Terms & Conditions
Terms and Conditions
Agreement between User and www.themysticmala.com
Welcome to www.themysticmala.com. The www.themysticmala.com website (the "Site") is comprised of various web pages operated by The Mystic Mala, LLC ("The Mystic Mala"). www.themysticmala.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.themysticmala.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Mystic Mala (www.themysticmala.com) is an E-Commerce Site.
The Mystic Mala provides handmade jewelry, including necklaces, earrings, bracelets, ankle bracelets, charms and other jewelry items. The Mystic Mala provides instantly downloadable digital products: meditations, guided imagery and affirmations. The Mystic Mala provides coaching programs and Interactive Guided Imagery(sm) sessions, which are available by Skype or phone. In addition, The Mystic Mala is a membership site, providing on-line forums for members to comment on jewelry purchases, occasional survey/questionnaires, a blog, occasional newsletters and member-only offerings.
Privacy
Your use of www.themysticmala.com is subject to The Mystic Mala's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Privacy Policy
Electronic Communications
Visiting www.themysticmala.com or sending emails to The Mystic Mala constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Mystic Mala is not responsible for third party access to your account that results from theft or misappropriation of your account. The Mystic Mala and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
The Mystic Mala does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.themysticmala.com only with permission of a parent or guardian.
Modifications To Services And Prices
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of Services.
Cancellation/Refund Policy
If you are unhappy with your jewelry purchase, please let us know within 10 days of receiving your package. We want our clients to be satisfied and will try to solve the situation in the best way we can. If you'd like to return your item for a refund (any custom pieces, such as hand-stamped jewelry or malas are excluded and are not returnable), your return will be issued in the same form of payment as you used when checking out. Please allow up to 10 days for your return to show up on your credit card statement. When sending your purchase back, please be sure to wrap and pad it securely to prevent any damage during shipment. Please let us know why you are returning your item by email or sending us note with your return. Your feedback helps us improve our products and services. Please note you are responsible for any shipping or postal fees you incur when shipping returns and exchanges back to us. We do not offer refunds on instantly downloadable products, however, if your download is faulty, please let us know and we will replace it. Please contact us at lisa@themysticmala.com with any questions.
If you refuse a shipment from The Mystic Mala, you are responsible for the original shipping charges, any import fees that are incurred on the package, and the cost of returning the package to The Mystic Mala. This amount will be deducted from your merchandise refund. If the return fee exceeds the amount of the merchandise plus shipping costs, the package will be abandoned and you will not be refunded.
Repairs
If your mala, necklace or bracelet breaks within the first 30 days of your purchase date, we will restring it without any charges. Please email lisa@themysticmala.com and please see above instructions for how to return your item. We will need a copy of your original payment confirmation to ensure your item qualifies for free repair. If your item was a limited edition, we may not be able to find the exact gemstones used in your original purchase, however, we will do our best to recreate your piece. Please note repairs can take up to six weeks to complete. We are not responsible for items damaged while in transit or lost in transit. WE ONLY RESTRING PURCHASES FROM THE MYSTIC MALA.
If your hand-knotted mala, necklace or bracelet breaks after 30 days from purchase, we are happy to re-knot your Mystic Mala mala or necklace for a fee of $35 USD + and knotted bracelets for $20 USD + applicable taxes. If your unknotted mala, necklace or bracelet breaks after 30 days from purchase, we will restring your unknotted mala or necklace for a fee of $25 USD and unknotted bracelets for $10 USD + applicable taxes. You can arrange your Mala/Necklace/Bracelet Repair at www.themysticmala.com. Please email lisa@themysticmala.com and please see above instructions for how to return your item. We are not responsible for items damaged while in transit or lost in transit. Remember to include your correct return address, plus a copy of your original payment confirmation. If your item was a limited edition, we may not be able to find the exact gemstones used in your original purchase, however, we will do our best to recreate your piece. WE ONLY RESTRING PURCHASES FROM THE MYSTIC MALA.
Please send your broken item to:
The Mystic Mala, LLC
15707C Coit Road, Suite 114
Richardson, Texas 75248
Policies and Guidelines for Coaching/Interactive Guided Imagery(sm)Sessions:
All Coaching and Interactive Guided Imagery(sm)sessions are offered on a pre-paid basis. Payment must be completed when the session is scheduled or it will be automatically cancelled unless other arrangements have been made. The Mystic Mala, LLC does not accept bank or wire transfers for payments, no exceptions. You will receive an email confirming your appointment after you have scheduled it, and another email 24 hours prior to your session, reminding you of your upcoming appointment. Please check the email account used to create your profile, as it is the one that your appointment emails, as well as any coaching notes (if any), will be sent to.
Process: Sessions may not be shared with others or split. You will call Lisa Busbee at the Skype address provided by email at your scheduled time, once payment has been made. Skype is used for client calls; however, a regular phone must be used if the call is dropped more than twice in a session. Any long distance charges are client’s responsibility. Lisa Busbee is in the US Central time zone. Time zone differences can be verified at: www.timeanddate.com. It is your responsibility to know the proper appointment time. If you call at the incorrect time or are more than 10 minutes late, you will have to re-schedule your session. A link is available in your appointment confirmation email. Please give 24 hours’ notice if you know you will miss your session. If you are more than 10 minutes late, you can re-schedule at a later date or use the remaining time in your time slot. You will not be able to go over your time if you are late, as there are generally other clients after your session. Refunds are not given on completed coaching and Interactive Guided Imagery(sm) sessions. There are no exceptions to this policy.
Coaching/Interactive Guided Imagery(sm) Disclaimer:
Lisa Busbee is a certified Coach for Life and Interactive Guided Imagery(sm) Practitioner. Information provided in Coaching/Interactive Guided Imagery(sm) sessions by Lisa Busbee is notintended or implied to serve as or replace medical, mental or therapeutic advice, diagnosis or treatment. Although Lisa Busbee is a Licensed Master Social Worker in the state of Texas, she is not practicing as a Mental Health Provider nor is she a Medical Provider/Professional of any kind. Lisa Busbee is not and does not hold herself out to be a doctor/physician, psychiatrist, nurse, physician’s assistant, advanced practice nurse or any other medical professional. Lisa Busbee does not hold herself out to be a registered dietician or licensed nutritionist, or member of the clergy. Lisa Busbee does not provide health care, medical or nutritional therapy services, or attempt to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. You agree and acknowledge that Lisa Busbee is not providing medical advice/counseling/therapy or mental health advice/counseling/therapy or religious advice in any way. You agree the information provided in or through the Site or by Lisa Busbee pertaining to your mental health, wellness, exercise, relationships, business, career, choices, finances, or any other aspect of your life is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. You should notuse the information or products provided to diagnose or treat any health issues, illnesses or diseases. If you have or suspect you have a physical or mental health issue or therapeutic problem, you should consult with your physician, nurse practitioner, physician assistant, therapist, mental health provider or other licensed or registered health care professional.
Medical and Therapeutic Disclaimer:
Content, products (including use of gemstone properties & descriptions, digital downloads, etc) and services (including coaching and Interactive Guided Imagery(sm), etc.) provided by The Mystic Mala website or by Lisa Busbee are not intended or implied to serve as or replace medical, mental or therapeutic advice, diagnosis or treatment. You should not use the information or products to diagnose or treat any health issues, illnesses or diseases. The Site and Lisa Busbee do not provide any medical or therapeutic advice, or health care or nutrition therapy services or attempt to diagnose, treat, prevent or cure in any manner whatsoever any physical illness, disease or condition or any mental or emotional issues. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, therapist, mental health provider or other licensed or registered health care professional.Do not disregard professional medical advice or delay seeking professional advice because of information you have read on the Site or its Content, or received from us. If you have or suspect you have a physical or mental health issue or therapeutic problem, you should consult with your physician, nurse practitioner, physician assistant, therapist, mental health provider or other licensed or registered health care professional.
Brainwave Entrainment Disclaimer:
Products provided on the Site which utilize brainwave entrainment audio files should notbe used by anyone in the following categories:
- Pregnant women
- Current or past history of seizures
- Epileptic
- Wear a pacemaker
- Have serious brain injury
- Psychiatric diagnosis
- Under the age of 18.
Those currently using medications or who have a psychiatric diagnosis or who are under the age of 18, should consult a physician before use of brainwave entrainment audio files. Brainwave entrainment audio files should not be listened to while under the influence of alcohol or mood altering substances, legal or illegal. Brainwave entrainment is nota substitute for medical treatment. DO NOT LISTENTO ANY OF THE GO COACH, LLC AUDIO FILES WHEN DRIVING, OPERATING MACHINERY OR DOING ANY OTHER ACTIVITIES THAT REQUIRE YOUR FOCUS AND CONCENTRATION. Brainwave entrainment with the use of speakers can affect those within hearing distance. Please use caution when playing in the presence of other listeners.
Earnings Disclaimer
You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Site or its Content. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of the Site or its Content and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the use of the Site or its Content. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
Not Legal Or Financial Advice
The Site and Lisa Busbee are not an attorney, accountant or financial advisor, nor does she or the Site hold itself out to be. The information contained in this Website is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, the Site and Lisa Busbee cannot be held responsible for any errors or omissions, and accept no liability whatsoever for any loss or damage you may incur. Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future. You agree that the information on the Site is not legal or financial advice.
No Guarantees
Through coaching and Interactive Guided Imagery(sm), Lisa Busbee’s role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. Lisa Busbee cannot predict and does not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Site.
Links to Third Party Sites/Third Party Services
www.themysticmala.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Mystic Mala and The Mystic Mala is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Mystic Mala is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Mystic Mala of the site or any association with its operators.
Certain services made available via The Mystic Mala website are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.themysticmala.com domain, you hereby acknowledge and consent that The Mystic Mala may share such information and data with any third party with whom The Mystic Mala has a contractual relationship to provide the requested product, service or functionality on behalf of www.themysticmala.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.themysticmala.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Mystic Mala that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Mystic Mala or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Mystic Mala content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Mystic Mala and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Mystic Mala or our licensors except as expressly authorized by these Terms.
Your Conduct
You are agreeing that you will not use the Site or its Content in any way that causes or is likely to cause the Site, Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to the Site and its Content and to us.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site or its Content. You agree to use the Site and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
You must use the Site and its Content for lawful purposes only. You agree that you will not use the Site or its Content in any of the following ways:
- For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
- To send, negatively impact, or infect the Site or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
- To cause annoyance, inconvenience or needless anxiety
- To impersonate any third party or otherwise mislead as to the origin of your contributions
- To reproduce, duplicate, copy or resell any part of the Site or its Content in a way that is not in compliance with these T&C or any other agreement with us.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, pornographic, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Mystic Mala has no obligation to monitor the Communication Services. However, The Mystic Mala reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Mystic Mala reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Mystic Mala reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Mystic Mala's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Mystic Mala does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Mystic Mala specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The Mystic Mala spokespersons, and their views do not necessarily reflect those of The Mystic Mala.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Limitations on Linking and Framing
You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
Materials Provided to or Posted on Any The Mystic Mala Web Page
The Mystic Mala does not claim ownership of the materials you provide to www.themysticmala.com (including feedback and suggestions) or post, upload, input or submit to any The Mystic Mala Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you arerepresenting that you are the owner of all such materials, you are at least 18 years old and you aregranting The Mystic Mala, our affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Mystic Mala is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Mystic Mala's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Online Commerce
If you make a purchase from us on or through the Site or its Content, all information obtained during your purchase or transaction and all of the information given as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company. Please review our Privacy Policy for how we comply with securing your personal data. Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such interactions with a merchant.
Payment processing companies and merchants may have privacy and data collection practices that are different from the Site. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through the Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, please visit that merchant’s Website and click on its information links or contact the Merchant directly. You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of the Site or its Content.
Affiliates
From time to time, we may promote, affiliate with, or partner with other individuals or businesses whose programs; products and services align with ours. In the spirit of transparency, we want you to be aware that there may be instances when we promote, market, share or sell programs, products or services for other partners and in exchange we may receive financial compensation or other rewards. Please note that we are highly selective and we only promote the partners whose programs, products and/or services we respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program; product or service is appropriate for you. You are assuming all risks, and you agree that we are not liable in any way for any program, product or service that we may promote, market, share or sell on or through our Website.
International Users
The Service is controlled, operated and administered by The Mystic Mala from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Mystic Mala Content accessed through www.themysticmala.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless The Mystic Mala, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Mystic Mala reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Mystic Mala in asserting any available defenses.
Assumption Of Risk
As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of the Site that cannot be foreseen that can influence or reduce results. You understand that any mention of any suggestion or recommendation on or through the Site is to be taken at your own risk, with no liability on the part of the Site, recognizing that there is a rare chance that illness, injury or even death could result, and you agree to assume all risks.
Testimonials
The Mystic Mala, LLC may present real world experiences, testimonials, and insights about other people’s experiences with the Site for purposes of illustration only. The Mystic Mala, LLC does not solicit any testimonials. Any testimonial was given with the person’s complete explicit permission. The testimonials and examples used are of actual clients and/or coaching/Interactive Guided Imagery(sm)consultees and results they personally achieved, or they are comments from individuals who can speak to the character and/or the quality of the products and services provided by The Mystic Mala and Lisa Busbee. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Mystic Mala agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE MYSTIC MALA, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE MYSTIC MALA, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE MYSTIC MALA, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MYSTIC MALA, LLC DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF WWW.THEMYSTICMALA.COM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THE MYSTIC MALA, LLC DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE PRODUCTS AND SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE PRODUCTS AND SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
THE MYSTIC MALA, LLC WILL NOT BE LIABLE TO YOU, OR TO ANY OTHER INDIVIDUAL, COMPANY OR ENTITY, FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE OR CONSEQUENTIAL LOSS OR DAMAGES, FOR USE OF OR RELIANCE ON THE SITE. YOU AGREE THAT THE SITE DO NOT ASSUME LIABILITY FOR ACCIDENTS, DELAYS, INJURIES, HARM, LOSS, DAMAGE, DEATH, LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, MISAPPLICATION OF INFORMATION, PHYSICAL OR MENTAL DISEASE OR CONDITION OR ISSUE, OR ANY OTHER TYPE OF LOSS OR DAMAGE DUE TO ANY ACT OR DEFAULT BY THE SITE OR ANYONE ACTING AS OUR AGENT, CONSULTANT, AFFILIATE, JOINT VENTURE PARTNER, EMPLOYEE, SHAREHOLDER, DIRECTOR, STAFF, TEAM MEMBER, OR ANYONE OTHERWISE AFFILIATED WITH THE SITE, WHO IS ENGAGED IN DELIVERING CONTENT ON OR THROUGH THIS WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO AGREE IN NO EVENT SHALL THE MYSTIC MALA, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE MYSTIC MALA, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
The Mystic Mala reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Mystic Mala as a result of this agreement or use of the Site. The Mystic Mala's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Mystic Mala's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Mystic Mala with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Mystic Mala with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Mystic Mala with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The Mystic Mala reserves the right, in its sole discretion, to change the Terms under which www.themysticmala.com is offered. The most current version of the Terms will supersede all previous versions. You are responsible to periodically review the Terms to stay informed of our updates.
Your continued use of or access to www.themysticmala.com following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Contact Us
The Mystic Mala welcomes your questions or comments regarding the Terms:
The Mystic Mala, LLC
15707C Coit Road, Suite 114
Richardson, Texas 75248
Email Address:
lisa@themysticmala.com
Phone:
972-814-9948
Effective as of November 17, 2018