Effective Date: May 1, 2020
Last Revised: May 1, 2020
Mantra may revise these Terms at any time. Your continued usage of the Mantra Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the Mantra Services are protected by law, including, but not limited to, United States copyright laws and international treaties.
The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Mantra Services for any reason.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION AND DISPUTE RESOLUTION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO HOW DISPUTES WITH MANTRA ARE RESOLVED. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 12). PLEASE READ IT CAREFULLY.1. ELIGIBILITY
You must be 18 years of age or older to visit or use the Mantra Services in any manner. By visiting the Mantra Services or accepting the Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to the Company that you will use the Mantra Services in a manner consistent with any and all applicable laws and regulations.
2. USE OF THE MANTRA SERVICES
2.1 Use Restrictions
The content on the Mantra Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from Mantra’s licensors, and any other materials displayed through the Mantra Services (collectively, the “Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with Mantra. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Mantra or its licensors.
So long as you are in compliance with these Terms, the Company grants a non-exclusive limited, personal, non-transferable license to use the Mantra Services solely for your personal use. You may not distribute or make the Mantra Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by the Company that replace and/or supplement the original Mantra Services, unless such upgrade is accompanied by separate or updated Terms of Service. All rights not expressly granted herein are reserved to Mantra and its licensors, and if you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without Mantra’s written permission, “mirror” any Contents contained in the Mantra Services or any other server. You hereby represent and warrant that you will not, and will not induce any third party to use the Mantra Services in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempts to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of Mantra or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to Mantra’s user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) uses the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulation; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies.
Mantra reserves the right, in its sole discretion, to refuse, discontinue, block, and/or terminate your use of, and access to, the Mantra Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
2.2 User Submissions
Except as provided under Submission of Feedback (Section 2.3 below), Mantra does not claim ownership of any information or material a user provides to Mantra or posts, uploads, input, submits, or transmits to the Mantra Services (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Mantra Services, or which, in the judgment of Mantra, exposes Mantra or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Mantra. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Mantra a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Mantra is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Mantra is not responsible for the consequences of any Submission. Mantra is not responsible for screening or monitoring Submissions made to Mantra Services by users. If notified by a user of a Submission allegedly in violation of these Terms, Mantra may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Mantra will have no liability or responsibility to users for performance or nonperformance of such activities.
Mantra reserves the right (but is not obligated) to: (a) record the dialogue on the Mantra Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the Mantra Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Mantra Services, regardless of whether such Submission violates these Terms.
2.3 Submission of Feedback
Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
2.4 Your Account
If you use the Mantra Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Mantra reserves the right to refuse service, terminate accounts or subscriptions, remove or edit content, or cancel orders or shipments in its sole discretion.
3. TERMS OF SALE
Mantra sells nutritional products, dietary supplements, and complementary accessories, including, but not limited to, items such as water bottles and apparel (the “Products”), to end-user customers who make one time purchases of Products (“One-Time Purchases”), and/or purchase Products through a recurring membership plan (“Members”) to have the Products shipped regularly on a schedule of the Member’s choosing only for their own personal, non-commercial use (the “Subscription”). You may not purchase Products or Subscriptions for further distribution or resale or for any other commercial or business purpose. The Subscription and all rights and privileges conferred are personal and non-transferable.
3.2 Products and Product Pricing
The price that we will charge you for the Products and Membership may be based on a pricing structure that depends on the type and quantity of Products included in the Subscription, which shall constitute a “Plan.”. Pricing for Products and Subscriptions (including any applicable shipping and handling fees) can be found on the Mantra Services. Members may view or customize the Products in each Plan by using the Mantra Services or by contacting Mantra’s Customer Experience team. Adding or removing Products from a Plan or changing your Subscription may change the price that we will charge you for the Products and Plan. We reserve the right to change a Product’s price or the pricing structure at any time, with appropriate notice to you. We do not provide price protection or refunds in the event of promotions or price decreases.
3.3 Subscriptions and Promotions
Members may begin their Subscription with a “Promotion” allowing the Member to receive a reduced price or other incentive on one or more shipments of the Plan (each an “Order”). Members may also choose to add additional Products to their Plan on a one-time or recurring basis (“Add-On Products”). At that time, the Payment Method will be charged the price and any shipping and taxes (if applicable), of the Plan, taking into consideration any Promotion, and any Add-On Products selected. For combinations with other promotions and offers, restrictions may apply. Mantra reserves the right, in its sole discretion, to determine your eligibility for a Promotion.
Mantra will bill your credit, debit, or other Company-accepted payment method (“Payment Method”) for the applicable Order based on your One-Time Purchases, Subscription and any Add-On Products you select for each Order in accordance with Section 4.1, unless you cancel your order prior to shipping or cancel your Subscription in accordance with Section 4.3.
To view the specific details of your Subscription, including frequency of shipments and next ship date, as well as the price and contents of your next Order, visit our website. Mantra reserves the right, in its absolute discretion, to withdraw or modify any Product, Subscription, offering, or promotion at any time without prior notice and with no liability. Any and all Products, Subscriptions, offers, or promotions advertised on the Mantra Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
3.4 Processing Orders
If any problems arise with your order, or with the shipping address or Payment Method associated with your Subscription, and Mantra is unable to resolve the problem, we may notify you via e-mail using the address associated with your Subscription. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your Order may be cancelled and we may not be able to process future Orders until the problem has been resolved.
3.5 Refunds and Exchanges
If you are not satisfied with one of our Products for any reason, we will refund the amount paid for that Product in your most recent Order. Refund requests must be made directly to us at email@example.com within 30 days of the date of delivery. We may require that you return the Products in question as a pre-condition of a refund, in which case, we will provide a pre-paid return shipping label. We are not liable for Products that are damaged or lost in transit to Mantra. Following Mantra’s receipt of your request (typically within five (5) business days), and, if applicable, receipt of the returned Products, Mantra will credit the amount paid for the Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, Mantra does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the chargeback.
We will not provide a refund for a request that is received by Mantra more than 30 days after the date of delivery. We also do not provide a refund for Products that are damaged due to your misuse, lack of care, mishandling, accident, abuse or other abnormal use.
4. SUBSCRIPTION TERMS AND CANCELLATION POLICY
4.1 Recurring Subscription; Automatic Renewal
YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
MANTRA WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION AND CHARGE YOUR CREDIT CARD OR DEBIT CARD (COLLECTIVELY, “PAYMENT METHOD”) ON THE MONTHLY ANNIVERSARY OF THE DATE THAT FIRST CHARGES YOUR PAYMENT METHOD FOR THE FIRST SUBSCRIPTION FEE OR THE SHIPMENT DATE SELECTED THROUGH YOUR ACCOUNT (THE “PLAN SHIPPING DATE”) DEPENDING ON THE SUBSCRIPTION AND/OR PLAN SHIPPING FREQUENCY CHOSEN BY YOU AND, AS AUTHORIZED BY YOU BY AGREEING TO THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION DURING THE MEMBER SIGN-UP PROCESS.
YOUR PAYMENT METHOD WILL BE CHARGED AT LEAST ONE FULL BUSINESS DAY PRIOR TO YOUR NEXT PLAN SHIPPING DATE. WE WILL CHARGE YOUR PAYMENT METHOD WITH THE APPLICABLE COST FOR YOUR PLAN, ALONG WITH ANY SHIPPING AND HANDLING COSTS AND SALES OR SIMILAR TAXES THAT MAY BE CHARGED WITH YOUR SUBSCRIPTION.
TO AVOID BEING CHARGED, YOU MUST CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 4.3. WE WILL CONTINUE TO BILL YOUR PAYMENT METHOD ON A RECURRING BASIS (DEPENDING ON THE SUBSCRIPTION AND BOX SHIPPING FREQUENCY SELECTED) UNTIL YOU CANCEL. EACH SUBSCRIPTION RENEWAL PERIOD IS ONE MONTH.
4.2 Shipping Frequency and Modification of Ship Date
Members will be shipped an Order based on the shipping frequency and/or shipping date chosen in their account.
Mantra offers Members the ability to change the ship date of their next Order. By default, Orders will be shipped every one (1) month. Members can also choose a specific shipping date for their next Box that is anywhere between three (3) business days and up to two (2) months away. Members that wish to change the ship date of their next Order must do so at least three (3) business days prior to the next regularly scheduled Order shipping date.
4.3 Subscription Cancellation
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME FROM THE ACCOUNT DETAILS PAGE ON THE MANTRA WEBSITE. TO CANCEL A SUBSCRIPTION, CLICK ON “CANCEL PLAN” LINK UNDER “MY SUBSCRIPTIONS”, THEN FOLLOW INSTRUCTIONS TOWARDS CANCELLATION. CANCELLATION REQUESTS SUBMITTED IN THIS MANNER MUST BE RECEIVED AT LEAST FIVE (5) BUSINESS DAYS PRIOR TO YOUR NEXT PLAN SHIPPING DATE TO AVOID BEING CHARGED FOR THAT BOX. SUBSCRIPTION CANCELLATION REQUESTS CAN ALSO BE MADE BY EMAILING SUPPORT@GOMANTRALABS.COM AND MUST BE RECEIVED BY MANTRA FIVE (5) BUSINESS DAYS PRIOR TO YOUR PLAN SHIPPING DATE. IF YOU HAVE ANY PROBLEMS, PLEASE EMAIL US AT SUPPORT@GOMANTRALABS.COM.
5. MANTRA SMS TERMS AND CONDITIONS
We may offer the ability to receive text messages about your Order status, account notifications, and other special offers and announcements. In order to sign up for text messages, you must provide your consent to receive autodialed texts from or on behalf of us at the mobile number you’ve provided to opt-in. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to unsubscribe, you can follow the instructions provided in those messages. If you have any questions, you may reply HELP to any Mantra alert or contact our Customer Experience team at firstname.lastname@example.org.
6. DISCLAIMERS; LIABILITY OF MANTRA AND ITS LICENSORS AND PARTNERS
The use of the Mantra Services or the Contents is at your own risk. The Contents in the Mantra Services could include technical inaccuracies or typographical errors. Mantra may make changes or improvements at any time.
THE CONTENTS IN THE MANTRA SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MANTRA SERVICES ARE WITH YOU. THE MANTRA SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MANTRA DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MANTRA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MANTRA SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MANTRA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE MANTRA SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MANTRA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. No advice or information, whether oral or written, obtained by you through the Mantra Services or from us shall create any warranty. We disclaim all equitable indemnities.
6.2 The Mantra Services do not Provide Medical Services or Advice
ALL THE CONTENT PROVIDED THROUGH THE MANTRA SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDIAL ADVICE OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH OR A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ THROUGH THE MANTRA SERVICES. THE MANTRA SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MANTRA SERVICES IS WITH YOU.
The Content is for informational purposes only. The Mantra Services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. We do not represent or warrant that any particular service, supplement, product, test or procedure is safe, appropriate or effective for you.
If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, health care providers, products, supplements, services, procedures, opinions, or other information that may be mentioned through the Mantra Services. Reliance on the Content or any information provided by us, our employees, others appearing on the Mantra Services on our invitation, or other third parties on the Mantra Services is solely at your own risk.
6.3 Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MANTRA ASSUMES NO LIABILITY AND WILL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF DATA, USE, REVENUE, ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS HOWEVER ARISING, EVENT IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL MANTRA’S LIABILITY EXCEED $100.
7. CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES
The Mantra Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Mantra Services. You agree that Mantra shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Mantra Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Mantra Services does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Mantra Services, or based on such third party’s participation or presence on the Mantra Services, are solely between you and the third party. Mantra makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Mantra Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
You agree to defend, indemnify, and hold Mantra, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "Mantra Parties") harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Mantra Services or Contents, or your violation of these Terms. Mantra reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
9. MODIFICATION OR SUSPENSION OF THE MANTRA SERVICES
You agree that Mantra may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Mantra Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
Mantra makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Mantra Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of Mantra and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Feedback, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.
11. CHOICE OF LAW
These Terms are governed in accordance with the laws of the state of Texas, United States of America, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
12. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Section 12 (this “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). you may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by emailing to us at email@example.com the following information: (1) your name, (2) your address, (3) A written description of your Claim, and (4) A description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration. you may pursue your dispute in a court only under the circumstances described below.
Either party may choose to pursue a dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing us at firstname.lastname@example.org the following information: (1) your name; (2) your address; (3) A clear statement that you do not wish to resolve disputes with us through arbitration. We promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.
Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – you or we may initiate arbitration in either Delaware or the federal judicial district that includes your billing address.
Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the dispute will be decided by a court.
This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of the Services. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the present language in this Provision if a dispute between us arises.
If any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Texas.
13. NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing Submissions that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to our Agent for notice of claims of infringement:
Attention: DMCA Agent
Mantra Labs, Inc.
9600 Escarpment Blvd.
Austin, TX 78749
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services or Service who is the subject of repeated DMCA or other infringement notifications.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Mantra to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
15. COMPLETE AGREEMENT
16. CALIFORNIA CONSUMER NOTICE.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Mantra Service are provided by Mantra. If You have a question or complaint regarding the Mantra Service, please contact Customer Service at email@example.com. You may also contact Us by writing Mantra Labs, 9600 Escarpment Blvd., Suite 745-260, Austin, TX 78749. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.