Terms and Conditions
TERMS AND CONDITIONS
Please read the following terms, conditions and policies in their entirety. Your use of www.mentalmojo.me, all subdomains, all subdirectories and any other websites owned by Mental Mojo, LLC (collectively the “Website”) confirms your unconditional acceptance of the following terms, conditions and policies. By using the Website and of any of our products, you acknowledge that you understand that Mental Mojo is not intended to diagnose, mitigate, treat, cure, or prevent any disease, and that our products do not cure you of ADHD, ADD or any other disorder. The statements on the Website have not been evaluated by the Food and Drug Administration. As with all supplements, consult a physician before taking Mental Mojo. We truly want you to Drink Smart and Think Smart!
1. The Website is controlled and offered by Mental Mojo, LLC from its facilities in the United States of America. Mental Mojo, LLC makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to the purchaser upon delivery of the items to the carrier. The purchaser is responsible for filing any claims with carriers for damaged and/or lost shipments.
3. Weights, measures and similar descriptions are approximate and are provided for convenience only. Your use of the Website is at your risk. The information, materials and services provided on or through the Website are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will always be available. All content on the Website is subject to change at any time without notice.
4. We try, to the best of our ability, to ensure that the information on the Website is complete, accurate and current. However, despite our efforts, the information on the Website may be incomplete, inaccurate or out of date. We make no claims regarding the completeness or accuracy of any information on the Website.
5. Content on the Website is provided to you “as is” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without the prior written consent of Mental Mojo, LLC or as expressly provided herein. Mental Mojo, LLC reserves all rights not expressly granted in and to the Website and the content contained therein.
You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
6. Creating or maintaining any link from another website to any page on the Website without our prior written permission is prohibited. Running or displaying the Website or any information or material displayed on the Website without our prior written permission is prohibited. You may not, through means such as “framing” or “scraping,” incorporate content from the Website in any other website or other form of communications. Any permitted links to the Website must comply with all applicable laws, rules and regulations.
7. The Website may contain links to websites that are not owned, operated or controlled by Mental Mojo, LLC. We are not responsible for any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee or make any claims or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Website, you do so entirely at your own risk. By using the Website, you specifically release Mental Mojo, LLC from any and all liability arising from your use of any third-party website.
8. Any communication you transmit or post to the Website in any manner are and will be considered non-confidential and non-proprietary. We may use any or all of the aforementioned communications for any purpose whatsoever. We retain the right to remove any or all user communications that include any material we deem inappropriate or unacceptable.
9. The interactive nature of postings on the Website makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by the Website users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as “User Submissions”) are not endorsed by Mental Mojo, LLC, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Website, you hereby grant Mental Mojo, LLC a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Mental Mojo, LLC’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.
If you choose to post User Submissions on the Website, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of the Website reflects your respect for the legal rights of users connected with Mental Mojo, LLC. You understand that Mental Mojo, LLC does not guarantee any confidentiality with respect to any User Submission.
Mental Mojo, LLC expressly disclaims any and all liability in connection with User Submissions. Mental Mojo, LLC reserves the right to remove content and User Submissions in its sole discretion and without prior notice.
10. The following rules of conduct apply to your use of the Website and to any and all materials you post on the Website, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website.
You may not, in connection with the Website, do anything that:
- uploads, posts, emails or otherwise transmits any user submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- infringes or violates any patent, copyright, trademark, trade secret or other property right;
- breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
- violates or encourages others to violate any applicable law, statute, ordinance or regulation;
- promotes software or services that deliver unsolicited e-mail; or
- contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
You may not, except with Mental Mojo, LLC’s express advance authorization or in a specially designated area, use the Website to:
- uploads, posts, emails or otherwise transmits any user submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
- engage in commercial activities within the Website;
- harm minors in any way;
- solicit personal information from anyone under 18;
- provide false or deceptive information;
- use Website content to engage in commercial activities;
- delete, add or otherwise change other people’s entries or other content when you have not been granted the privileges to do so; or
11. You or we may suspend or terminate your account or your use of the Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend or discontinue all or any aspect of the Website at any time without notice.
13. INFORMATION CONTAINED AT THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO SUBSTITUTE THE ADVICE BY YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL. DO NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OR DISEASE, OR PRESCRIBING ANY MEDICATION. MENTAL MOJO SHOULD NOT BE CONSIDERED EQUIVALENT TO OR A SUBSTITUTE FOR AN FDA-APPROVED DRUG OR PROFESSIONAL MEDICAL TREATMENT. STATEMENTS ABOUT CLINICAL RESEARCH INVOLVING AN INGREDIENT IN MENTAL MOJO FOR THE TREATMENT OF A DISEASE SHOULD BE CONSIDERED ONLY AS BACKGROUND INFORMATION ABOUT THAT INGREDIENT. THESE STATEMENTS DO NOT REPRESENT A CLAIM ABOUT THE EFFECTS OR PURPOSES OF MENTAL MOJO ITSELF AND DO NOT INDICATE THAT MENTAL MOJO IS INTENDED TO TREAT ANY DISEASE OR IS A SUBSTITUTE FOR ANY DRUG. STATEMENTS THAT AN INGREDIENT FOUND IN MENTAL MOJO HAS BEEN PROVEN IN CLINICAL TRIALS TO EFFECTIVELY TREAT A DISEASE DO NOT REPRESENT ANY CLAIM REGARDING THE EFFECTS OF MENTAL MOJO AND DO NOT SIGNIFY THAT MENTAL MOJO ITSELF HAS BEEN PROVEN TO, OR SHOULD BE EXPECTED TO, EFFECTIVELY TREAT THAT DISEASE. INFORMATION AND STATEMENTS REGARDING MENTAL MOJO PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. CAREFULLY READ ALL PRODUCT PACKAGING PRIOR TO USE.
15. IN NO EVENT SHALL MENTAL MOJO, LLC, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF MENTAL MOJO, LLC, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.YOU SPECIFICALLY ACKNOWLEDGE THAT MENTAL MOJO, LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
2. The information we collect is used only by us and by the affiliates and outside firms associated directly with Mental Mojo products to contact consumers for marketing purposes associated with Mental Mojo products. In the event that Mental Mojo, LLC, assets are sold, transferred or used as security, your personal information may be transferred to third parties. If we are requested by law enforcement officials or judicial authorities to provide personal information on users of our site, we may, without your consent, provide such information. We will also provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or in litigation involving us.
4. If you supply us with your postal/email address, you may receive periodic mailings from us with information on new products and services or upcoming events, parties and festivals. You may also receive mailings from other affiliates associated directly with Mental Mojo products.
5. If you do not want to receive contact from us or our affiliates in the future, please let us know by sending us an email. Please provide us with your exact name, email and/or postal address and telephone number. We will be sure your name is removed from our contact list.