Terms of Service | Middleton Mixology

Last updated: October 3, 2025
Doing Business As: "Middleton Mixology," "we," "us," or "our"
Website & Services: middletonmixology.com, our online store, wholesale portal, and related services (collectively, the "Service").

⚠️ IMPORTANT SAFETY NOTICE (Open Flame Products)

Some products are designed for use with an open flame and/or high heat (e.g., torches) and combustible materials (e.g., wood chips). Use only as directed, follow all safety instructions, and keep away from children and pets. Use in a well‑ventilated area and never leave an active flame unattended. See Section 7 (Product Safety & Intended Use).

1. Acceptance of These Terms

By accessing or using the Service, you agree to be bound by these Terms of Service ("Terms") and any policies referenced here, including our Privacy Policy and Returns & Shipping Policies. If you do not agree, do not use the Service. We may update these Terms at any time by posting a revised version. Your continued use constitutes acceptance of the revised Terms.

2. Eligibility

You represent that you are (a) at least the age of majority where you live; and (b) legally able to enter into a binding contract. Open‑flame items (e.g., torches) may be purchased only by persons 18+ (or 21+ where required by law). You will not purchase for, or provide to, minors. If you open a wholesale account, you represent that you are authorized to bind the business.

3. Accounts & Security

You are responsible for your account credentials, orders placed through your account, and promptly updating your information. Notify us immediately of unauthorized use. We may refuse, suspend, or terminate accounts for any reason permitted by law.

4. Order Acceptance; Pricing; Promotions

Orders are offers to buy. We may accept or reject any order, in whole or in part, including due to suspected fraud, inventory, pricing/typographical errors, or restrictions (see Section 6). If we cancel after charging you, we will refund the affected amount. Prices are subject to change without notice. Taxes, shipping, and duties are extra unless stated otherwise. Promotions and discounts are subject to posted terms and may not be combined unless expressly stated.

5. Shipping; Risk of Loss; Title; International

We ship to the destinations shown at checkout. Title and risk of loss pass to you when we deliver the goods to the carrier. Delivery dates are estimates only. We are not liable for delays once the carrier has possession. International customers are responsible for import duties, taxes, and customs clearance. We may split shipments. Certain products (e.g., pressurized fuel, butane) may face hazardous materials restrictions, carrier limits, or destination bans; such items may ship ground only and may be non‑returnable (see Section 9).

6. Geographic, Quantity, and Resale Limits

We may limit purchases per person, household, account, payment method, address, or order. We may restrict sales by region/jurisdiction. Wholesale and resale require our prior written approval and are subject to separate terms (see Section 15). We may cancel orders that we believe are for unauthorized resale or that violate our Minimum Advertised Price or distribution policies (if applicable).

7. Product Safety; Intended Use; Instructions

(a) Open Flame & Heat. Use torches and any open‑flame accessories only as instructed. Keep away from flammables. Do not modify products. Never point flames toward people or animals. Allow components to cool before handling.

(b) Ventilation. Use SmokeTop™ and wood‑chip products in well‑ventilated areas.

(c) Food & Beverage Use Only. Products are intended solely for culinary and beverage infusion. They are not designed or marketed for inhalation or for use with any smoking or vaporizing materials, and must not be used for any unlawful purpose.

(d) Read Manuals. Follow all manuals, labels, and safety data provided with products.

(e) Compliance. You are responsible for complying with local fire, building, and safety codes.

(f) California Proposition 65. WARNING: Using combustion products can expose you to chemicals including soot and carbon monoxide, known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.

8. Product Descriptions; Availability; Colors

We attempt to be accurate, but we do not warrant that product descriptions, images, or other content are complete, current, or error‑free. Colors can vary by display. Availability is not guaranteed and quantities may be limited.

9. Returns, Refunds & Exchanges

Please review our posted Returns Policy. Unless a different period is stated in writing, we offer returns within 30 days of delivery for unused, resalable items in original packaging with proof of purchase. For safety and regulatory reasons, we cannot accept returns of used torches, opened fuel/consumables, or items contaminated by food/beverage residue, except for warranty claims. You are responsible for return shipping unless the return is due to our error or a verified defect. We may charge a reasonable restocking fee for incomplete or damaged returns. Refunds are issued to the original payment method after inspection.

10. Limited Warranty (Products)

To the extent permitted by law, we warrant that products will be free from material defects in materials and workmanship under normal use for one (1) year from delivery unless a different period is stated on the product page. Our sole obligation, and your exclusive remedy, is repair or replacement of the defective product or a refund of the purchase price, at our option. This limited warranty does not cover misuse, accidents, modifications, normal wear and tear, or failure to follow instructions.

Disclaimer. Except for the limited warranty above and to the maximum extent permitted by law, the Service and products are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non‑infringement. Some jurisdictions do not allow disclaimers of implied warranties; some or all of the above may not apply to you.

11. Limitation of Liability

To the maximum extent permitted by law: (a) we are not liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits, business interruption, or data loss) arising out of or related to the Service or products; and (b) our total liability for any claim shall not exceed the amount you paid to us for the product(s) at issue in the 12 months preceding the claim. Some jurisdictions do not allow certain limitations; these limits apply to the fullest extent permitted.

12. Indemnification

You agree to defend, indemnify, and hold harmless Middleton Mixology LLC and its affiliates, officers, directors, employees, and agents from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your misuse of the products or Service, or your violation of law or third‑party rights.

13. User Content; Feedback; Reviews

If you submit reviews, photos, recipes, or other content ("User Content"), you grant us a worldwide, perpetual, irrevocable, royalty‑free, sublicensable license to use, reproduce, distribute, display, modify, and create derivative works from your User Content in any media for marketing, publicity, and operation of the Service. You represent that you own or control the rights to your User Content and that it is accurate and lawful. We may remove User Content at any time.

14. Intellectual Property; Trademarks

All content on the Service, including the SmokeTop™ marks and related logos, product names, images, text, and designs, is owned by or licensed to us and protected by law. No rights are granted except as necessary to use the Service to shop for personal, lawful purposes. You may not use our trademarks without our prior written permission.

15. Wholesale; Commercial Use; MAP/Resale

Wholesale accounts and commercial purchasers are subject to additional written terms. Unauthorized resale, diversion, or export is prohibited. We may impose Minimum Advertised Price (MAP) policies and other channel requirements.

16. Subscriptions & Auto‑Renewals (If Offered)

If you purchase a subscription (e.g., recurring wood‑chip shipments), it will auto‑renew at the stated interval until canceled. We will charge your saved payment method at each renewal at the then‑current price plus taxes/shipping. You may cancel at any time before renewal via your account or by contacting support; cancellations take effect at the next billing cycle.

Disclosures & Reminders. We will present renewal terms clearly and conspicuously, obtain your affirmative consent before charging, and provide renewal reminders and easy online cancellation as required by law, including Washington (e.g., RCW 19.165).

17. Communications; SMS (If Opted‑In)

By providing contact information, you consent to receive transactional communications. Marketing SMS requires your express opt‑in and is governed by our SMS terms (if any) and applicable law. Message/data rates may apply. You can opt out per the instructions provided.

18. Prohibited Uses

You may not use the Service: (a) for any unlawful purpose; (b) to violate others' rights; (c) to upload malware or interfere with security; (d) to scrape or harvest data without permission; (e) to bypass access controls; or (f) in violation of these Terms or posted policies.

19. Third‑Party Services & Links

Third‑party tools, carriers, and services are provided "as is." We are not responsible for third‑party websites or their terms or privacy practices.

20. Governing Law; Venue; Arbitration; Class Action Waiver

Governing Law & Venue. These Terms are governed by the laws of the State of Florida, without regard to conflict‑of‑laws rules, and by the Federal Arbitration Act (FAA) with respect to arbitration. Subject to the arbitration provision below, the exclusive venue for disputes that are not arbitrated shall be the state courts located in Miami‑Dade County, Florida or the U.S. District Court for the Southern District of Florida, and you consent to personal jurisdiction in those courts.

Binding Arbitration. Any dispute or claim arising out of or relating to these Terms, the Service, or our products that cannot be resolved informally shall be resolved by final and binding arbitration on an individual basis under the AAA Consumer Arbitration Rules, administered by the American Arbitration Association (AAA). The arbitrator may award individual relief permitted by law.

Location/Mode. Unless the parties agree otherwise, arbitration will be conducted by video or teleconference; if an in‑person hearing is held, it will take place in Miami‑Dade County, Florida.

Class Action Waiver. Class, collective, and representative actions and proceedings are not permitted. The arbitrator may award relief only in favor of the individual party seeking relief.

Small‑Claims Carve‑Out. Either party may bring qualifying claims in small‑claims court in the county where you reside or in Miami‑Dade County, Florida.

Opt‑Out. You may opt out of this arbitration provision within 30 days of your first purchase by emailing arbitration‑optout@middletonmixology.com with your name, billing address, and order number.

Non‑Waivable Rights. Nothing in this Section limits any non‑waivable consumer rights under applicable law.

21. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, labor disputes, shortages, war, government actions, carrier interruptions, or telecommunications failure.

22. Severability; Waiver; Assignment

If any provision is unenforceable, it will be enforced to the maximum extent permissible and the remainder will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign as permitted by law.

23. Entire Agreement

These Terms, together with referenced policies and any order‑specific terms, constitute the entire agreement between you and us regarding the Service and products and supersede prior or contemporaneous understandings.

24. Contact

Support: help@middletonmixology.com
Mailing Address: 472 Brown Rd E, Chehalis, WA 98532
For safety incidents, contact local emergency services and notify us promptly.