Terms and Conditions - Mach 5 Energy Drinks

 

Welcome to Mach 5 Energy.com.  By using the Mach 5™ service (“Services”), you agree to be subject to the following terms of service (“Terms”) and enter into an agreement with Mach 5, Inc. and its internet platform www.Mach5Energy.com (“Mach 5™).

The following General Terms of Service (“Terms”) shall apply exclusively to the business relationship between Mach 5™ (“Mach 5™”), its internet platform www.Mach5Energy.com (“the Website”) and our users. By using the Website, the user accepts the following General Terms and Conditions, as well as the manner in which the Website operates as described on the Website.

Promotions. Any special promotions run by Mach 5™ shall only be valid if they are announced on the Website or in its corresponding email newsletter and only for the limited time announced.

Acceptance of Terms and Conditions

You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Mach 5, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

You signify your acceptance of the Terms and Conditions by any one of the following methods;

 

1. Registering as a user for Mach 5 and checking the “I accept the Terms and Conditions” box.

2.  Your use of the Mach 5 website.

 

Registration and Eligibility

Each user may register only once using their postal address. Registration using Post Office Boxes or equivalents is not permitted. Only one registered user per household is permitted. Ip's are logged with each purchase and registration and will be vetted from time to time.

 

In order to access the Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services.  You agree that any registration information you give to Mach 5™ will always be accurate, correct and up to date.

 

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service and that your user account may be used only by you and not anyone else.  Accordingly, you agree that you will be solely responsible to Mach 5™ for all activities that occur under your account.  User accounts created during registration are non-transferable.

Shipping and Delivery

All items purchased from Mach 5.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery of the item to the carrier immediately upon shipment of the item. Unless otherwise stated, delivery will be made directly from  our warehouse to the shipping address provided by you.

You acknowledge that delivery times will vary and any delivery time indicated is provided only as a guide and is not guaranteed.  Please contact our service department at shipping@Mach 5.com if an item is not delivered within the indicated time so that we can work with you to address the issue.  Mach 5 shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer.  Obvious damage to the item from transport or packaging damaged during transport is to be reported to Mach 5 upon taking delivery.

Should Mach 5 not be able to deliver the item ordered, Mach 5 shall be entitled to substitute the item with a comparable replacement product with the similar  

Cancellations Returns and Refunds

Mach 5.com™ grants purchasers the right to cancel a purchase for a full refund anytime before the item is shipped.  Once an item is shipped we offer a full refund, less shipping charges within 14 days of delivery of an item on any non-perishable item, even if the goods are not defective in any way. Perishable items, once shipped, are not returnable. Mach 5 will refund you the amount that you paid for the item as well as delivery costs if the following conditions are met: 

 

1.            The item must be returned to Mach 5.

2.            The item is still in its original packaging, unopened.

3.            The item is undamaged and unused.

4.            The product was purchased on the Mach 5.com website or directly from Mach 5, items purchased from a retail partner must be returned directly to that partner.

 


The cost of return shipping costs are not refundable under any circumstances. Additionally, should Mach 5 incur any costs relating to the return of an item, whether it be irregular shipping methods, items arriving with postage due, or any other cost, these costs will be deducted from any refund payment due.
If a purchaser wishes to cancel the contract within the fourteen-day period, they must inform Mach 5™ by sending an email to: returns@mach5energy.com. Each email must obtain the following information: Purchasers name, address, telephone number, original PO or order #, method of payment, and reason for return. Once your email is received and processed purchaser will receive a return authorization number, which must be displayed on the outside of the returned package. Items received without a return authorization number displayed prominently on the outside of the package will not be accepted for delivery. 

Address mail cancellation requests to:
Pure Life Enterprises, LLC Dba Mach 5; 
382 NE 191st street, Miami FL, 33179

Disclaimer of Warranty and Limitation of Liabilities

User expressly agrees that use of the Website is at user's sole risk. Neither Mach 5™, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website.

 The Website is provided on an "as is" basis. To the maximum extent permitted by law, Mach 5™ disclaims all representations and warranties, express or implied, with respect to any information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. In addition, Mach 5™ does not represent or warrant that the information accessible via the site is accurate, complete or current. We are not responsible for typographical errors.

 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, server failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that Mach 5™ is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.

 In no event will Mach 5 be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website. User hereby acknowledges that the provisions of this section shall apply to all content on the Website.

 In addition to the terms set forth above, neither Mach 5™, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained in the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither Mach 5™, its affiliates, information providers nor content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

 

Except for the warranties set forth above, Mach 5™ makes no other warranties, either express or implied, with respect to the products, or any related services performed by Mach 5™ or any of its agents or subcontractors in connection with any order, including, without limitation, any warranties of fitness for a particular purpose, which other warranties are expressly excluded and disclaimed.

Mach 5™ shall not be liable for personal injury and property damage resulting from the improper handling, modification or misuse of the products by the  purchaser or any other person following delivery by Mach 5™. In no event shall Mach 5™ be liable to any person for incidental or consequential, or physical damages relating to the products, including but not limited to loss of profits or goodwill, loss-of-use damages or additional expenses incurred, whether pursuant to a claim in contract, tort or otherwise and whether in an action for breach of warranty or otherwise.

Mach 5 reserves the right to correct any errors, inaccuracies, or omissions that may relate to product pricing, descriptions, and availability and to change or updated information at any time without prior notice, before, during, or after an auction or order is completed. Should any product offered by Mach 5  not be as described your sole remedy will be to return it in unused condition pursuant to the return policy outlined in this document.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MACH 5, ITS AFFILIATES, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE . MACH 5, ITS AFFILIATES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM MACH 5 ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.  IN ADDITION, MACH 5 DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT.

 LIABILITY LIMITATION

YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, MACH 5, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS OR GOODWILL, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

 NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO MACH 5 FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO MACH 5 IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Claims by Users

Mach 5™, in good faith, shall make every effort to bring disputes that may arise to a fair and reasonable conclusion. Mach 5™ expects the same from its users. If a user does not make an attempt to resolve a dispute before initiating a claim procedure, their account will be deactivated immediately. If you have any questions regarding an invoice, receipt or a payment made, please contact the Website Customer Service by sending an e-mail to: support@mach5energy.com.

 

Intellectual Property

The mark Mach 5™ and Mach 5™'s logos and design marks are trademarks of Mach 5™, or one of its parent companies, subsidiaries or affiliates. All rights with respect to those marks are reserved. All other trademarks appearing on the Website are the property of their respective owners. Mach 5™ claims copyrights in all content of this site. The compilation of all content on this site is the exclusive property of Pure Life Enterprises, LLC and protected by U.S. and international copyrights.

Certain artwork contained on this website and in our print and advertising materials has been provide through a royalty-free liscence. Specifically the "fire and ice" fists were created by an unknown party named _platimun and have been modified to fit our needs in all mediums as allowed by liscence 3.0. 

DMCA Policy

If you are notifying Mach 5 of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:

 

1.            A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;

2.            A description of the allegedly infringing material and information sufficient to permit us to locate the material;

3.            Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;

4.            A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and

5.            A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

Designated Agent for Notification of Claimed Copyright Infringement:

Pure Life Enterprises, LLC Dba Mach 5
382 NE 191st St
Miami FL, 33179

We will terminate the privileges of any user who uses the Mach 5 sites unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.

Support for Products Purchased

All requests for technical service and support relating to products purchased on the Website should be made directly to the manufacturer in accordance with their terms and conditions.

 

Applicable Law / Severability Clause

This Terms of Service Agreement and your use of the website shall be governed by the laws of the State of Florida. Any legal action or proceeding related to this website may be brought exclusively in Civil court in Pinellas County, FL. The UN Convention on the International Sale of Goods shall not apply.

Protection of Data

The protection of your data is very important to us. For more information on the collection, processing, and use of personal data, please read our privacy policy located elsewhere on our website.

External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the Mach 5™ website. We cannot take any responsibility for the content of or the data protection and privacy practices of third-party websites.

 

General Information

The contract between Mach 5™ and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms or any of their rights or obligations without Mach 5™’s prior written consent.

 Mach 5™ has the right to revise and amend these General Terms from time to time in its absolute discretion, including but not limited in response to changes in market conditions affecting Mach 5™’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Mach 5™’s system capabilities.

All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the Website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or Mach 5™ notifies its users of the changes to such policies or General Terms before Mach 5™ sends information relating to delivery (in which case Mach 5™ has the right to assume that all customers have accepted the changes to the terms and conditions unless notified to the contrary within 7 working days by the user of the items).

This Agreement and any operating rules for the Website established by Mach 5™ constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience