The following are the legally binding terms and conditions, between each user (“you” or “your”) and The Mantra Co. (“The Mantra Co.,” we,” “us,” or “ours”) and govern the use of www.themantraco.com and the content, features, services, products purchased through the website, social media channels and applications offered by The Mantra Co (collectively, with the Products, and Website, the “Service” or “Services”). If you do not agree to any of these terms and conditions, please do not use the Service.
THE MANTRA CO.’S PROPRIETARY RIGHTS
All materials that are included in, made available on or are otherwise a part of the Service (“The Mantra Co. Content”, including without limitation any and all articles, blogs, text, photos, images, illustrations, videos, application software, technologies, source and object codes, designs, graphics, layouts, templates, artwork, logos, trademarks and the “look and feel” of the Service, are owned or licensed by The Mantra Co. or its affiliates or subsidiaries. The Mantra Co. Content is protected by copyrights, trademarks, service marks, patents, trade secrets and/or other proprietary rights and laws.
USE OF THE SERVICES & THE MANTRA CO. PROPERTIES
The Website, the Services, and the information and content available on the Website and the Services (as these terms are defined herein) are protected by copyright laws through the world. Subject to the Terms, The Mantra Co. grants you a limited license to reproduce portion of The Mantra Co Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by The Mantra CO. in a separate license, your right to use any The Mantra Co. Properties is subject to the Terms.
THE MANTRA CO. CONTENT DISCLAIMERS
The Mantra Co. Content on our Service is provided for general educational and informational purposes only. Although we make reasonable efforts to update the information on our Service, we make no representations, warranties or guarantees, whether express or implied, that the continue on our Service (including both The Mantra Co. Content and User Content) is accurate, complete or up-to-date.
You should not rely on this information as a substitute for, nor does it replace, professional legal, financial, tex or medical advice. If you have any concerns or questions about you health or the content on the Service, you should always consult with a physician or other health-care professional. The use of any information provided on the Service is at your own risk. No assurance is given that the information contained on the Services will always include the most recent findings or developments with respect to the particular material. We do not recommend or endorse any specific products, services, opinions, or other information that may appear on the Service.
By using the Service, you may be exposed to content from other users, as well as material posted, uploaded, made available, shared or transmitted to or through the Service by us, that you may find offensive or otherwise objectionable. The views expressed by other users on our Service do not represent our views or values. Under no circumstances will we be liable or responsible in any way to any third party, for the content or accuracy of any content posted by you or any other user of our Service. We are not responsible for any content, images, videos, audio files, ideas, concepts, information or other materials our users publicly post, upload, make available or share while using the Service or, when users access the Service through our social media channels, information available from such users’ social media profiles (each and all of the foregoing, “User Content”). Any content you upload to our Service will be considered non-confidential and non-proprietary.
You acknowledge that all files, materials, data, text, audio, video, images or other content, including The Mantra Co. Properties (“Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not The Mantra Co., are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through The Mantra Co. Properties (“Your Content”), and that you and other users of The Mantra Co. Properties, and not The Mantra Co., are similarly responsible for all Content they Make Available through The Mantra Co. Properties (“User Content”).
You acknowledge that The Mantra Co. has no obligation to pre-screen Content (including, but not limited to, User Content), although The Mantra Co. reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that The Mantra Co. pre-screens, refuses or removes any Content, you acknowledge that The Mantra Co. will do so for The Mantra Co.’s benefit, not yours. Without limiting the foregoing, The Mantra Co. shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
We may receive free products from marketers that we sometimes review or discuss in our editorial content. We may also run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.
SPECIAL PROMOTION TERMS
When posting information on the Service, use good taste when discussing sensitive topics. Users are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don’t post rumors or negative opinions that are not supported by facts.
In addition to the prohibited activities described above, when posting information and media through the Services, you must not:
- Post anything that interferes with or disrupts the Service or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the Service;
- Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
- Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;
- Post or upload personal information, pictures, videos or any other media of another person without their express permission;
- Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
- Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
- Post statements or materials that in any way harm minors;
- Post statements or materials that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of The Mantra Co;
- Post statements or materials that misrepresent your affiliation with any entity and/or The Mantra Co.;
- Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
- Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services or any political campaigning;
- Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. The Mantra Co does not have any express burden of responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.
Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or other public forums in the future. The Mantra Co or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
You are responsible for configuring your information technology, computer programs and platform in order to access our Service. You should use your own virus protection software.
In connection with your use of the Services, you acknowledge and agree that you will not:
- Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any The Mantra Co. Content or information, software, products or services obtained through the Service;
- Manipulate, modify or edit The Mantra Co. Content or the Service or display the Services by using framing or similar navigational technology;
- Use the Services in any manner that could damage, disable, overburden or impair The Mantra Co.’s servers or networks, or interfere with any other user’s use or access to the Service
- Obtain unauthorized access to the Service, the server on which our Service is stored or any server, computer or database connected to the Service or harvest or otherwise collect information about other users without their consent
In order to access certain features of The Mantra Co. Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website (“Account”).
In registering an account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using The Mantra Co. under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of The Mantra Co. any minors. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Mantra Co. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Mantra Co. has the right to suspend or terminate your Account and refuse any and all current or future use of The Mantra Co. Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use The Mantra Co. Properties if you have been previously removed by The Mantra Co., or if you have been previously banned from any of The Mantra Co. Properties.
NECESSARY EQUIPMENT AND SOFTWARE
You must provide all equipment and software necessary to connect to The Mantra Co. Properties, including but not limited to, a mobile device that is suitable to connect with and use The Mantra Co. Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing The Mantra Co. Properties. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform and improve upon the Services. The Mantra Co. will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply. You may opt out of receiving text messages from us by emailing firstname.lastname@example.org.
The Mantra Co. Properties may contain affiliate links and other links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left The Mantra Co. Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of The Mantra Co.. The Mantra Co. is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. The Mantra Co. provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
PRODUCT PURCHASE TERMS
Certain Products may be available exclusively online through the Website. These Products may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our Products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. 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. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Website is void where prohibited.
By providing your payment and financial information, you agree that The Mantra Co., its service providers (e.g., Shopify, Inc.), and any of their third party payment processors are authorized to immediately charge your account for all applicable fees and charges and that no additional notice or consent is required. The Mantra Co. reserves the right at any time to change its prices and billing methods. All information that you provide must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S), PAYMENT MEANS OR OTHER FINANCIAL INFORMATION THAT YOU PROVIDE.
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.
The Mantra Co. reserves the right at its discretion to cancel or reverse any payment, even if it has been previously confirmed by The Mantra Co., as a result of any mistake or error, including any mistaken pricing, description error, or other error. Although it is unlikely that The Mantra Co. would refuse to accept an order, The Mantra Co. reserves the right to deny any order for any reason, including where the following situations arise: (i) insufficient information or errors in billing, payment, and/or shipping information; (ii) orders that cannot be processed due to erroneous information that you have provided, which includes, but is not limited to incorrect credit card or debit card number, expiration date, security value, or other incorrect information regarding payment types; (iii) suspected fraudulent information; or (iv) unavailability of a merchandise due to discontinuance or otherwise. If any Product is discontinued or otherwise becomes unavailable prior to delivery, The Mantra Co. reserves the right to cancel your order and provide you a refund for the amount paid for the Product. If this occurs, then The Mantra Co. will attempt to contact you so that you are aware of the situation. In order to protect the intellectual property rights of The Mantra Co. and its licensors and suppliers, any suspected resale of Products for personal and/or business profit is strictly prohibited. The Mantra Co. will not accept any order that is deemed to possess characteristics of reselling. The Mantra Co. reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.
TRANSFER OF RISK AND TITLE
Risk of loss of the Product passes to you on our delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point. You agree that claims against a carrier for damage during shipping are your responsibility.
ALL SALES ARE FINAL. The Mantra Co. does not accept returns, exchanges or refunds unless noted otherwise. Please note The Mantra Co. reserves the right to refuse all returns.
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use The Mantra Co. Properties, unless terminated earlier in accordance with the Terms.
TERMINATION OF SERVICES BY THE MANTRA CO.
If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, or if The Mantra Co. is required to do so by law (e.g., where the provision of the Website or the Services is, or becomes, unlawful), The Mantra Co. has the right to, immediately and without notice, suspend or terminate any Services provided to you. The Mantra Co. reserves the right to refuse service and/or prohibit or terminate access to the The Mantra Co. Properties, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you. Further, your breach of these Terms may jeopardize your continued use of the The Mantra Co. Properties and may result in the cancellation of your orders, among other consequences. You agree that all terminations for cause shall be made in The Mantra Co.’s sole discretion and that The Mantra Co. shall not be liable to you or any third party for any termination of your Account.
TERMINATION OF SERVICES BY YOU
If you want to terminate the Services provided by The Mantra Co., you may do so by (a) notifying The Mantra Co. at any time, and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to The Mantra Co.’s address set forth below.
EFFECT OF TERMINATION
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including the content you may post. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of any content you may post associated therewith from our live databases. The Mantra Co. will not have any liability whatsoever to you for any suspension or termination, including for deletion of the content you may post. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
The Mantra Co. Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that The Mantra Co. intends to announce such Services or Content in your country. The Mantra Co. Properties are controlled and offered by The Mantra Co. from its facilities in the United States of America. The Mantra Co. makes no representations that The Mantra Co. Properties are appropriate or available for use in other locations. Those who access or use The Mantra Co. Properties from other countries do so at their own volition and are responsible for compliance with local law.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with The Mantra Co. and limits the manner in which you can seek relief from us.
APPLICABILITY OF ARBITRATION AGREEMENT
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with The Mantra Co., will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or The Mantra Co. may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at Registered Agent, PO Box 46100 Los Angeles, CA 90046 or e-mailing us at email@example.com. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and The Mantra Co. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND THE MANTRA CO. HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and The Mantra Co. are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 13.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other claims shall be arbitrated.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: The Mantra Co., Registered Agent, PO Box 46100 Los Angeeles, CA 90046 or e-mailing us at firstname.lastname@example.org within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your The Mantra Co. username (if any), the email address you used to set up your The Mantra Co. account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. Except as provided in subsection 13.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with The Mantra Co..
- Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if The Mantra Co. makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing The Mantra Co. at the following email address email@example.com
DISCLAIMER OF WARRANTIES
THIS SERVICE IS AVAILABLE “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU USE THE SERVICE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE MANTRA CO. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICE. WE DO NOT WARRANT THAT THIS SERVICE WILL BE SEURE OR FREE FROM BUGS OR VIRUSES OR BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SERVICE;
LIMITATION OF LIABILITY
THE MANTRA CO. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARTNERS AND AFFILIATES ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.
You agree to indemnify and hold The Mantra Co., its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) any content you may post; (b) your use of, or inability to use, The Mantra Co. Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. The Mantra Co. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Mantra Co. in asserting any available defenses. This provision does not require you to indemnify any of the The Mantra Co. Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to The Mantra Co. Properties.
UPDATES TO THESE TERMS