Terms of service
Effective: Nov 7, 2024.
If you have an concerns
queries
of feedback please email theThe Manas
Collectivecollective@gmail.com
The The Manas Collective Collective Inc (“The Manas Collective,” “us” or “we”) provides content and products via: www.The Manas Collectivecollective.com (the “Website”) or other delivery methods (the Website, online platforms, in person retreats and such content and products are collectively the “Product”).
These Terms & Conditions (these “Terms”) govern your access to and use of the Products and Services. The term “Device” refers to the device which is used to access the Products or Services, including but not limited to computers, smartphones, and tablets. The term “you” refers to the user of the Products or Services.
Protecting and safeguarding any personal information you provide through the Products and
Services is
extremely important to us. Information about our privacy practices can be found in our
Privacy Policy
(“Privacy
Policy”). You acknowledge that your use of the Products and Services is also subject to
our Privacy
Policy.
YOU AGREE THAT THE PRODUCTS AND
SERVICES ARE NOT
INTENDED TO BE USED IN A MEDICAL EMERGENCY. IF YOU ARE LOCATED IN THE UNITED STATES AND
YOU ARE HAVING
THOUGHTS OF SUICIDE OR SELF-HARM, PLEASE CALL OR TEXT YOUR LOCAL CRISIS LIFELINE. IF YOU
ARE IN
IMMEDIATE DANGER, PLEASE CONTACT EMERGENCY SERVICES OR GO TO THE NEAREST EMERGENCY ROOM.
DO NOT ATTEMPT
TO ACCESS EMERGENCY CARE THROUGH THESE PRODUCTS AND SERVICES. IF YOU ARE LOCATED OUTSIDE
OF THE UNITED
STATES, PLEASE CONTACT YOUR LOCAL CRISIS OR EMERGENCY RESOURCES OR GO TO THE NEAREST
EMERGENCY
ROOM.
PLEASE NOTE THAT THESE TERMS CONTAIN
AN ARBITRATION
CLAUSE EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND
The Manas
Collective AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS AND
SERVICES WILL BE
RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A
CLASS-ACTION
LAWSUIT OR CLASS-WIDE ARBITRATION.
1. WHAT YOU’RE SIGNING UP FOR
1.1 PRODUCTS AND SERVICES
Products include, without limitation, meditation and mindfulness content for
stress,
sleep, focus and spiritual development. Services include, without limitation, mental
health support
through music, guided meditation, divination tools and podcasts. If you elect to access
and receive the
Services, your care may be provided by Gaia from The Manas
Collective.
1.2
GENERAL
RULES FOR USE OR ACCESS
(a) When you order (“Order”) any
Products or
Services, or otherwise use or access the Products or Services, you agree to be bound by
these Terms and
all applicable laws, rules, regulations, judicial orders, executive orders or similar
binding legal
instruments (“Applicable Law”). You may also be asked to click “I accept” prior to your
purchase or
access to the Products and Services. If you do not click “I accept”, you may not be able
to complete
your purchase or access the Products or Services. If you do not agree to these Terms,
please do not use
the Products or Services.
(b) These Terms
and the
applicable Order set out the whole agreement between you and us for the supply of the
Products and
Services unless expressly stated otherwise. For instance, in order to use or access
certain Products or
Services or other special offerings, you may be required to agree to additional terms
and conditions or
policies; those additional terms or policies are hereby incorporated into these Terms.
Where such terms
or policies are inconsistent with these Terms, the additional terms or policies will
control.
(c) Please check that the details
in these Terms
and on the applicable Order are complete and accurate before you use or purchase the
Products or
Services. If you think that there is a mistake in these Terms or an Order, please
contact us by emailing
theThe Manas Collectivecollective@gmail.com. We only accept responsibility for
statements and
representations made in writing by an authorized representative of The Manas
Collective.
(d) Use of the Products and
Services is
dependent upon your use of a device with adequate software or a supported mobile device
and Internet
access. The maintenance and security of this equipment may influence the performance of
the Products and
Service and it is your responsibility to ensure the equipment’s functionality. You are
responsible for
all Internet access charges. Please check with your Internet provider for information on
possible
Internet data usage
charges.
1.3
CHANGES TO
TERMS
The Manas Collective reserves the right to change or update these Terms, or any other of our policies or practices, at any time. If a change to these Terms materially modifies your rights or obligations, we may notify you and require that you accept the modified Terms in order to continue to use the Products or Services. We may notify you of such changes via pop-up or push notifications within the Products or via email. If you continue to use the Products or Services after modification, you agree to abide by the modified Terms.
2 CHILDREN
Our Products and Services are generally intended for individuals at least 18 years of age.
There are
limited exceptions:
(a) We do not support
Members under
the age of 18. You may notice some content in our Products that appears geared towards
children. This
content is only meant for you to share with your child under your supervision, and does
not require or
allow your child to sign up as a registered user.
3. PAYMENT TERMS
(a) Your use of the Products and Services may require you to pay fees. We reserve the right to
determine pricing for the Products and Services. The fees you owe may vary based on many
factors,
including but not limited to your employer, healthcare provider, health plan or other
Benefit Sponsor’s
agreement with us, or the coverage offered by your applicable health insurance provider.
We are not
responsible for whether your health insurance offers any amount of coverage for the
Products and
Services. We will make reasonable efforts to keep pricing information published on our
Website
up-to-date.
(b) You are responsible for
all applicable
fees and charges incurred, including applicable taxes, unless otherwise stated in your
Partner terms and
conditions or otherwise agreed to in writing between the parties. Before you pay any
fees, you will have
the opportunity to review and accept the fees that you will be charged. In order to
access the Products
and Services, you may be required to provide your payment information. You agree to
promptly notify The
Manas Collective of any changes to your Payment Method while any payments remain
outstanding. You
authorize The Manas Collective or a third-party payment processor to charge all fees for
the Products
and Services, including all applicable taxes, to the Payment Method. If you pay any fees
with a credit
card, we (or a third-party payment processor) may seek pre-authorization of your credit
card account
prior to purchase to verify that the credit card is valid and has the necessary funds or
credit to cover
your purchase. If we use a third-party payment processor, such as Stripe or Shopify
their use of your
personal information is subject to their applicable terms of service and privacy policy.
For Stripe,
those terms are available at https://stripe.com/legal and
https://stripe.com/privacy.
(c)
In the course of your use of the Products or Services, The Manas Collective and its
third-party payment
processor may receive and use updated credit card information from your credit card
issuer to prevent
your Subscription from being interrupted by an outdated or invalid card. This
information is provided to
The Manas Collective and The Manas Collective ’s third-party payment processor at the
sole election of
your credit card issuer. Your credit card issuer may give you the right to opt-out of
the update
service. Should you desire to do so, please contact your credit card issuer. You agree
not to hold us
responsible for banking charges incurred due to payments on your account.
3.1 CHANGING FEES AND CHARGES
We reserve the right to change our subscription fees, plans or adjust pricing for our Products and Services or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you. A fee will be deducted for duplicate payments.
4. CANCELING MEMBERSHIP
4.1 CANCELLATION BY US
We may suspend or terminate your use of the Products and/or Services as a result of your fraud or breach of any obligation under these Terms. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products or Services and Services or recording of the Services. Such termination or suspension may be immediate and without notice. If we terminate your account, you may receive a pro rata refund of fees that you prepaid for the Services. Your access to the Products or Services may terminated if the relationship between The Manas Collective and your employer or provider terminates or expires, or if your relationship with your employer or provider ends. If this happens, The Manas Collective will use reasonable efforts to give you seven (7) days’ notice before access to the Products or Services is terminated.
4.2 CANCELLATION BY YOU
(a) Products: You may cancel your order or return products within 30 days of your order. Returned items are subject to shipping costs.
B) Virtual or online sessions: You can cancel your online session/training at anytime with a 24 hour notice, any cancellations under 24 hours of your start time will be charged in full.
C) Retreats: Reservations for retreats can be cancelled 60 days prior with 100% refund. Cancellations after 60 days will only be refunded 50%. This does not include any airtravel or additional travel expenses accrued outside of the reservation.
Please make any such cancellation by emailing
themanascollective@gmail.com.
4.3 CANCELLATION FEES
Some features of the Products and Services are subject to certain cancellation fees, as disclosed via the Products and Services. For example, such cancellation fees may be owed if you miss a scheduled therapy, training, or wellness session, and fail to provide the required advanced notice, as communicated to you in advance. We may suspend or terminate access to the Products and Services for any account for which any amount is due but unpaid. In addition to the amount due, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
5. PROHIBITED USE OF THE PRODUCTS AND SERVICES
By using the Products and Services you agree not to:
(a) copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Products or Services in any way, or create derivative works of the Products or Services;
(c) upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or Services;
(d) interfere with the servers or networks underlying or connected to the Products and Services or to violate any of the procedures, policies or regulations of networks connected to the Products or Services;
(e) access the Products or Services in an unauthorized manner, including in violation of any local, state, national or international law
(f) circumvent any territorial restrictions applied to the Products or Services;
(g) perform any fraudulent activity including impersonating any other person or entity while using the Products or Services;
(h) conduct yourself in an offensive manner while using the Products or Services (including, but not limited to, bullying, harassing, or using hate speech or degrading comments about things like race, religion, culture, sexual orientation, gender or identity, age, disability, or serious disease);
(i) use the Products or Services for any illegal, immoral or harmful purpose (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes);
(j) use the Products or Services for any purposes related to scientific research, analysis or evaluation of the Products or Services without the express written consent of The Manas Collective ;
(k) rent, lease, loan, make available to the public, sell or distribute the Products or Services in whole or in part or use the Products or Services except for your own personal use;
(l) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
(m) sell or otherwise transfer access granted under these Terms or any Materials (as defined below) or any right or ability to view, access, or use any Materials; or
(n) attempt to do any of the acts described in this Section or as otherwise prohibited by these Terms or assist or permit any person in engaging in any of the acts described in this Section or otherwise as prohibited by the Terms.
We reserve the right to immediately terminate your access to or use of our Products or Services if we believe, in our sole discretion, that you exhibit such behavior or you violate or attempt to violate any laws or breach these Terms.
By breaching the provisions of this Section, you may commit a criminal offense under Applicable Law. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products and Services will cease immediately.
We reserve the right to contact emergency services to the extent that we believe, at our sole discretion, that you pose an imminent threat of harm to yourself, to property, or to another person.
6. MATTERS OF OWNERSHIP
Subject to the limitations set forth in these Terms, The Manas Collective grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to stream, download and make personal non-commercial use of the Products and Services. The Products, including the source code for the Products and any information derived therefrom, is proprietary to, and constitutes the intellectual property (including without limitation a valuable trade secret) of The Manas Collective and its licensors and suppliers.
6.1 COPYRIGHT
(a) All materials (including but not limited to software and content whether downloaded or not)
contained in the Products and Services (“Materials”), are owned by The Manas Collective
(or our
affiliates and/or third-party licensors, where applicable), unless indicated otherwise.
The Materials
are valuable property and that other than any specific and limited license for use of
such Materials,
you will not acquire any ownership rights in or to such Materials. The Materials may not
be used except
as provided for in these Terms, and any other relevant terms and conditions provided to
you, without our
prior written consent.
(b) Materials on
or in the
Products or Services are the property of The Manas Collective or third-party licensors
and, without
prejudice to any and all other rights and remedies available, each such licensor has the
right to
directly enforce relevant provisions of Section 11 against you.
(c) Audio or video content from The
Manas Collective not
explicitly indicated as downloadable may not be downloaded or copied from the Products,
Services or any
Device.
(d) The Products and Services
are not intended
for your commercial use. Commercial advertisements, affiliate links, and other forms of
solicitation may
be removed by us without notice and may result in termination of privileges. You must
not use any part
of the Materials for commercial purposes without obtaining a written license to do so
from us. Materials
may not be copied or distributed, or republished, or transmitted in any way, without our
prior written
consent. Any unauthorized use or violation of these Terms immediately and automatically
terminates your
right to use the Products and Services and may subject you to legal liability.
Appropriate legal action
may be taken for any illegal or unauthorized use of the Products or Services.
(e) You may not otherwise download,
display, copy,
reproduce, distribute, modify, perform, transfer, create derivative works from, sell or
otherwise
exploit any content, code, data or materials in the Products or Services. If you make
other use of the
Products or Services, or the content, code, data or materials thereon, except as
otherwise provided
above, you may violate copyright and other laws of the United States, other countries,
as well as
applicable state laws and may be subject to liability for such unauthorized use. The
Manas Collective
will enforce its intellectual property rights to the fullest extent of the law,
including the seeking of
criminal prosecution.
6.2 TRADEMARKS AND INTELLECTUAL PROPERTY
All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products and Services are the property of The Manas Collective Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed or referred to on or in the Products and Services is strictly prohibited. The Manas Collective will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. AVAILABILITY OF PRODUCTS AND SERVICES
Although we aim to offer you the best service possible, we make no promise that the Products
and
Services will meet your requirements and we cannot guarantee that the Products and
Services will be
fault free. If a fault occurs in the Products or Services, please report it to us at
themanascollective@gmail.com and we will review your concern and,
where we
determine it is appropriate to do so, correct the fault. If the need arises, we may
suspend access to
the Products and Services while we address the fault. We will not be liable to you if
the Products and
Services are unavailable for a commercially reasonable period of time.
Your access to the Products and Services
may be
occasionally restricted to allow for repairs, maintenance or the introduction of new
Services or
Products. We will restore the Products and Services as soon as we reasonably can. In the
event that the
Products and Services are unavailable, our usual Order and cancellation deadlines apply;
please notify
us of changes to your Order by emailing themanascollective@gmail.com.
We may change or discontinue, temporarily or permanently, any feature,
component, or
content of the Products or Services at any time without notice to you. We reserve the
right to determine
the timing and content of software updates, which may be automatically downloaded and
installed by us,
without prior notice to you. You agree that The Manas Collective will not be liable to
you for any
unavailability, modification, suspension or discontinuance of any feature or component
of the Products
and Services.
8. ASSUMPTION OF RISK
By granting you the right to use the Products or Services, The Manas Collective do not assume any obligation or liability with respect to your health or your physical activity or condition. In no event will The Manas Collective be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or Services or any activity you undertake in connection therewith. As between you and The Manas Collective, you are solely responsible for your use of the Products and Services and your health and medical conditions and treatment related thereto. The Manas Collective will have no liability for any unauthorized disclosure of your personally identifiable information caused by your actions or omissions.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE THAT:
(a) IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER. IF YOU ARE HAVING THOUGHTS OF HARMING OR KILLING YOURSELF, PLEASE CALL OR TEXT 988, THE SUICIDE AND CRISIS LIFELINE, AND IF YOU ARE IN IMMEDIATE DANGER, PLEASE CONTACT 911 (OR YOUR LOCAL EQUIVALENT) OR GO TO THE NEAREST EMERGENCY ROOM;
(b) The Manas Collective (WITH THE EXCEPTION OF ITS AFFILIATED MEDICAL PROVIDERS) IS NOT A LICENSED MEDICAL CARE PROVIDER; DOES NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS; HAS NO EXPERTISE IN DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION; AND IS NOT YOUR HEALTHCARE PROVIDER;
(c) The Manas Collective IS NOT AND DOES NOT PROVIDE 911 OR OTHER EMERGENCY SERVICES AND MAY NOT CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT;
(d) ANY WRITTEN MATERIAL PROVIDED BY The Manas Collective AND NOT BY ITS AFFILIATED MEDICAL PROVIDERS THROUGH THE PRODUCTS AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER;
(e) YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION;
(f) NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED USING THE PRODUCTS AND SERVICES;
(g) The Manas Collective ASSUME NO LIABILITY WITH RESPECT TO ANY SURVEY OR RESEARCH/MEDICAL PROGRAM OR STUDY WITH WHICH YOU MAY BE USING THE PRODUCTS OR SERVICES; AND
(h) The Manas Collective ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH OR AS GENERATED BY THE PRODUCTS.
9. Meditation Assumption of Risk
While there is research that meditation can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, The Manas Collective makes no guarantees that the Products and Services provide a physical or therapeutic benefit. There have been rare reports where people with certain psychiatric conditions like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice. People with existing mental health conditions should speak with their health care providers before starting a meditation practice.
9.1 Spiritual Guidance Assumption of Risk
If you access and engage with our guidance service, you will work with our consultant who will provide personal support, encouragement and motivation (“Spiritual Guidance”). The guidance services provided do not provide medical advice, professional clinical counseling or other clinical or psychotherapy services. None of the advice provided by the guidance, the Website or the Products should be considered medical or clinical advice and none of such information is intended as medical or clinical advice. You should always talk to your physician or other other healthcare professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. Do not disregard professional medical advice or delay seeking professional advice because of information you have received or read on our Website, in virtual session or received through a Coach during a retreat. Do not stop taking any medications without speaking to your physician or other healthcare professional. The information provided in or through our Website, Apps or the Coaches is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your doctor or physician, nurse, or any other medical or clinical healthcare professional.
10. WARRANTIES AND DISCLAIMERS
10.1 THE PRODUCTS AND SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCTS AND
SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. The Manas Collective
DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS AND
SERVICES AND ALL
MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCTS AND SERVICES, INCLUDING: (A) ANY
IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR
NON-INFRINGEMENT; AND
(B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. The Manas Collective
DOES NOT
WARRANT THAT THE PRODUCTS AND SERVICES OR ANY PORTION OF THE PRODUCTS AND SERVICES, OR
ANY MATERIALS OR
CONTENT OFFERED THROUGH THE PRODUCTS AND SERVICES, WILL BE UNINTERRUPTED, OR FREE OF
ERRORS, VIRUSES, OR
OTHER HARMFUL COMPONENTS, AND The Manas Collective DOES NOT WARRANT THAT ANY OF THOSE
ISSUES WILL BE
CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
PRODUCTS OR
SERVICES OR The Manas Collective ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH
THE PRODUCTS AND
SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF The Manas Collective ENTITIES OR THE
PRODUCTS AND
SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU
USE ANY PORTION
OF THE PRODUCTS AND SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT
RESPONSIBLE FOR ANY
DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN
CONNECTION WITH THE
SERVICE) OR ANY LOSS OF DATA. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS
SECTION APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW.
APPLICABLE LAW IN SOME JURISDICTIONS MAY IMPLY WARRANTIES, CONDITIONS, OR GUARANTEES OR IMPOSE OBLIGATIONS WHICH PROVIDE YOU WITH CERTAIN CONSUMER RIGHTS. THESE TERMS ARE IN NO WAY INTENDED TO RESTRICT THOSE RIGHTS AND The Manas Collective DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT The Manas Collective IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
10.2 The Manas Collective meditation and child education based content for communication delays, behavioral difficulties, sensory overload, stress, sleep, focus and spiritual development should not be considered health care, a medical device, or considered medical advice. Only your physician or other health care provider can provide medical advice. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products and Services.
10.3 To the extent that you participate in any movement content featured in the Products or Services, you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that The Manas Collective has advised you of the necessity of doing so.
11. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
11.1 We are committed to complying with copyright and related laws, and we require all users of
the
Products and Services to do the same. This means you may not store any material or
content on, or
disseminate any material or content over, the Products or Services in any manner that
infringes of
third-party intellectual property rights, including rights granted by copyright law. You
may not post,
modify, distribute, or reproduce in any way any copyrighted material, trademarks, or
other proprietary
information belonging to others without obtaining the prior written consent of the owner
of such
proprietary rights. It is our policy to terminate privileges of any user who repeatedly
infringes the
copyright rights of others upon receipt of proper notification to us by the copyright
owner or the
copyright owner’s legal agent.
11.4 If
you believe that your work has been copied and posted on the Products or Services in a
way that
constitutes copyright infringement, please provide our designated agent with the
following
information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Products or Services;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
(g) Our designated agent for notice of claims of copyright infringement can be reached as follows:
By email to theThe Manas Collectivecollective@gmail.com
12. ELECTRONIC COMMUNICATIONS CONSENT
Email, text messaging, push notifications and other electronic communication (“Electronic Communications”), such as posting notices on the Products or Services allow The Manas Collective to exchange information with you efficiently in connection with the provisioning of our Products and Services, product information, appointment reminders, and links to surveys.
Your use of the Products and Services means that you agree and consent to the use of Electronic Communications as an acceptable form of communication for the purposes of receiving our Products and Services and product information. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that Electronic Communications may not be a completely secure means of communication, and there may be the potential for such communications to be accessed in storage or during transmission. We will limit the amount and type of confidential information disclosed in un-encrypted Electronic Communications in compliance with our privacy policy.
Applicable laws require that some of the information or communications we send to you should be
in
writing. You agree to transact with us electronically, and that communication with us
will be mainly
electronic. You acknowledge that all contracts, notices, information and other
communications that we
provide to you electronically comply with any legal requirement that such communications
be in writing.
You have the right to receive a paper copy of the communications. To receive a paper
copy, please
request it by emailing us at theThe Manas Collectivecollective@gmail.com Please be sure
to state that
you are requesting a copy of the particular communication.
If you wish to change your email address, phone number, or modify your preferences regarding
the use of
email and text communication, please contact us at
themanascollective@gmail.com. You can also contact
themanascollective@gmail.com to unsubscribe from further
communications.
Unsubscribing from communication may impact your ability to use the Products or
Services.
We reserve the right, in our sole discretion, to discontinue the provision of your Electronic Communications, or to terminate or change the terms and conditions on which we provide Electronic Communications. We will provide you with notice of any such termination or change as required by law.
13. INTERNATIONAL USE
You may have access to our meditation and child education based content for
communication
delays, behavioral difficulties, sensory overload, stress, sleep, focus and spiritual
development
guidance in most countries. Any additional services, included but not
limited to therapy or
psychiatry services, are provided by our partners or affiliates and your engagement with
such additional
services is governed by additional terms and policies which will be presented to you
when
applicable.
You may not export or re-export any Products except in full compliance with all Applicable Law.
You may not access to the Products or Services or any features thereof from countries or
territories
where such access is illegal, banned or restricted, including in any sanctioned
countries or
territories.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN TYPES OF WARRANTIES AND CONDITIONS OR LIMITATIONS ON CERTAIN TYPES OF DAMAGES, SO SOME OF THE DISCLAIMERS IN SECTION 10 OR LIMITATIONS IN SECTION 14.3 MAY NOT APPLY TO YOU.
14. GENERAL
14.1 ASSIGNMENT BY US
The Manas Collective may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
14.2 INDEMNITY
To the fullest extent permitted by law, you are responsible for your use of the Products and Services, and you will defend and indemnify The Manas Collective, your employer, your health plan, or provider (as applicable) and each of their respective officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “The Manas Collective Entities”) from and against any claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Products or Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any Applicable Law; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. The foregoing indemnification obligation is subject to a The Manas Collective Entity promptly informing you in writing of any such claim, demand, action, or suit; provided that any failure to so inform you will not prejudice your obligation of indemnity, except to the extent materially prejudiced thereby. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
14.3 LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MANAS COLLECTIVE BE LIABLE TO YOU
FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR
LOSS OF PROFITS,
GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR
USE OF, OR YOUR
INABILITY TO ACCESS OR USE, THE PRODUCTS AND SERVICES OR ANY MATERIALS OR CONTENT ON THE
PRODUCTS,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER
LEGAL THEORY,
AND WHETHER OR NOT ANY THE MANAS COLLECTIVE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY
OF DAMAGE.
EXCEPT AS PROVIDED IN THE ARBITRATION
CLAUSE AND TO THE
FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF The Manas Collective
ENTITIES TO YOU FOR ALL
CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF
THE PRODUCTS AND
SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS
LIMITED TO THE
GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO The Manas Collective FOR ACCESS TO AND USE
OF THE PRODUCTS
AND SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM;
OR (B) $10,000.
EACH PROVISION OF THESE TERMS THAT
PROVIDES FOR AN
ASSUMPTION OF RISK, LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF
DAMAGES IS
INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS
ALLOCATION IS AN
ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE
PROVISIONS IS SEVERABLE
AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION
WILL APPLY EVEN
IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14.4 NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
14.5 FORCE MAJEURE
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products and Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
14.6 NOTICES
Unless otherwise specifically indicated, all notices given by you to us must be given to The Manas Collective at themanascollective@gmail.com. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in these Terms. Notice will be deemed received and properly served immediately when posted on the Products or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such email was sent to the specified e-mail address of the addressee.
14.7 ENTIRE AGREEMENT
These Terms and any additional terms or policies expressly referred to in these Terms constitute the whole agreement between us and supersede all previous oral or written discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the Products and Services. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the additional terms or policies expressly referred to in these Terms. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this Section limits or excludes any liability for fraud.
14.8 THIRD PARTY RIGHTS
A person who is not party to these Terms will not have any rights under or in connection with these Terms, except as described in Section 11 (DMCA).
14.9 DISPUTE RESOLUTION & BINDING ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH
The
Manas Collective, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM The Manas
Collective, INCLUDING
A LIMITATION ON THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO
PARTICIPATE IN A CLASS
ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.
(a) Informal Dispute Resolution: We
want to address
your concerns without needing a formal legal case. Before filing a claim against The
Manas Collective,
you agree to try to resolve the dispute informally by contacting us via email to theThe
Manas
Collectivecollective@gmail.com. We'll try to resolve the dispute informally by
contacting you through
email. If a dispute is not resolved within 30 days after submission, you or The Manas
Collective, may
bring a formal proceeding.
(b)
Applicability of
Arbitration Agreement. All disputes arising out of, relating to, or in connection with
these Terms or
your use of the Products and Services that cannot be resolved informally or in small
claims court will
be resolved through binding arbitration on an individual basis, except that you and The
Manas Collective
are not required to arbitrate any dispute in which either party seeks equitable relief
for the alleged
unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
(c) Arbitration Rules. The Federal
Arbitration Act
governs the interpretation and enforcement of this dispute-resolution provision.
Arbitration will be
initiated through the American Arbitration Association ("AAA"). If the AAA is not
available to
arbitrate, the parties will select an alternative arbitral forum. The rules of the
arbitral forum will
govern all aspects of this arbitration, except to the extent those rules conflict with
these Terms. The
AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available
online at
www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted
by a single
neutral arbitrator.
If the claim is for
$10,000 or less,
the party initiating the arbitration may choose whether the arbitration will be
conducted (1) solely on
the basis of documents submitted to the arbitrator; (2) through a non-appearance based
telephonic
hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of
your billing
address. In the case of an in-person hearing, the proceedings will be conducted at a
location which is
reasonably convenient for both parties with due consideration of the ability to travel
and other
pertinent circumstances. If the parties are unable to agree on a location, the
determination will be
made by the arbitration institution.
Your arbitration
fees and your share of arbitrator compensation will be limited to those fees set forth
in the AAA Rules
with the remainder paid by The Manas Collective. If the arbitrator finds that either the
substance of
your claim or the relief sought in the arbitration is frivolous or brought for an
improper purpose (as
measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the
payment of all
fees will be governed by the AAA Rules. In such case, you agree to reimburse The Manas
Collective. for
all monies previously disbursed by it that are otherwise your obligation to pay under
the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator will
issue a reasoned
written decision sufficient to explain the essential findings and conclusions on which
the decision and
award, if any, are based. The arbitrator may make rulings and resolve disputes as to the
payment and
reimbursement of fees or expenses at any time during the proceeding and upon request
from either party
made within 14 days of the arbitrator’s ruling on the merits.
(d) Authority of Arbitrator. The
arbitrator will have
exclusive authority to decide the jurisdiction of the arbitrator, including any
unconscionability
challenge or other challenge that the arbitration provision or the Agreement is void,
voidable, or
otherwise invalid. The arbitrator will also have the exclusive authority to determine
the rights and
liabilities, if any, of you and The Manas Collective. The dispute will not be
consolidated with any
other matters or joined with any other cases or parties. The arbitrator will have the
authority to grant
motions dispositive of all or part of any claim or dispute. The arbitrator will have the
authority to
award all remedies available under Applicable Law, the arbitral forum's rules, and the
Terms. The
arbitrator has the same authority to award relief on an individual basis that a judge in
a court of law
would have. The award of the arbitrator is final and binding upon you and The Manas
Collective.
(e) Jury Trial Waiver. Except where not
permitted by
law, you and The Manas Collective. waive any constitutional and statutory rights to go
to court and have
a trial in front of a judge or a jury. Rather, you and The Manas Collective. elect to
have claims and
disputes resolved by arbitration. In any litigation between you and The Manas
Collective. over whether
to vacate or enforce an arbitration award, you and The Manas Collective waive all rights
to a jury
trial, and elect instead to have the dispute be resolved by a judge.
(f) Class Action Waiver. WHERE
PERMITTED UNDER THE
APPLICABLE LAW, YOU AND The Manas Collective AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN
YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR
CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed
invalid or
unenforceable, neither you nor The Manas Collective. are entitled to arbitration;
instead all claims and
disputes will be resolved in a court as set forth in Section 14.10 below.
(g) Opt-out. YOU MAY OPT-OUT OF THIS
ARBITRATION
AGREEMENT. If you do so, neither you nor The Manas Collective can force the other to
arbitrate. To
opt-out, you must notify The Manas Collective in writing no later than 30 days after
first becoming
subject to this arbitration agreement. Your notice must include your name and address,
and the email
address you used to set up your The Manas Collective account (if you have one), and an
unequivocal
statement that you want to opt-out of this arbitration agreement. You must send your
opt-out notice to
email addresses: theThe Manas
Collectivecollective@gmail.com
(h) Small
Claims Court.
Notwithstanding the foregoing, either you or The Manas Collective may bring an
individual action in
small claims court.
(i) Public
Injunction Exclusion.
Notwithstanding the foregoing, you may pursue a claim for public injunctive relief
either in court or
through arbitration.
(j) Arbitration
Agreement
Survival. This arbitration agreement will survive the termination of your relationship
with The Manas
Collective
14.10 EXCLUSIVE VENUE
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and The Manas Collective agree that all claims and disputes arising out of or relating to the Terms or the use of the Products and Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to the Terms or the use of the Products and Services will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and The Manas Collective consent to the personal jurisdiction of both courts.
14.11 CHOICE OF LAW
The laws of California, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims, except to the extent they are preempted by U.S. federal law. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
14.12 SEVERABILITY
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.