Terms & Conditions
Last Revised August 17, 2023.
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
The Site and Services are not for medical emergencies. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. If you are experiencing suicidal or self-harm thoughts or tendencies, you should immediately call the National Suicide Hotline at 1-800-273-8255.
Mantra and Wellround may be able to help in certain crisis situations depending on the options available to the User. Log in and navigate to On Demand Emotional Support or Crisis Resources, or otherwise call the National Suicide Hotline at 9-8-8.
You should seek emergency help or follow-up care when recommended by a Wellround Provider or when otherwise needed.
All Services are accessed on the Site through the Mantra Care Hub and Mantra Patient Portal. Users will have access to some or all features depending on the type of User and, if applicable, school contract.
Student Users access this site by virtue of an agreement between Mantra, Wellround and the Student User’s school for the provision of the Services. Eligible Student Users receive treatment from Wellround Providers through the Mantra Site.
A Direct-Pay User receives the same Services as the Student User, accesses the Site without the benefit of a school or sponsor in agreement with Mantra and Wellround and is individually responsible for payment of all fees that may be charged to the Direct-Pay User for the Services and Products.
A. Telehealth Services
We offer an online communication platform for Wellround Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies (“Telehealth Services”). The Site facilitates communication between Users and Wellround Providers relating to your care including, but not limited to, treatment plans.
Mantra does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with your care by the Wellround Providers. All care and treatment issues are between you and your Wellround Provider.
Mantra contracts with Wellround, an independent, physician-owned medical group with a network of United States based providers who provide clinical telemental health services. Wellround Providers deliver Telehealth Services to Users. Wellround Providers are independently contracted or employed by Wellround. If you are a User, the Wellround Providers, and not Mantra, are responsible for the quality and appropriateness of the care they render to You. Mantra does not make any representations or warranties about the training or skill of any Wellround Providers who deliver services via the Site or Service. You will never have a provider-patient relationship with Mantra.
The Telehealth Services are not intended to take the place of other clinicians who may have a relationship with you. Neither Mantra, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice rendered by a Wellround Provider via the Site or Service. Mantra does not recommend or endorse any specific tests, medications, products, treatments, therapies, or procedures. You acknowledge that Mantra assumes no responsibility for the risks associated with a User’s reliance on any information delivered by you via the Site or Service by the Wellround Providers. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
B. Level of Care Navigation/Assessment Visits
Users of the Site may have access to Level of Care Navigation and/or Assessment Visits. Level of Care Navigation is designed to guide Users into the right level of care for their needs and is overseen by Wellround. The Levels of Care Navigation may recommend a care category based on User-answered questions. The recommendation is not intended to be clinical guidance or a substitute for clinical guidance.
Users may also have the option to participate in an assessment visit. The goal of these visits is to determine if the User is suitable for Telehealth Services; if they are suitable, the User will be informed and can go on to book an intake session with a Wellround Provider. If they are not suitable, the User will be informed that Care Navigation will contact them to connect them with outside care.
C. On-Demand Emotional Support
Users of the Site may have access to On Demand Emotional Support (“ODES”). On-Demand Emotional Support is provided by Wellround as a crisis and on-demand emotional support Service line. ODES is appropriate for Users experiencing emotional distress due to a wide variety of mental health concerns or life experiences (e.g., relationships, anxiety, substance use, etc.), including high risk needs such as suicidal ideation, homicidal ideation, and non-suicidal self-injury.
The role of ODES is not to provide treatment for these issues, but to provide in-the-moment stabilization and risk assessment and to activate emergency services when needed.
D. Mantra HUB Website and Self-Care
Mantra makes available to certain Users access to hub.mantra.com (“HUB Website”). The HUB Website contains a centralized library of mental health resources designed to build mental health skills and self-care. The HUB Website can be accessed on-demand and covers a wide range of student needs including, inter alia, coping, problem solving, communication, healthy relationships, self- and behavioral regulation, and self-awareness. It is self-directed and not clinical in nature. The HUB Website is comprised of all materials that comprise or are otherwise a part of the HUB Website (including past, present and future versions of the HUB Website), including, without limitation: questionnaires, graphics; layout; text; instructions; images; graphs; charts; trademarks, logos, service marks; software (including HTML-based programs); audio; animations; videos; designs; technology; applications; artwork; information; data; reports; designs; compilations; advertising copy; domain names; any and all copyrightable material (including source and object code); the "look and feel" of the HUB Website; the compilation, assembly and arrangement of the materials of the HUB Website; and all other materials related to the HUB Website (collectively, "HUB Content").
Access to and use of the HUB Website is limited exclusively to Student Users who are enrolled at the universities with which Mantra has contracted. Accessing the HUB Website from jurisdictions where HUB Content is illegal is prohibited.
The HUB Website and HUB Content do not provide medical advice. YOU AGREE THAT MANTRA, ITS AFFILIATES, LICENSORS, RESELLERS, SUPPLIERS AND BUSINESS PARTNERS ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR DECISIONS RESULTING FROM THE USE OF THE HUB WEBSITE OR THE HUB CONTENT. YOUR USE OF THE HUB WEBSITE OR HUB CONTENT IS AT YOUR SOLE RISK. MANTRA PROVIDES THE HUB WEBSITE “AS IS” AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES.
E. Emotional Wellness Coaching Services
Wellround makes available Coaching Services through the Site to certain Users. The Coaching Services may include general health information or medical-related information, which is provided for general information and educational purposes only. The Coaching Services are not intended to be a substitute for professional medical advice, diagnosis, treatment, therapy, or counseling. Please do not use the Coaching Services in lieu of medical treatment
Coaching Services are provided by trained Emotional Wellness coaches (“Coaches”). Coaches do not provide therapy, medical or other professionally licensed services. Participants will be provided with access to a single coach (“Coach”) at any given time while enrolled in the program. Your use of the Coaching Services does not establish any medical professional/patient relationship with Wellround, Mantra or their affiliates. Wellround, Mantra, their affiliates, and any other third parties who promote the Services shall not be liable for any treatment or professional advice you obtain from a healthcare provider in reliance on the Coaching Services. You should always seek the advice of your physician, therapist, or other qualified health professional with any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of the Coaching Services.
Coaching Services are limited exclusively to Users who are enrolled at the universities with which Mantra has contracted or to other Users on an ad-hoc basis, at Mantra and/or Wellround’s discretion. If applicable, pricing for the Coaching Services will be presented to you upon enrollment into the Coaching Services program. Mantra and Wellround may offer the Coaching Services without charge under a pilot program, which may be ended at any time by Mantra and Wellround in their sole discretion. Mantra and/or Wellround may set limits on a User’s ability to access and use the Coaching Services at the sole discretion of Mantra, Wellround, and the organizations that Mantra and/or Wellround partner with to make Coaching Services accessible to Users. Wellround and Mantra may also discontinue the Coaching Services at any time and for any legal reason.
Access to and use of the Coaching Services is limited exclusively to Users who meet certain eligibility criteria. The eligibility criteria for Coaching Services are at Wellround and Mantra’s sole discretion. Wellround and Mantra may refuse to provide Coaching Services to any individual and for any legal reason.
2. Availability of Services
Mantra and the Wellround Providers operate subject to state and federal regulations. If you are a Student User and located off-campus and in another state or outside of the United States, the Services may not be available to you. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Services are not available to Student Users located outside the United States. Accessing the Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
Access to and use of the Site and/or the Services is limited exclusively to: (A) Student Users who are: (1) enrolled at the universities with which Mantra has contracted; and (2) located in a state where the Services are available at the time Services are to be rendered, and (B) Direct-Pay Users who are: (1) over the age of majority in the state where you are located (usually 18 in most states); and (2) located in a State where the Services are available at the time Services are to be rendered.
3. Ordering and Purchasing of Services or Products
A. Typographical Errors and Incorrect Pricing
In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Products and/or Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
B. Online Payments
You may be able to purchase Services and Products on the Site. To the extent that you are able to make such purchases, we accept credit and U.S. debit cards. If a credit card account is being used for a transaction, Mantra may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that: (a) any credit card, debit card, and bank account information you supply is true, correct, and complete; (b) you have sufficient authorization to use any applicable credit card, debit card, or bank account to make online payments; (c) charges incurred by you will be honored by your credit/debit card company or bank; and (d) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes.
4. Eligibility; Site Access, Security and Restrictions; Passwords
If you are a User, in order to access the Site and the Services, you represent and warrant that you are 18 years old or older or otherwise have adequate authority and capacity to consent to use the Site and the Services under applicable state laws, federal laws or the authorization of a parent or legal guardian who agrees to be bound by these Terms (or have approval to treat from Mantra/Wellround). If you are a User, you agree to fully, accurately, and truthfully create your Mantra Account (“Account”), including, but not limited to, your name, mailing address, phone number, email address, and password, which become your login credentials. The login credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your login credentials, and for all activities that occur under such login credentials. You agree to prohibit anyone else from using your login credentials and agree to immediately notify Mantra at email@example.com of any actual or suspected unauthorized use of your login credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Mantra at any time with or without cause.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or Content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Mantra will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to the Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by Mantra.
From time to time, Mantra may record consultations or interactions on the Site for quality assurance or training purposes. You consent to recording for that purpose when using the Site.
5. Privacy Practices
6. Electronic Communications
When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that: (a) all agreements and consents can be signed electronically; and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Mantra or a Wellround Provider may contact you by telephone, mail, or email to verify your account information. Mantra or a Wellround Provider may request further information from you and, if you are a Student User, your University, and you agree to provide such information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
7. Consent to Receive Calls and Text Messages
By providing your mobile number, you are agreeing to be contacted by or on behalf of Mantra at the mobile number you have provided, including calls and text messages, to receive informational, or Service related communications (e.g., progress tracking, reminders, etc.), and communications relating to the Site and Services. Message and data rates may apply. To stop receiving text messages, text the word STOP in response to the text message. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.
8. Intellectual Property; Ownership of The Site, Content, and Related Materials; Additional Restrictions
Subject to applicable law, Mantra and Wellround, as applicable, retain all right, title, and interest in and to the Site, Services, content (including but not limited to the Coaching and HUB Content), and any information, products, documentation, material available for download, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Mantra and Wellround (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of Mantra and Wellround, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Mantra’s and/or Wellround’s trademarks, service marks, and logos are strictly prohibited without the prior written permission of Mantra and/or Wellround, as applicable. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by Mantra, Wellround, or the third-party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow. The Site is protected by United States and international copyright and trademark laws.
You are permitted to use the content, resources, and information on the Site (“Content”) only in connection with the Site and are prohibited from making any alterations, additions or other modifications to the Content. You are expressly prohibited from using the Content commercially or for monetary or other reward. Unauthorized use of Content may be a violation of federal and state laws and could result in civil and criminal liability. Nothing contained in these Terms will affect, impair, or limit in any way Mantra's or its affiliates’ rights to exploit fully any or all of the Content. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING, OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED.
You may provide suggestions, comments, or other feedback (collectively, “Feedback”) to Mantra with respect to its products and services, including the Services. Feedback is voluntary. Mantra may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant Mantra an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with Mantra’s business, including the enhancement of the Services.
9. Accuracy of Information; Functionality
Although Mantra attempts to ensure the integrity and accuracy of the Site and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions, and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Mantra at firstname.lastname@example.org so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Mantra shall have no responsibility or liability for information or content posted to the Site from any non-Mantra affiliated third party.
Mantra and Wellround each reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services, among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.
10. Links to Other Sites
Mantra and Wellround make no representations whatsoever about any other website that you may access through this Site. When you access a non-Mantra site, please understand that it is independent from Mantra and Wellround, and that Mantra and Wellround have no control over the content on that website. Descriptions of, references to, or links to products, services or publications within the Site do not imply endorsement of that product, service or publication. It is up to you to take precautions to ensure that whatever you select for your use or download is free of items such as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. Mantra and its affiliates do not control any of these third party websites or services, or any of their content. Accordingly, you understand and agree that neither Mantra, Wellround nor their affiliates are responsible for your use of these third party websites or services, and that your use of such Sites, streams, or services is subject to the terms and conditions established by such third parties. Mantra reserves the right to terminate a link to a third party website at any time.
The HUB Website may provide links to certain websites, videos, services and features that are provided by third parties. Functionality on the HUB Website may also permit interactions between the HUB Website and a third party website or online feature, including functionality that allows you to connect the HUB Website or your profile on the HUB Website with a third party website. For example, the HUB Website may include features enabling you to indicate on a third party website or service that you “like” certain HUB Website content, to share HUB Website content on a third party website or service, to log-in to the HUB Website using your username and password for a third party website or service, to transmit content to the HUB Website from your account on a third party website or service, and to otherwise connect the HUB Website to a third party website or service. Using this functionality may require you to login to your account on the third party website, and you do so at your own risk.
11. User Information
If you submit, upload, post, or transmit any health or psychiatric information, medical and psychiatric history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that: (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Mantra and Wellround that you have the legal right and authorization to provide all User Information to Mantra and the Wellround Providers for use as set forth herein and required by Mantra and the Wellround Providers.
If you are a User, in the event that Mantra and/or Wellround de-identifies and anonymizes your information such that it is no longer considered PHI or PII, and as such, does not contain any reference to you as a User, you give to Mantra and Wellround full rights to use modify, adapt, enhance, create derivative works and/or other improvements, transmit and distribute this de-identified and anonymized information and perform all acts with respect to said as may be necessary to provide the Services. Mantra may collect, compile and use this de-identified and anonymized information for purposes including but not limited to analytics, research, preparation of case studies and other educational and research related publication and usage. Mantra and Wellround will neither sell nor commercially market this de-identified and anonymized information.
You agree not to: (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Mantra, including by altering the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect personal information about any other individual who uses the Site or the Services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties; and (xi) audio or video record any component of sessions with any Mantra employee or Wellround Provider, coach, or employee.
You agree to defend, indemnify, and hold harmless Mantra and the Wellround Providers from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.
12. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Mantra respects the intellectual property rights of others and expects its Users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Mantra’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Copyright Notice") complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed.
2. 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.
3. Provide your mailing address, telephone number, and, if available, email address.
4. 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."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Copyright Notice, with all items completed, to our Copyright Agent:
Mantra Health, Inc.
c/o Primary Co-working
26 Broadway #356
New York, NY 10004
13. CAN-SPAM Act and Telephone Consumer Protection Act Compliance
Mantra and the Wellround Providers are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in Section 7, above (“Consent to Receive Calls and Text Messages”). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at email@example.com.
You shall not market, promote, or solicit Mantra products or services in ways that would violate the CAN-SPAM ACT, the TCPA, or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.
14. Disclaimer of Warranties
MANTRA DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. MANTRA DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SERVICES, AND LINKED WEBSITES. MANTRA DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY MANTRA OR WELLROUND ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY MANTRA, WELLROUND OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. MANTRA AND WELLROUND DO NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. WELLROUND PROVIDERS DO NOT PRESCRIBE DEA CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. MANTRA AND WELLROUND DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
THE HUB WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL HUB CONTENT, INFORMATION, LINKS, PRODUCTS, SERVICES, AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE HUB WEBSITE) ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MANTRA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, MANTRA AND ITS AFFILIATES DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE HUB WEBSITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE HUB WEBSITE (OR THE SERVER(S) THAT MAKES THE HUB WEBSITE AVAILABLE) IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE HUB WEBSITE AND YOUR RELIANCE THEREON.
15. Limitation of Liability Regarding Use of Site
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
MANTRA AND WELLROUND (INCLUDING THE WELLROUND PROVIDERS) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MANTRA TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
16. No Third-Party Rights
18. Dispute Resolution; Arbitration Agreement
We will try work in good faith to resolve any issue you have with Site, including Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
If you desire to assert a claim against Mantra or Wellround, and you therefore elect to seek arbitration, you must first send to Mantra, by certified mail, a written notice of your claim ("Notice"). The Notice to Mantra should be addressed to:
Mantra Health, c/o Primary Co-working, 26 Broadway #356, New York, NY 10004 ("Notice Address"). If Mantra or Wellround desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Mantra or Wellround, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Mantra or Wellround and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Mantra or Wellround may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Mantra or Wellround or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Mantra receives notice at the Notice Address that you have commenced arbitration, Mantra or Wellround may reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.
YOU AND MANTRA AND WELLROUND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Mantra and Wellround agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
19. Force Majeure
To the extent applicable, you will obtain Mantra’s prior written consent to any settlement or judgment in which you agree to any finding of fault of an Indemnified Party or defect in the Site or Services. Mantra will promptly notify you in writing of any claim subject to this indemnification, promptly provide you with the information reasonably required for the defense of the same and grant you exclusive control over its defense and settlement.
22. Revisions; General
Copyright/Trademark Information. Copyright ©2023 Mantra Health, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
How to Contact Us:
Mantra Health, Inc.
c/o Primary Co-working
26 Broadway #356
New York, NY 10004
Telephone: +1 800 464-2083