Last Updated: December 29, 2022
Welcome to Mellow!
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Intellectual Property Rights
This website contains valuable trademarks and service marks owned and used by Mellow. Any use of these Mellow marks without the prior written permission of Mellow is strictly prohibited. This website also contains material that is owned by or licensed to us, including, but not limited to, the design, layout, look, appearance and graphics. All trademarks reproduced in this website that are not the property of, or licensed to, Mellow are acknowledged on the website. This website may be used only as a personal shopping resource. ANY OTHER USE, INCLUDING THE COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THIS WEBSITE IS PROHIBITED. Reproduction of website content is prohibited in accordance with applicable copyright laws.
Notice to California Residents
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. Pursuant to California Civil Code Section 1789.3, Mellow provides users of this website with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
Disclaimer of Warranties
Mellow intends for the information and data contained on this website to be accurate and reliable. However, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose, and the information and materials are provided “AS IS” and “AS AVAILABLE”. You expressly agree that your use of this website and any information contained herein is at your sole risk. You acknowledge that such information and materials may contain inaccuracies or errors. Accordingly, to the extent permitted by applicable law, MELLOW EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions, so such disclaimers may not apply to you. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Limitation on Liability
IN NO EVENT WILL MELLOW OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, PARENT COMPANY, DISTRIBUTORS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION CONTAINED HEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF MELLOW HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through this website or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraph, if Mellow is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount that you paid to us in the twelve (12) months prior to the action giving rise to the liability, or (b) USD $500.
Dispute Resolution Through Arbitration
This is a binding legal agreement between you and Mellow. Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court.
By purchasing and using the product, you accept and agree to resolve any disputes through individual arbitration as described below, unless you opt out of this dispute resolution procedure within 30 days of purchase as described below.
You and Mellow agree that, except for disputes that qualify for small claims court, any disputes arising out of or relating to your purchase and use of your Mellow product or the condition or performance of your Mellow product, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding individual arbitration by a neutral arbitrator, instead of in court by a judge or jury. This applies to claims that may be asserted against Mellow, against any affiliate or employee of Mellow, or against any retailer from which you purchased your Mellow product, which shall be considered third-party beneficiaries of this agreement. You and Mellow agree that that any arbitration under this paragraph will take place on an individual basis, and mutually waive any right to sue in court, to have a trial by jury, and to bring or participate in a class action.
The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to their Streamlined Arbitration Rules & Procedures, which are available, together with instructions on bringing an arbitration, on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. JAMS arbitrations of consumer claims are subject to JAMS Consumer Arbitration Minimum Standards, which are available at http://www.jamsadr.com/consumer-minimum-standards. If you initiate arbitration against Mellow, the only fee for which you will be responsible is $250, which is less than most court filing fees; all other costs, including JAMS’s Case Management Fee and the arbitrator’s professional fees, will be borne by Mellow.
The arbitrator will have the authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement. The arbitrator will have the power to grant whatever relief would be available for your individual claim in a court under law or equity.
Please note that you have the right to opt out of this procedure for resolving any disputes through arbitration by opting out within 30 days of your purchase of the Mellow product. Opting out is at no penalty to you and you may retain and use your Mellow product. To opt out, please send an email to firstname.lastname@example.org or hard copy letter to 1951 Fairway Dr. Suite A, San Leandro, CA 94577 ATT: Customer Service, that includes your name, address, email address, phone number, proof of purchase including date of purchase, and the statement “Opt Out of Arbitration.”