Terms of service
These products have not been evaluated by the Food & Drug Administration. Consumer agrees that they are 18 years of age and older to place an order on https://mitra-9.com/. Consumer agrees that they are 21 yrs. of age or older in some states, check state and local laws before making a final purchase on https://mitra-9.com/.
These products are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare professional prior to use if you have or suspect a medical condition. If you are under medical supervision and are using anti-depressants, anti-anxiety medications, diabetes medications, narcotics, blood pressure medication, sedatives, tranquilizers, or asthma medication, seek the advice of your healthcare professional prior to use. Do not use if you are pregnant, lactating, or under the age of 18 years. Do not take it when operating machinery or driving. Keep out of reach of children.
The information provided on this site is intended for your general knowledge only and is not a substitute for professional medical advice or treatment for specific medical conditions. Please, consult your physician. Testimonials and product reviews reflect individual people’s unique experiences and opinions and should not be viewed as professional advice. Individual results may vary. Always seek the advice of your physician or other qualified healthcare providers with any questions you may have regarding a medical condition. The information on this website is not intended to diagnose, treat, cure, or prevent any disease. Never disregard medical advice or delay in seeking it because of something you have read on this site. Products sold on this site are for personal use and not for resale. All orders placed through this website are subject to Mitra-9 acceptance, at its sole discretion. This means that Mitra-9 may refuse to accept, or may cancel, any order, whether or not it has been confirmed, without liability to you or any third party. Mitra-9 reserves the right to discontinue any program or offer. Return policy here.
The Site does not provide medical advice, diagnosis or treatment, and the information included on the Site is offered for informational purposes only. Some portions of the Site may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our products through the Site, neither our employees nor these third parties are authorized to provide medical or other professional advice through the Site. We also have not confirmed the qualifications of any third party who provides information through the Site, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the Site for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.
Please consult with your physician or other healthcare providers if you have health-related questions before using any of our products or relying on any information you obtain on the Site. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.
None of the individual contributors, system operators, developers, sponsors of mitra-9.com, or anyone else connected to mitra-9.com can take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented on this website.
Nothing on mitra-9.com should be construed as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine.
You will not be able to make any claims against this domain, mitra-9.com, or against the company owning this page for any damages, risks or side effects, other detrimental effects, mental changes, criminal or irresponsible behavior allegedly resulting from your use of Mitragyna Speciosa and especially not resulting from any purchases of Mitragyna Speciosa from this domain, mitra-9.com or the company owning it.
Disclaimer:
These products have not been evaluated by the Food & Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare professional prior to use if you have or suspect a medical condition. If you are under medical supervision, and are using antidepressants, anti-anxiety medications, diabetes medications, narcotics, blood pressure medication, sedatives, tranquilizers, or asthma medication, seek the advice of your healthcare professional prior to use. Do not use if you are pregnant, lactating, or under the age of 18 years or 21 in the state of Tennessee. Do not consume when operating machinery or driving. Keep out of reach of children.
Website Content Disclaimer:
The content provided on this website is for general informational purposes only. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. The products shown on this website are not meant to diagnose, treat, cure, or prevent any disease. The information provided on this website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Please consult with your physician before using any products shown on this website.
IMPORTANT NOTICE (Please Read):
As many of you know, there are a small handful of Cities, Counties, and States within the US that have, unfortunately, banned the sale of Mitragyna Speciosa within their jurisdiction.
Mitra-9, in accordance with Federal, State, County, and City laws concerning the sale of Mitragyna Speciosa, will not be able to accept purchases nor ship to customers who reside within the borders of the following areas. We apologize for the inconvenience.
The following areas will be affected: Alabama, Arkansas, Indiana, Sarasota County Florida, San Diego California, Jerseyville Illinois, Vermont, Wisconsin, Mississippi, Tennessee, and Rhode Island.
A wholesaler must agree to the terms and conditions as well:
Mitra9 Brands LLC and Wholesale Account have indicated an interest in exploring a potential business relationship (the "Transaction"). In connection with its respective evaluation of the Transaction, each Party, their respective affiliates, and their respective directors, officers, employees, agents, or advisors (collectively, "Representatives”) may provide or gain access to certain confidential and proprietary information (hereafter referred to as “Confidential Information” and defined further in Paragraph 1 below). A Party disclosing its Confidential Information to the other Party is hereafter referred to as a "Disclosing Party." A Party receiving the Confidential Information of a Disclosing Party's hereafter referred to as a "Receiving Party." In consideration for being furnished Mitra9 Brands LLC agree as follows:
Confidential Information. The term "Confidential Information" as used in this Agreement shall mean any data or information that is competitively sensitive material and not generally known to the public, including, but not limited to, information relating to any of the following: product development, manufacture, and plans, marketing strategies, operations, systems, proprietary concepts, documentation, reports, databases, customer lists, customer relationships, customer profiles, supplier lists, pricing, business plans, present or future business activities, design, process, procedure, improvement, which the Disclosing Party considers confidential. Mitra9 Brands LLC. and Wholesale Account each agree that all rights, title, and interest in the Confidential Information of the Disclosing Party is and shall remain solely the property of the Disclosing Party. Company acknowledges that one or more United States and/or foreign patent applications have been or may be filed to protect certain aspects of Mitra9 Brands LLC’s Confidential Information. The Parties further agree that all rights, title, and interest in any improvements or developments to the Confidential Information, whether made by Mitra9 Brand LLC, by Company or jointly made by the Parties, arising out of any disclosure of the Confidential Information by one Party to the other, is and shall remain solely the property of the Disclosing Party. Company agrees to take such action as is reasonably requested by Mitra9 Brands LLC to perfect and secure Mitra9 Brands LLC’s rights, title, and interest in any improvements or developments to Mitra9 Brands LLC’s Confidential Information.
MINIMUM ADVERTISED PRICING (MAP): This policy protects the integrity of the Mitra9 Brands LLC product line and our network of retailers. The MAP price applies to but not limited to: advertising in catalogs, direct mail, websites, in-store displays, and any and all forms of advertising media including social media. The advertised minimum price must be equal to or greater than the Mitra9 Brands LLC Manufacturer Suggested Retail Price (MSRP). Any discounting that results in a net advertised price of any of Mitra9 Brands LLC products thru coupons, rebates, percentage discounts or any other manner will be considered non-compliant to the MAP pricing. If the merchant is non-compliant, Mitra9 will contact the vendor and give them 3 days to adhered to MAP compliance. If this is not been correct, Mitra9 Brands LLC will cease to supply the distributor.
KEG RENTAL AGREEMENT: Brewery kegs and equipment shall be returned in the same condition as received by the above-listed return date. Failure to return all of the rented kegs and equipment to the brewery on time, or if damaged or lost, may result in a late charge and/or replacement/repair charge on your credit card, up to the full replacement value of the keg(s) and equipment listed above. The replacement cost per keg is $50 a keg. The purchaser agrees to provide valid credit card information in lieu of a deposit when brewery kegs and equipment are checked out of the brewery. Please do not return kegs to the brewery without contacting brewery staff so that the Keg Return Sheet may be updated upon return. The purchaser acknowledges this policy by signing and dating below.
MITRA-9 TERMS OF SERVICE
Last Updated: June __, 2024
These Terms of Service, including all any additional terms and conditions and/or policies referenced herein and/or available by hyperlink (these “Terms”) govern your use of www.Mitra-9.com and such other websites, mobile applications, emails, social media profiles, and other online offerings which contain a link to these Terms (collectively, our “Services”) and the purchase of Mitra-9 products through such Services (collectively, our “Products”), all as offered to you by Mitra-9 Brands LLC (the “Company,” “we” “our” “us”). These Terms are a legally binding agreement between you and us.
WE OFFER OUR SERVICES AND PRODUCTS TO YOU CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS WITHOUT MODIFICATION OR EXCEPTION. PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF OUR SERVICES AND/OR THE PURCHASE OF OUR PRODUCTS CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE PROHIBITED FROM USING OUR SERVICES AND PURCHASING OUR PRODUCTS.
BY USING OUR SERVICES AND PRODUCTS YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND HAVE ALL REQUISITE RIGHTS TO AGREE TO THESE TERMS.
PLEASE NOTE THAT SECTION 15 OF THESE TERMS INCLUDES BOTH AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION (WAIVING ANY RIGHT YOU MIGHT HAVE TO HAVE ANY DISPUTES YOU HAVE WITH US OR CLAIMS AGAINST US DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. YOU HAVE THE RIGHT TO OPT-OUT OF ARBITRATION AS EXPLAINED IN SECTION 15.
Section 1. General Conditions.
(a) We reserve the right to refuse access to our Services and/or the purchase of our Products by anyone and for any reason.
(b) You agree not to use our Products and Services for any illegal or unauthorized purposes, including without limitation, in violation of any laws, rules, and/or regulations applicable to you in your jurisdiction.
(c) Unless otherwise presented at the time a particular Service is made available to you for use, all of our Services are provided to you free of charge, subject to your adherence to these Terms. By using our Services, you acknowledge and agree that such Services contain our own proprietary content as well as content provided from third parties (collectively “Content”). While we endeavor to provide useful, accurate and up to date Services, we do not guarantee the accuracy, integrity or quality of the Services or any of the Content. You agree to bear all risks associated with the use of our Services and such Content, including exposure to Content through such Services. If you do not like or find offensive our Services or Content, your sole remedy is to immediately cease your use of the Services and access to the Content. We maintain the right, but not the obligation to remove any Content that we determine in our sole discretion violates these Terms or that is otherwise objectionable at any time and for any reason.
(d) Some of our Services may be subject to additional posted terms and/or conditions. Your use of those Services is subject to those additional terms and/or conditions, which are hereby incorporated into these Terms by reference. In the event of any conflict or inconsistency between these Terms and any additional posted terms and/or conditions, the provisions of the additional terms and/or conditions shall control.
Section 2. Our Products; Refunds; Subscriptions; Shipping.
(a) Our Products. Our Products are only available for sale to individuals over the age of eighteen (18). We reserve the right to limit sales of our Products for any reason in our sole determination, including quantities, types, and locations of sales of our Products. We reserve the right to discontinue any of our Products at any time and for any reason. Our Products are subject to limited availability and are subject to return only in accordance with our Refund Policy (as set forth in Section 2(b) below). The descriptions, pricing, and packaging of our Products is subject to change at any time in our sole discretion without further notice to you. We use reasonable efforts to ensure that our Products are available and available at the prices set forth on our Services. We reserve the right to discontinue any of our Products at any time and for any reason. All offers to sell our Products through our Services are void where prohibited. We do not warrant that the Products will meet your expectations or that any issues related to such Products will be remedied by us, except as explicitly set forth herein. If any of our Content contains typographical errors, inaccuracies or omissions, including as may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability, we shall not be liable for same and reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order).
(b) Our Refund Policy. We want to ensure that you are happy with your order. In the unlikely event you wish to return all or a portion of your Products, you may contact us at support@mitra-9.com. You must contact us within 24 hours of your receipt of the Products in order to be eligible to receive a refund or exchange. All returned Products must be in their original, unopened, and unused packaging with any applicable heat seals intact. Shipping costs to return Products are your responsibility, except to the extent shipped in error by Mitra-9. Once we have received a properly returned Product and ensured that it remains in its original, unopened, and unused packaging with any applicable heat seals intact, we will issue a refund or process your exchange, less any cost of shipping, within 24 hours. To the extent we have shipping you Products in error when processing your order, please contact us at support@mitra-9.com within 24 hours of your receipt of the order and we will make it right. Mitra-9 will either assume the costs for return shipping or we will simply provide a corrected, replacement shipment via USPS Priority, at our discretion, in the event of an order error. All shipping costs to replace or return a product sent in error by Mitra-9 shall be borne by us. Notwithstanding the foregoing, we are not responsible for any Product damage or control problems that may arise in connection with third party shipping partners, such as USPS, FedEx, or UPS. While we make every effort to ensure your Products are packaged and shipped in a manner that will allow such Products to arrive in their original condition, we are not responsible for issues or damages related to your Products when in transit with the shipping carrier. All orders are tracked. In the event we show your order was never delivered, we will make reasonable efforts to assist you in locating the “lost” order or sending a replacement order.
(c) Subscriptions. To the extent you have signed up for a subscription to our Products, you will receive regular deliveries of your selected Products on the frequency and for the duration that you have requested. You agree that we may retain your payment information in a secure environment in order to process payments for recurring subscription orders. We will charge your preferred payment in advance of shipping your Product order, unless you elect to pay via an alternative payment method in advance. You agree and authorize us to make such charges and agree to pay for same. Some subscriptions may auto-renew at the end of their duration. You may cancel and otherwise manage your subscriptions by contacting us via the applicable hyperlinks in the confirmation emails we send to you.
Section 3. Registration. In some cases we may require registration prior to use of our Services. If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
(d) Shipping. We only ship our Products within the United States. We are not able to ship Products to Alabama, Arkansas, Indiana, Rhode Island, Vermont, Wisconsin, Mississippi, San Diego (CA), Denver (CO), Jerseyville (IL), Alton (IL), Edwardsville (IL), Sarasota County and Lee County (FL), and Jerseyville County (IL). You must be at least 18 years old to purchase our Products or at least 21 years old to purchase our Products in Florida, Tennessee, and Utah.
Section 4. Purchases and Payment.
(a) We accept payment for our Products via the following methods: Visa, Mastercard, Discover, Diners Card, American Express, and JCB.
(b) When purchasing our Products via the Services, you agree to provide current, complete, and accurate purchase and account information for all purchases. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
(c) You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment..
(d) We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Section 5. Ownership. You acknowledge and agree that our Products, Services, and all Content made available on or through the Services is protected by applicable intellectual property rights, including without limitation, copyright and/or trademark law. Under no circumstances may you modify, sell, re-sell, license, transfer, publish, transmit, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of our Products or Services, in whole or in part. Subject to your compliance with these Terms, we grant you an individual and personal, revocable, non-transferrable, non-assignable, non-exclusive right to access and use the Services and Content for your own personal use. Any use of the Services and Content other than for your own personal use and enjoyment is strictly prohibited and shall constitute a breach of these Terms.
Section 6. Third Party Websites and Services. The Services may contain links to other Internet websites and services owned by third parties. Your use of each of those websites and services is subject to the conditions, if any, that each of those websites has posted. You acknowledge and agree that we have no control over websites that are not ours, and we are not responsible for any changes to and/or content on them. Our inclusion of any third-party Content or a link to a third-party website or service is not an endorsement of such third party content or third-party site. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate third party.
Section 7. Your Content.
(a) You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on or through the Services (“Your Content”). You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable, license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) pursuing our business interests, (ii) distributing Your Content, either electronically or via other media, to third parties seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by third parties. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
(b) When you create or make available Your Content on or through our Services, you thereby represent and warrant that: (i) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party; (ii) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and others to use Your Content in any manner contemplated by these Terms; (iii) Your Content is not false, inaccurate, or misleading; (iv) Your Content does not constitute unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation; (v) Your Content is not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us); (vi) Your Content does not violate any applicable law, regulation, or rule; and (vii) Your Content does not violate the privacy or publicity rights of any third party. Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services. We have the right, in our sole and absolute discretion, to pre-screen or delete any of Your Content at any time and for any reason, without notice. We have no obligation to monitor Your Content.
(c) If you believe that Your Content has been copied and made accessible through the Services and/or as part of the Content in a manner that violates your intellectual property rights, you may submit a claim notice to us at support@mitra-9.com.
(d) Be advised that under 17 U.S.C. 512(f), knowingly making a material misrepresentation that online material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification, you may be subject to heavy civil penalties. These penalties include monetary damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider who is injured by your misrepresentation. Any copyright infringement claims notice MUST include at least (1) proper identification of the allegedly infringing material or to be the subject of the allegedly infringing activity along with a demand that such allegedly infringing material be removed or access disabled, along with sufficient information for the Company to adequately locate the material; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Service are covered by a single notification, a representative list of such works available at that Service; (3) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (4) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (5) information reasonably sufficient to permit Company to contact you, such as address, phone number, and, if available, an email address at which you may be contacted; and (6) a physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed work (the “Notice Requirements”). If the Notice Requirements are not met, the Company may disregard the notice pursuant to 17 U.S.C. 512(c)(3).
(e) To the extent we remove Your Content as a result of the complaints of another pursuant to this Section 7, we may notify you of this fact and will provide you with the email address of the complaining party so that you may attempt to resolve the issue. You may object to such determination by writing to our designated agent, which must contain the following information pursuant to 17 U.S.C. 512(g)(3), (1) your physical or electronic signature; (2) 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; (3) a statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (4) your name, address, and phone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such person.
Section 8. Communications to You. You understand and agree that by utilizing our Services, you agree to receive communications from us, including emails, emails, text messages, and other forms of communications, regarding our Products and Services and other third-party business offerings. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically via email and/or through the Services satisfy any legal requirement that such communication be in writing. You further understand and agree that our Services may include communications from us or from our partners to you and that these communications are considered part of the Services. To opt out of receiving communications from us via email, please email us at sales@mitra-9.com or mail us at the address listed at the bottom of these Terms or click on the “unsubscribe” link at the bottom of any communication you receive from us or click here. Please be aware that we do not and cannot control the policies of any third parties who distribution any communications to you.
Section 9. Advertisers. We may allow advertisers to display their advertisements and other information on our Services. If you are an advertiser, you shall take full responsibility for any advertisements you place on our Services and any services or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Services, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. Other than placing such advertisements, we have no other relationship with advertisers.
Section 10. Privacy Policy.
Any information that we collect from you, whether personal in nature or otherwise, is subject to our Privacy Policy. Please click here https://mitra-9.com/policies/privacy-policy to see our full Privacy Policy. By using any of our Services, you agree to be bound by the terms of our Privacy Policy.
Section 11. Your Conduct.
(a) The technology and the software underlying our Services is the property of the Company, our affiliates, operators, providers, parent companies, and/or partners. You agree not to sell, assign, distribute, reverse engineer, copy, modify, rent, lease, loan, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Services. You agree not to modify the software underlying the Services in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Services.
(b) Without limiting the prohibitions set forth in Section 11(a) above, you agree that you will not use the Services to (i) publish, post, upload, e-mail, distribute, or disseminate (collectively, “transmit”) any offensive, inappropriate, profane, defamatory, infringing, vulgar, sexually explicit, obscene, indecent, or unlawful content or any hate speech (e.g. racist/discriminatory speech); (ii) transmit files that contain viruses, corrupted files, spyware, trojan horses, worms, time bombs, cancelbots, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, the Services, any software or hardware, or telecommunications equipment; (iii) restrict or inhibit any other user from using and enjoying any aspect of the Services; (iv) interfere with or disrupt the Services, servers, or networks, including any security features thereof; (v) impersonate any person or entity, including, but not limited to, a representative of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) take any action that imposes an unreasonably or disproportionately large load on our infrastructure; (vi) violate the intellectual property rights of Company and/or any other third party; or (viii) engage in or solicit other to engage in any illegal activities or violate any applicable law, rule, or regulation.
(c) Unauthorized access to the Services is a breach of these Terms and a violation of the law. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Services, except those automated means that we have approved in advance and in writing.
(d) In all cases, use of the Services is subject to existing laws and legal process and you agree to comply with such laws and legal process at all times. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.
Section 12. Termination, Suspension and Other Company Rights.
(a) We at all times have the right, without obligation, to take certain actions with respect to the Services and your use of the Services and Content and/or the ability to purchase our Products in our sole and absolute discretion at any time and for any reason without giving you any prior notice, including, without limitation, the right to (i) terminate, suspend, or otherwise restrict your access to all or any part of our Services and/or Products; (ii) remove, refuse, or move any of Your Content that you submit to the Services for any reason; (iii) remove, refuse, or move any Content that is available on or through the Services; (iv) update our Services in whole or in part; and (v) establish general practices and limits concerning use of the Services and Content.
(b) You agree that under no circumstances whatsoever will we, or our partners, affiliates, operators, or parent companies be liable to you or any third party for taking any of the actions set forth in Section 12(a) above for any reason or no reason at all. You further agree to refrain from bringing any action against us, or our parents, affiliates, operators, or partners for our taking any of the actions set forth in Section 12(a) above for any reason or no reason at all.
Section 13. Indemnification.
You hereby agree to indemnify, defend and hold Company and all of its operators, officers, directors, owners, employees, agents, information providers, affiliates, parent companies, partners, service providers, and licensors (collectively, the “Company Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any Company Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of (i) your use of the Services and/or Content; (ii) Your Content; (iii) your connection to the Services and/or Content; (iv) your violation of these Terms; or (v) your violation of the rights of any other person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Section 14. Disclaimer; No Warranties; Limitation of Liability.
(a) We, and our parents, owners, agents, Content providers, employees, licensors, affiliates, and our partners (i) disclaim any responsibility for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material by or through the Services; (ii) disclaim any responsibility for any harm resulting from downloading or accessing any Content accessible by or through the Services and/or Content; (iii) disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies the Services, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
(b) WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OR AVAILABLE THROUGH THE SERVICES. THE SERVICES AND ALL CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS OR PROVIDERS MAKES ANY WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
(c) NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, SUPPLIERS, PROVIDERS, DISTRIBUTORS, OR PARENT OR SUBSIDIARY COMPANIES OF ANY OF THE FOREGOING SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, OR RELATING TO THE PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR PARTNERS, AFFILIATES, OPERATORS, SUPPLIERS, PROVIDERS, DISTRIBUTORS, OR PARENT OR SUBSIDIARY COMPANIES OF ANY OF THE FOREGOING SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW OR $50, WHICHEVER IS GREATER.
Section 15. Remedy; Arbitration; Governing Law.
(a) IF YOU ARE DISSATISFIED WITH THE PRODUCTS, SERVICES OR CONTENT, IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR A THIRD PARTY WITH RESPECT TO THESE TERMS, THE PRODUCTS, SERVICES, OR THE CONTENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCTS (SUBJECT TO OUR REFUND POLICY), SERVICES AND/OR CONTENT.
(b) THE COMPANY AND YOU AGREE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, OR THE SERVICES BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN TAMPA, FLORIDA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR WE MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN HILLSBOROUGH COUNTY, FLORIDA, NECESSARY TO PROTECT THE RIGHTS OR THE PROPERTY OF YOU OR THE COMPANY (OR ITS AGENTS, SUPPLIERS, AND SUBCONTRACTORS), PENDING THE COMPLETION OF ARBITRATION.
(c) These Terms and any disputes arising directly or indirectly hereunder, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its choice of law provisions. EACH PARTY HERETO EXPLICITLY WAIVES THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE OR CONTROVERSY ARISING OUT OF THESE TERMS.
Section 16. Children. Individuals under the age of eighteen (18) are prohibited from using our Products and Services in all respects. You represent and warrant you are over the age of eighteen (18) by agreeing to these Terms. If you are not yet eighteen (18) years of age, you may only use our Services if your parent or legal guardian has consented to these Terms on your behalf. If you believe a person under the applicable age above is using our Services, please notify us immediately.
Section 17. International Usage. We make no representation and/or warranty that our Services and/or Products are appropriate, legal or available for use in any particular jurisdiction under its applicable laws. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit access to our Services and/or Products, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Section 18. California Users and Residents. If any complaint with us is not satisfactory y resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-521O or (916) 445-1254.
Section 19. Miscellaneous.
(a) We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Services or delivering them to you through an electronic communication in accordance with Section 8 hereof. You may update your communication preferences by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
(b) Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
(c) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(d) These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements that you may have with us. These Terms shall continue in full force and effect until terminated by us or you or until you terminate your use of the Services. The obligations and liabilities of you and the Company incurred prior to the termination of these Terms shall survive any termination of these Terms.
(e) If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
(f) We may assign any or all of our rights and obligations to others at any time.
(g) There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services or purchase of our Products.
(h) You agree that these Terms will not be construed against us by virtue of having drafted them.
(i) You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
(j) YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.
(k) At any time and without notice to you, we may modify these Terms by posting revised Terms on the Services. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Services constitutes your unconditional and binding acceptance of these Terms, including any amendments, revisions, alterations, modifications and/or supplements that we make from time to time in accordance with the provisions of hereof.
Section 20. Contact Us.
If you should have any questions or comments regarding these Terms or the Services and/or Products, you can contact us at sales@mitra-9.com or at:
Mitra-9 Brands LLC
16810 Oriole Road
Unit 7
Fort Myers, FL 33912
Phone: (239) 222-9129