Terms & Conditions of Use
Last Updated: April 15, 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
These Terms and Conditions (these “Terms”) apply to the Mystiana websites located at Mystiana.com and www.Mystiana.com and all other sites, services, mobile applications, platforms and tools where these Terms appear or are linked (each, a “Site” and collectively, the “Sites”). As used in these Terms, “Mystiana”, “us”, or “we” refers to Mystiana, Hollam-Group LLC. Partnership and its affiliates.
Use of the Sites
By accessing, browsing, or otherwise using the Sites, you acknowledge and agree that these Terms apply to your use, and you agree to comply with these Terms when using the Sites. If you do not agree to be bound by these Terms each time that you use the Sites, or if you do not have the authority or capability to agree to or accept these Terms, you must not use the Sites. If you are dissatisfied with the Sites or any of their respective content, your sole and exclusive remedy is to discontinue using the Sites.
Additional terms, conditions, or restrictions may apply to some services offered on the Sites and may be found at the place where the relevant service is offered and in any FAQs related to that service (“Additional Terms”). By using those services, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms, and any reference to these Terms includes the Additional Terms. To the extent that there is a conflict between these Terms and the terms, conditions or restrictions particular to an area of the Sites, the terms, conditions or restrictions of a particular area of the Site will govern.
These Terms May Change
Unless otherwise provided, Mystiana reserves the right to modify these Terms at any time without prior notice. By continuing to use any of the Sites after we post any such changes, you agree to follow and be bound by these Terms, as modified. Accordingly, you should review these Terms for changes whenever you use the Sites.
All of the content that you see and hear on the Sites, including text, graphics, logos, designs, page headers, page footers, images, illustrations, audio clips and video clips (collectively, the “Content”), is owned by Mystiana or third parties who have licensed the Content to Mystiana. The collection, arrangement, and assembly of all Content on the Sites is exclusive property of Mystiana and is protected by United States and international copyright, trademark and other laws. Mystiana and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
The Content is intended for your personal and noncommercial use only. You may not copy, reproduce, distribute, republish, download, display, post, transmit, or create derivative works of or from the Content in any form or by any means, except as may be specifically permitted by these Terms, pursuant to Mystiana’s prior written consent, or the written consent of the respective intellectual property owner. In the event of such consent, you will acquire no right, title or interest in any downloaded Content or other materials transferred to you by any means.
User Reviews, Comments, and Submissions
We welcome your reviews, comments, suggestions and other content that you submit to us (“User Content”).
You agree that any User Content will be accurate and will not:
Violate or facilitate the violation of any law or regulation;
Violate any right of a third party, including copyright, trademark, privacy, or publicity rights;
Cause injury to any person or entity; and
Contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading.
You are solely responsible for the User Content you submit, and we assume no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant to us a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. You should not submit any User Content that you do not wish to license to us. You grant to us the right to use the name that you submit with the User Content, but we have no obligation to use the name with the User Content. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the Sites. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. We neither endorse nor are we responsible for any opinion, advice, information, or statements made by third parties. We will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted them and may not reflect our opinions.
The information on the Sites may contain errors or inaccuracies and may be incomplete or outdated. We therefore reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies, or omissions may relate to product image, product description, pricing, and availability. Pricing may vary based on the store selected.
We reserve the right to refuse, modify, or cancel any orders or portion of orders placed through the Sites. For orders paid for through the Sites, if your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account for the amount of your order.
Limitations on Quantity
We reserve the right to limit quantities to normal retail purchases (including after you submitted your order).
If you are not fully satisfied with your purchase, you may return it in accordance with our Return Policy.
Passwords, PINs and Security
If you use a password or PIN to access the Sites, you are responsible for maintaining the confidentiality of the password and PIN and for restricting access to your accounts. You accept responsibility for all activities that occur on your account or with your password and/or PIN. In the event that the confidentiality of your accounts, password, or PIN is compromised in any manner, you will notify us immediately. We reserve the right to take any and all action that we deem necessary or reasonable to ensure the security of the Sites and your account, including without limitation, terminating your account, changing your password and/or PIN, or requesting information to authorize transactions on your accounts. Notwithstanding the above, we may rely on the authority of anyone accessing your accounts or using your passwords or PIN and in no event will Mystiana be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of us under this provision, (ii) any compromise of the confidentiality of your accounts, passwords, or PINs, and (iii) any unauthorized access to your accounts or use of your passwords or PINs. You agree to defend, indemnify and hold Mystiana harmless from and against all third party claims, damages, and expenses (including reasonable attorney’s fees) against or incurred by Mystiana arising out of your use or access of the Sites or any breach of these Terms.
Colors of the products on the Sites are displayed as accurately as possible. Because the colors of products will look differently on different computer monitors, however, we cannot guarantee that your monitor’s display of any color will be the same as the color of the product received.
The Sites are intended for access and use by persons 13 years of age or older. Persons under 18 may access or use the Sites only under the supervision of a parent or guardian who agrees to be bound by these Terms. If there is a violation of this prohibition, the minor’s parent or guardian will be liable for such purchase or other violation. If you are a parent or guardian, you are charged with monitoring and supervising the use of the Sites by minors under your care. You agree to be responsible for their use of the Sites in all respects.
Links to Other Websites
Mystiana makes no representations whatsoever about any other website that you may access through the Sites. When you access a non-Mystiana website, please understand that it is independent from Mystiana, and that Mystiana has no control over the content on that website. In addition, a hyperlink to a non-Mystiana website does not mean that Mystiana endorses or accepts any responsibility for the content or use of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Sites, you do this entirely at your own risk.
THE SITES ARE OPERATED AND RUN ON AN “AS IS,” “AS AVAILABLE” BASIS. MYSTIANA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITES (COLLECTIVELY THE “SITES’ CONTENT”). TO THE FULLEST EXTENT PERMITTED BY LAW, MYSTIANA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITES AND SITES’ CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. YOU ACKNOWLEDGE BY YOUR USE OF THE SITES THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
DISCLAIMERS –– HEALTH, WELLNESS, AND NUTRITION INFORMATION
THE HEALTH, WELLNESS, AND NUTRITION INFORMATION CONTAINED IN THE SITES IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR BEFORE TAKING ANY HERBAL MEDICINES OR SUPPLEMENTS), FOLLOWING ANY TREATMENT OR REGIMEN, OR EXERCISE PROGRAM. ONLY YOUR DOCTOR CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.
THE HEALTH, WELLNESS, AND NUTRITION INFORMATION CONTAINED IN THE SITES CONCERNING HERBAL MEDICINE CONTAINS INFORMATION ABOUT HERBAL THERAPIES AND OTHER DIETARY SUPPLEMENTS, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURE AND DISTRIBUTION OF HERBAL SUBSTANCES IS NOT REGULATED IN THE UNITED STATES. YOU SHOULD DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR PRIOR TO TAKING ANY HERBAL OR OTHER DIETARY SUPPLEMENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL MYSTIANA OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MYSTIANA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MYSTIANA UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
By accessing and using the Sites, you agree that your access, use, and participation is subject to, governed by, and interpreted in accordance with the laws of the State of Michigan, United States of America, excluding its conflict of laws provisions.
Regardless of where you access the Sites, you agree that any dispute relating in any way to your visit to the Sites shall be submitted to and resolved exclusively by confidential and binding arbitration under the rules then prevailing of the court in Coldwater, Michigan, except for intellectual property claims that Mystiana may have against you.
The court shall apply Michigan law, and the award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. If any part of this arbitration provision is found to be invalid, unenforceable or illegal, the rest of this provision shall remain in effect.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Sites and to block or prevent future access to and use of all or any portion of the Sites (i) if you violate any of these Terms, (ii) for any other reason, or (iii) for no reason. We shall not be liable to you or any third party for any termination of your access to the Sites. Upon termination, these Terms will still apply.
Consent to Email Communication
When you access or use the Sites or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Sites.
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
An intentional or unintentional waiver by Mystiana of any provision in these Terms on one occasion will not be deemed a waiver of that provision on any subsequent occasion and a waiver of any provision shall not affect or alter the remaining provisions.
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on the Sites. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. Mystiana respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act, we will respond promptly to notices of alleged infringement that are reported to Mystiana’s Designated Copyright Agent, identified below.
If you are a copyright owner, authorized to act on behalf of a copyright owner, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Sites by sending us a notice (“Copyright Notice”) complying with the following requirements.
Identify the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Copyright Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Copyright Notice, with all items completed, to our Copyright Agent: