1. Global Internet Disclaimer These Terms and Conditions govern

1. Global Internet Disclaimer These Terms and Conditions govern your access to
the www.MYX Fusion, LLC.com website (the “Site”) operated by Prize Logic, LLC
(“MYX Fusion, LLC”) and of any information, text, graphics, documents, collateral, or
other materials appearing on the Site (“Content”). By accessing or using the Site or
Content, you agree to be bound by these Terms and Conditions.
2. Modification. MYX Fusion, LLC reserves the right, at its sole discretion, to
modify, discontinue or terminate the Site or to modify these Terms and Conditions, at
any time and without prior notice. Modifications will become effective as soon as
they are posted on the Site. If the modified Terms and Conditions are not acceptable
to you, your only recourse is to cease using the Site.
3. Using the Content. You acknowledge and agree that the information and
materials presented on or through the Site will remain the property of MYX Fusion,
LLC and are protected by all applicable copyright, trademark, patent, and/or other
proprietary rights and related laws, rules and regulations such that MYX Fusion,
LLC’s rights are protected to the fullest extent provided by law. The materials
produced by MYX Fusion, LLC (including individual articles, blogs, photographs,
graphics, video and audio content) are protected by copyright as a collective work or
compilation under the copyright laws of the United States and other countries. You
agree to abide by all additional copyright notices or restrictions contained in any
materials produced by MYX Fusion, LLC.
You agree to use and distribute all Content, if at all, unmodified and as provided by
MYX Fusion, LLC and with all logos and copyright, trademark, trade name, service
mark, and other proprietary rights notices provided by MYX Fusion, LLC (the
“Marks”) intact and to not modify the Content, including but not limited to by
removing, altering, or adding any text, graphics, warranty statements, logos, or
Marks. You will not re-brand or co-brand the Content. You will not take any action in
derogation of MYX Fusion, LLC’s rights in the Marks, including but not limited to
applying to register any trademark, trade name, service mark, or other designation
that is confusingly similar to any Mark.
4. No Relationship. You will explicitly inform recipients of Content that your
distribution of Content in no way indicates that either MYX Fusion, LLC is
sponsoring, endorsing, or promoting you or your products or services and that you
are not affiliated with MYX Fusion, LLC. You understand and agree that you and
MYX Fusion, LLC (or any of its affiliates) have not entered into any partnership,
association, or joint venture.
5. Restrictions. Except as otherwise provided herein, all rights, title, and interest in
and to the Site and Content are and will remain the exclusive property of MYX
Fusion, LLC. The Site and Content are protected by copyright, trademark, and other
laws, regulations, and international treaties. Except explicitly permitted above, you
agree not to sell, copy, publish, distribute, transfer, modify, display, reproduce, or
create any derivative works from the Site and Content. MYX Fusion, LLC will have
the right to investigate and prosecute violations of any of the prohibitions and
restrictions described in these Terms and Conditions to the fullest extent of the law.
6. No Warranty. The Site and Content, including but not limited to text, graphics,
links and other items, has been prepared based upon sources, materials, and
systems believed to be reliable and accurate, and are provided to you on an “AS IS”
and “AS AVAILABLE” basis. MYX Fusion, LLC makes no representations, and
disclaim all express, implied, and statutory warranties of any kind to you or any third
party, including but not limited to representations and warranties regarding accuracy,
timeliness, completeness, merchantability, fitness for any particular purpose, noninfringement of third-party rights, and freedom from computer viruses.
The Site contains links to third-party websites or resources. You acknowledge and
agree that MYX Fusion, LLC is not responsible or liable for the availability, accuracy,
or content of such websites or resources. Links to such websites or resources do not
imply any endorsement by MYX Fusion, LLC.
7. Limitation of Liability. Neither MYX Fusion, LLC nor any of its affiliates,
directors, officers, employees or consultants are responsible or liable for any indirect,
incidental, consequential, special, exemplary, punitive or other damages under any
contract, negligence, strict liability or other theory arising out of or relating in any way
to the Site and/or materials contained on the Site, any linked website or any content
available through the Site. Your sole remedy for dissatisfaction with the Site, content,
services or any linked site is to stop your use of it.
8. General. The failure of MYX Fusion, LLC to enforce any right or provision of
these Terms and Conditions will not constitute a waiver of future enforcement of that
right or provision. The waiver of any such right or provision will be effective only if in
writing and signed by a duly authorized representative of MYX Fusion, LLC. Except
as expressly set forth in these Terms and Conditions, the exercise by either party of
any of its remedies under these Terms and Conditions will be without prejudice to its
other remedies under these Terms and Conditions or otherwise. If for any reason a
court of competent jurisdiction finds any provision of these Terms and Conditions
invalid or unenforceable, that provision will be enforced to the maximum extent
permissible and the other provisions of these Terms and Conditions will remain in full
force and effect. These Terms and Conditions shall be governed by the laws of the
State of Michigan. By accessing or using the Site or Content, you consent to the
personal jurisdiction of the applicable state or federal court closest to Southfield,
Michigan and that any and all disputes arising out of these Terms and Conditions
must be filed in that applicable state or federal court.
9. Mobile Messaging
MYX Fusion, LLC will offer Promotion Information at standard rate messaging
charges (maximum of 3 messages/month) to end users via SMS. To subscribe, end
users text in the keyword JOIN to 22639. For help, end users can text HELP to the
short code 22639. End users can text STOP, STOP ALL, END, QUIT, CANCEL or
UNSUBSCRIBE to opt out of the service.
Pricing: Message and Data Rates May Apply
Opt In/Opt-Out:
To opt-in for promotion information from MYX Fusion, LLC Text: JOIN To: 22639.
You will receive a maximum of 3 messages/month. To opt-out from MYX Fusion,
LLC Information, text STOP to stop all alerts
You will receive a maximum of 3 messages per month.
The following carriers are supported on the program.
AT&T, Verizon Wireless, Sprint, T-Mobile, Alltel, Boost Mobile, and Virgin Mobile.
For MYX Fusion, LLC Information Alerts support, text HELP to 22639 for help or call
888.795.6442. Text STOP to stop all alerts. Message and data rates may apply.
10. Contacting MYX Fusion, LLC. If you have any questions about these Terms
and Conditions, please contact MYX Fusion, LLC by mail at 424 West 33rd Street
#520 New York, NY 10001 or by email at [email protected]

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