree to comply with any and all third party terms that are applicable to any platform, website, technology or service that interacts with the Service.

SECTION 15 - CHANGES TO TERMS

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates wherever these Term apply. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 16 - CONTACT INFORMATION

If you have any questions or comments, please send an e-mail to us at hello@misen.com. You acknowledge that the provision of support is at Misen’s sole discretion and that we have no obligation to provide you with customer support of any kind.. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. All legal notices to us must be mailed to:

Misen Inc.

196 Utica Ave #1108

Brooklyn, NY 11213 USA

SECTION 17 - UGC CONTENT & LIKENESS AUTHORIZATION

As part of its social media activities, Misen engages with social media users and seeks their permission to reproduce, republish, repost, and/or otherwise use certain images, videos, photographs, creative works, captions, phrases, taglines, hashtags, social media handle(s) and/or username(s), URL(s), and other content (collectively, “User Generated Content” or “UGC” for short) as well as any legal name, alias, image, silhouette, appearance, likeness (actual or simulated), actions, performance, location and other identifying information, including but not limited to voice (with the right to “dub” the voice of another), and other reproductions of physical likeness and biographical information appearing in or used in connection with the UGC (collectively, “Likeness”) on its social media page(s), website(s), mobile application(s), and/or marketing and advertising materials and executions (collectively, “Platforms”). You are reading this because Misen has requested your permission to use your UGC on its Platforms.

This Waiver and Release from Liability and Authorization to Use Likeness and User Generated Content (“Authorization”) constitutes a legal and binding agreement between you and Misen. For good and valuable consideration, including promotional consideration which may derive from the publication of the User Generated Content and/or Likeness, the receipt and sufficiency of which is hereby acknowledged and agreed to by you and Misen, and by replying to our message with “#yestoMisen” or with another phrase as indicated by us, or by sending UGC to the email address we identify in our communication(s), you knowingly and freely acknowledge and agree to all of the terms of this Authorization on behalf of yourself, your representatives (legal or otherwise), your executors, administrators, heirs, beneficiaries, spouse, guardians, relatives, next of kin, successors and assigns. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AUTHORIZATION, DO NOT REPLY TO OUR COMMUNICATION(S) OR SEND US ANY CONTENT.

Misen reserves the right to alter this Authorization without advance notice to you. Review the Authorization each time you grant permission or authorization to Misen to use any UGC and/or Likeness.

You hereby grant to Misen and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully-paid, non-exclusive, transferable, sublicensable, assignable right, license, and permission to use, display, reproduce, distribute, transmit, modify, incorporate into a larger work, create derivative works from, combine with other materials, alter, edit, adapt, blur, distort, change, delete from, add to, or otherwise manipulate your UGC and Likeness in any manner determined in the Licensed Parties’ sole discretion, including but not limited to on the Platforms, and in any media now existing or hereinafter known without any attribution, obligation, or notice to you or the need to seek any further consent from you. You acknowledge that Misen has no obligation to use the Likeness or UGC and may remove the Likeness or UGC at any time. You hereby waive all rights to inspect or approve any editorial text, copy, or any other material that is used in connection with your Likeness or the UGC.

You hereby agree, represent, and warrant that (i) you are the sole author and creator of, and/or appear in the UGC and you own all rights, title, and interest in and to the UGC and Likeness and/or have obtained appropriate rights and permissions from any and all other persons or entities who appear in or otherwise claim any right in or to such UGC or Likeness; (ii) you and any and all other persons who appear in or otherwise claim any right in or to such UGC or Likeness are at least 18 years old or the age of majority in your place of residence, whichever is older; (iii) the Licensed Parties’ use of the UGC or Likeness as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule, or regulation; and (iv) the UGC or Likeness is not libelous, defamatory, obscene, pornographic, abusive, or otherwise unlawful or offensive.

You HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE from any and all claims, liability, causes of action, compensation, fees, damages, suits, demands, judgments, losses, and/or costs and expenses (including attorneys’ fees) of any kind or nature, whatsoever, in law, equity, or otherwise, that you ever had, now have, or in the future may have against the Licensed Parties including, but not limited to, defamation, invasion of privacy, publicity, or for any similar matter, death, personal injury, sickness, loss of services, as well as property or reputational damage, and expenses of any nature whatsoever, which may be incurred by you in connection with the use of the UGC or Likeness, even if arising from the negligence of the Licensed Parties. You AGREE NOT TO SUE any of the Licensed Parties for any of the claims or liabilities that you have waived, released, or discharged herein. You hereby INDEMNIFY, DEFEND, AND HOLD HARMLESS the Licensed Parties from any claims made or liabilities assessed against them as a result of the use of the UGC and/or Likeness. You specifically understand that you are releasing, discharging, and waiving any claims or actions that you may have presently or in the future for the negligent acts or other conduct by the Licensed Parties relating to this Authorization. You acknowledge and agree that you shall not have, and hereby waive, the right to terminate or rescind this Authorization, or to enjoin or restrain the use of the Likeness or the UGC.

You acknowledge and agree that you do not acquire any ownership or other right in or to any information or property of Misen by agreeing to this Authorization.

This Authorization is personal to you and may not be assigned or transferred by you for any reason whatsoever without Misen’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect. This Authorization shall be subject to the Terms of Service set forth on https://misen.com/policies/terms-of-service, which shall be made a part of this Authorization. In the event of a conflict between this Authorization and the Terms of Service, the Terms of Service shall control.

SECTION 18 - OTHER TERMS

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Service.

You may only transfer your rights or your obligations under these Terms of Service to another person if we agree in writing.

We contract with Passport Global together with its subsidiaries (referred to as “Passport Global”) to sell and deliver our products to international consumers.

If your order is shipping to Canada where our international shipping is supported by Passport Global, additional terms and conditions here may apply to you in addition to any relevant terms and conditions imposed in this Terms of Service.

Under no circumstances shall Misen be held liable for any delay or failure or disruption of the content or services delivered through the Service resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders any other causes not within its control and which, by the exercise of reasonable diligence, it is unable to prevent.

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