Terms of service
Mayven Terms of Use
IMPORTANT: BY PLACING AN ORDER OR USING THE SERVICES (DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES OR PLACE ORDERS.
The following instrument consists of the terms and conditions governing access to and use of POLIKI GROUP INC (the "Company" or "we") website and the content, features, services and products therein (collectively, the "Services"). These Mayven Terms of Use together with the Mayven Privacy Policy available at: https://mayven.co/policies/terms-of-service (the "Terms") constitute a binding agreement between the Company and you ("Customer" and/or "you"). By using the Services (in whole or in part) in any way or manner you hereby agree to abide by, and be bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use of the Services.
We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, we shall notify you via email or by means of a prominent notice on the Services. Before placing any order you should check if any changes were made to the Terms at the following URL: https://mayven.co/policies/terms-of-service and https://mayven.co/policies/Privacy-policy. By continuing to use the Services following such changes, you hereby agree to be bound by such changes.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE IN SECTION 15 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES, AS EXPLAINED IN SECTION 15, YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND YOU AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. No Medical Advice
You acknowledge and agree that Company does not provide any form of medical services, health care, medical opinion, medical advice, diagnosis, or treatment. The Services are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Services for diagnosing or treating any health conditions or disease, or prescribing any medication. Always seek the advice of a certified physician or other qualified health provider before taking any medication or nutritional, herbal or homeopathic supplement. Reliance on the Services is solely at your own risk, and you must first consult with your physician and ask him questions regarding side-effects, cross-effects, dosage, allergies etc. Visiting or using the Services and the use of any products or services purchased from our Services by you DOES NOT create a doctor-patient relationship between you and the Company or any health professional affiliated with us or the Services. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
The Services, products, and content are not intended to replace emergency care. In the event of a medical or mental health emergency, it is crucial to seek immediate treatment at the nearest emergency room or dial 911.
3. License
3.1 Subject to the terms and conditions set forth herein, we hereby grant to you, and you accept, a personal, non-exclusive, non-transferable, non-sub-licensable, revocable (at the sole discretion of the Company), limited license to access and make personal non-commercial use of the Services, only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof.
3.2 Any content you upload, share, or otherwise contribute to or make accessible through the Services constitutes your "User Submission", which may be visible to other users, and you bear sole responsibility for all User Submissions you provide on the Services. By submitting User Submissions, you affirm that they are accurate, comprehensive, current, and compliant with all applicable laws, rules, and regulations. You expressly agree not to post, upload, share, store, or otherwise provide through the Services any User Submissions that violate the terms specified herein. By submitting User Submissions, you hereby provide Company with a royalty-free, perpetual, sublicensable, irrevocable, and global license to translate and modify for technical purposes, reproduce, and take other actions necessary for the operation of the Services, as elaborated below. If you wish to share a Public User Submission on the Services or offer feedback, suggestions, improvements, or quality requests regarding the Services (collectively referred to as a "Public User Submission"), you grant Company the aforementioned licenses. This includes the right to display and distribute your Public User Submission to make it accessible to all Company users, and any other rights in connection with the Services and/or Company's business. Users of the Services are also provided a license to use and exercise all rights in the Public User Submission within the functional scope of the Services.
3.3 You hereby agree, that upon deleting your account, the display of your User Submissions (excluding Public User Submissions) to other users may cease; provided that the complete deletion of such content from Company's data base may not be feasible, and your User Submissions may persist elsewhere. Further, in the course of delivering the Services to users, Company may need to modify your User Submissions to conform and adapt them to the technical requirements of the Services, and you agree that the Company has the rights to carry out such adaptations. You agree, that any information or Content shared through the Services, whether publicly or privately, is the sole responsibility of the individual originating that Content. You assume all risks associated with accessing such information and Content, and we disclaim liability for any errors, omissions, damages, or losses that may arise in connection with it. By using the Services, you release us from any liability related to the acquirement of Content through the platform. You affirm that you possess all necessary rights for all Content you provide to the Services in any way, and You bear full responsibility for such Content.
Within the framework of our Services, you may expect to receive various communications, such as messages initiated by the Company, which could be transmitted through different channels, including email or SMS. Upon enrolling in our Services, a welcome message and guidance on opting out of future communications will be extended to you. By registering for the Services and furnishing your wireless number, you affirm your desire for the Company to convey information that we believe might capture your interest. This could involve the utilization of automated dialing technology to send texts to the provided wireless number. By doing so, you explicitly consent to receiving communications from the Company. You agree to indemnify and absolve the Company from any claims, liabilities, damages, losses, and expenses arising from your violation of the aforementioned terms.
Should you choose to receive direct SMS notifications to your wireless phone number, the subsequent terms are applicable: (a) Standard messaging rates imposed by your mobile provider will be applicable to both our confirmation SMS and all subsequent SMS exchanges. Opting to receive our mobile alerts is at your discretion, and message and data rates may be subject to your individual rate plan from your wireless carrier. We explicitly disclaim any responsibility for text messaging or wireless charges incurred by you or any individual with access to your wireless device or telephone number; (b) We assume no liability for delays in receiving SMS messages, as delivery hinges on effective transmission from your network operator. SMS message services are offered on an "AS IS" basis.
Data collected from you in connection with this SMS service may encompass your cell phone number, your provider's name, and the date, time, and content of your messages. This information may be utilized to contact you and fulfill the Services you request, with a commitment to never share this data with third parties, except as explicitly outlined in our Privacy Policy, available at https://mayven.co/policies/Privacy-policy.
5. SMS SERVICES TERMS OF USE
IMPORTANT: BY USING THE SMS SERVICES (DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SMS SERVICES.
5.1. Acceptance of Terms
The following instrument consists of the terms and conditions governing access to and use of POLIKI GROUP INC (the "Company", “We,” “Us,” or “Our”) SMS Services (the "SMS Services"). These Mayven SMS Terms of Use together with the Mayven Terms of Use and Mayven Privacy Policy available at: https://mayven.co/policies/terms-of-service (the "Terms") constitute a binding agreement between the Company and you ("Customer" and/or "You"). By using the SMS Services (in whole or in part) in any way or manner you hereby agree to abide by, and be bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately exit the SMS Services and cease making any use of them.
We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, we shall notify you via email or by means of a prominent notice on the Services. Before placing any order you should check if any changes were made to the Terms at the following URL: https://mayven.co/policies/terms-of-service and https://mayven.co/policies/Privacy-policy. By continuing to use the Services following such changes, you hereby agree to be bound by such changes.
5.2. Opt-In
The SMS Services encompass a range of messages related to marketing, promotions, payments, deliveries, and sales of products. These messages may include checkout reminders. In order to Use Our SMS Services and receive SMS mobile messages, Users must opt in by completing enrollment forms online or through applications. Regardless of the method of opting in. By using the SMS Services, you consent to receiving marketing mobile messages, which may be autodialed or prerecorded, at the phone number provided during opt-in. Please note that opting in does not require consent for purchasing from Us. While you agree to receive messages sent via autodialer, this does not imply that all Our mobile messages are dispatched using an automatic telephone dialing system. Standard message and data rates may apply, and message frequency may vary.
5.3. Opt-Out
Should you wish to discontinue using Our SMS Services or no longer agree to this Agreement, you may opt out by replying “UNSUBSCRIBE”, or such similar note or call to action to any mobile message from Us. Upon opting out, you may receive a confirmation message. It is imperative to note that the aforementioned keyword is the sole acceptable method for opting out. Our SMS platform may not recognize or respond to unsubscribe requests that deviate from this keyword, and We shall not be liable for such non-recognition. Any other means of opting out, including alternative keywords or verbal requests, are not considered reasonable methods of opting out.
5.4. Rates
You agree to receive messages periodically at Our discretion, with varying frequencies. The SMS Services involve recurring messages, and additional messages may be sent based on your interactions with Us. Please note, Message and data rates may apply.
5.5. Disclaimer
The Program is provided on an "as-is" basis and may not be available at all times or in all areas, especially in the event of changes made by your wireless carrier. We are not responsible for delays or failures in message receipt. Delivery of messages is subject to effective transmission by your wireless service provider. Carriers are not liable for delayed or undelivered messages.
5.6. Age Limitations
Users under thirteen (13) years old are prohibited from using the Platform. Users between thirteen (13) and eighteen (18) years old must have parental or legal guardian consent. By using the SMS Services, you confirm compliance with these age requirements and acknowledge your jurisdiction’s laws regarding platform use.
5.7. Prohibited Content
You agree not to send prohibited content over the SMS Services, including fraudulent, defamatory, objectionable, pirated, or unlawfully promoted content, as well as any content violating HIPAA or other Applicable Laws.
Thank you for reviewing and agreeing to these terms. If you have any further questions, please contact us at info@mayven.co.
6. Limitations and Representations
You hereby represent and warrant to the Company that: (a) you have, and will have at all times, all rights and consents required for your use of the Services, ordering products and providing information to Company, (b) you are at least eighteen 18 years old. Except as specifically permitted herein, you undertake and agree not to: (i) create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself or order products using someone else's means of payment without the required authorization; (ii) sell, license (or sub-license), lease, assign, transfer, pledge, or share your account or any of your rights under these Terms with/to any third party; (iii) transfer, distribute, scrap, copy all or any part of the Services or the Company IPR (as defined below); (iv) syndicate any part of the Services or refer to the Services by use of framing, Deep Linking or similar techniques; (v) make use of the Services in any jurisdiction where same are illegal or which would subject the Company or its affiliates to any registration requirement within such jurisdiction or country; (vi) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use; (vii) access the Services through or use with the Services any automated or unauthorized means, services or tools including without limitation any data mining, robots, or any other automated means or data gathering and extraction tools, including without limitation in order to extract for re-utilization of any parts of this Services; (viii) perform any act that destabilizes. interrupts or encumbers the Services or their servers or use “load testers”, that enable sending more request messages to the servers of the Services, in a given period of time, than a human can reasonably send in that time period by using the Services; (ix) copy, modify, translate, reverse engineer, decompile or disassemble any part of the Services (except to the extent applicable laws specifically prohibit such restriction), or make any attempt to discover the source code of the Services or any other software available on the Services or create derivative works thereof; (x) penetrate or circumvent or attempt to penetrate or circumvent any technical restrictions or limitations included in the Website or its servers. You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Website.
You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Services.
7. Ownership of Proprietary Rights
The Services, including without limitation any underlying data, software, platforms, algorithms, technology, application design, any information, logos, trademarks, trade-names and brands, services, texts (including articles and blogs), files, images, sound, music, videos, organization, structure, specifications, "look and feel" and features and any enhancements, improvements and derivatives thereof and all Intellectual Property Rights related thereto ("Company IPR") are the property of the Company and/or its licensors who retain all right, title and interest in connection therewith.
"Intellectual Property Rights" means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
No transfer or grant of any rights by the Company is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the Company IPR or otherwise, except for the limited license set forth in Section 2 above.
8. Orders and Payments
8.1. The prices or products and services may be changed, from time to time, at Company’s sole discretion. The price which will apply to your order, for the products and shipping, will be the price presented at the time of payment for the order. Payments are made via a third party payment processing partner (the "Payment Processing Partner"), to bill You through a billing account linked to your account on the Services. The payment processing will be in accordance with the terms and conditions of the Payment Processing Partner, as well as these terms. Our Payment Processing Partner is Stripe and you can view their Terms of Service at https://stripe.com/legal/ssa. By ordering Company's products, You agree to pay company, through the Payment Processing Partner, all charges at the prices at the time of order, through your chosen payment method. Payment shall be deemed made only once the full amount is received in Company’s account. You agree, that if Company doesn’t receive your payment, You will pay all charges due on your billing account, upon its demand. You hereby agree that Company shall not be held responsible for any errors or omissions of the Payment Processing Partner, and Company reserves the right to correct such errors or omissions the Payment Processing Partner might make, although it might has already requested or received the Payment.
8.2. Company might provide You with coupon codes, which cannot be redeemable for cash, or combined with another offer. Coupon code is limited to one use, per order. Each coupon code might expire at different redemption periods and shall not be valid after its specified redemption period, and the coupon codes limit may be changed or limited, from time to time, at Company's sole discretion. You hereby agree, not to reproduce, resale, modify or trade any coupon codes, without the Company's authorization.
8.3. Company does not warrant that the products ordered are in inventory. Company shall not be liable if the ordered items are missing from inventory and cannot be supplied, in which case Company shall notify you and cancel the order.
8.4. Company may, at its sole discretion, accept or reject customers and are not obligated to sell products to any customer.
8.5. Please note that the delivery areas may be limited. If the requested destination is not included in the delivery areas of the Services or the volume of your orders exceeds the supply capacity then we may not be able to fulfill your order. Orders may be divided between several shipments and sent from different points of origin, with different arrival dates.
8.6. Please note that in real life the product may appear differently (including, but not limited to, color and size) from the product description on the Services, including text, photos or videos, if any. If a Product offered by us is not as described, your sole remedy is to return it in unused condition.
8.7. In the event of delay or failure to receive the products that you ordered, please contact our customer support at info@mayven.co. Your sole and exclusive remedy and Company's sole and exclusive liability for failed shipment shall be to reship the products.
8.8. You may not withhold any amounts from payments made on the Services. You shall be exclusively liable and responsible for paying all customs, taxes, charges or levies applicable to your orders and their shipment.
8.9. Reports of products that arrived damaged or order discrepancies must be communicated to Company within seventy-two (72) hours of delivery in order to qualify for return. Please allow 5 – 7 business days for your refund to process. Your refund will be processed to original payment method provided at time of purchase. Please allow 7 – 10 business days to receive your replacement product, if you have requested a replacement instead of a refund. Due to item availability, some replacements may be delayed or changed to a refund.
9. SUBSCRIPTION PROGRAM.
9.1. Subscription Perks and Flexibility. Join our Subscription Program to enjoy convenient and recurring deliveries of your favorite products. Choose the frequency that best suits your needs, and keep in mind that we reserve the right to adjust program benefits, including discounts, over time. These changes will apply to future orders, including those within existing subscriptions. Price, taxes, availability, and shipping costs may also fluctuate over time.
9.2. Stay Informed and In Control. Upon enrolling in the Subscription Program for a qualifying product, you'll receive confirmation and details about your first order. Subsequent orders will automatically generate according to your chosen schedule, with notifications beforehand that include estimated shipping dates, deadlines for order modifications, and estimated pricing. Additionally, we reserve the right to terminate subscriptions at any time, with charges only applicable for shipped orders
9.3. Eligibility and Limitations. Subscription benefits are exclusive to products marked as "Subscription Eligible" and chosen with the subscription delivery method. Program availability is subject to stock. Participation is strictly personal, and assigning or transferring subscriptions or benefits to others is prohibited without Our consent. Our standard Return Policy applies to all subscription purchases. It's important to note that subscriptions are void where prohibited by law.
9.4. Payment and Billing. You will be charged the product's price at the time of order processing, which might be lower than its current listed price. Your chosen payment method will be charged for the item's price, applicable shipping and handling fees, and any relevant sales tax. Subscription renewals occur automatically until canceled. Cancellations are easily managed through your online account.
9.4.1. Try Before You Buy. Some products may be offered for a discounted price during a limited-time trial period. To purchase such products, you will need to select the "Try Before You Buy", "Try It" or similar option. Following selection, you will be charged the discounted price. In addition, the difference between the discounted amount and the full price amount will be held on your payment method by Our third party provider for the duration of the trial period.
You may return a product purchased through the "Try Before You Buy", "Try It" or similar option, only during the trial period, provided there are at least 10 capsules left, by following these steps: (i) notifying us that you do not wish to purchase the product you have tried ("Trial Cancelation Notice") by contacting us through the chat on Our website or via email to the following address: info@mayven.co, (ii) downloading the return stamp, and (iii) sending the purchased product, in its original package, back to us via mail. In such case, following receipt of the product by the Company, the amount held on your payment method will be released and not charged by us. However, if we do not receive a Trial Cancelation Notice from you during the trial period, the amount held on your payment method will be charged.
In the event that, at the time of placing the order, there are no sufficient funds in you account or sufficient credit in your means of payment so as to affect a hold of the full amount as described above, We reserve the right to cancel the order and shall provide you with an explanation as to the reason for cancellation. However, in the event that there are sufficient funds or credit in your means of payment, We may hold the full amount of purchase for either (i) the entire duration of the trial period, or (ii) for seven (7) days which will automatically renew for additional seven (7) days' periods until the expiration of the trial period. Please note that the old hold period will expire within 24 hours after the beginning of the renewed hold period. If We are unable to renew the hold period, the amount held for the full purchase price will be charged.
In order to use the "Try Before You Buy", "Try It" or similar option, you will need to provide Personal Information to the Company and Our third party provider. Accordingly, you hereby consent to your Personal Information being collected, processed, stored and used by the Company and Our third party provider and its affiliates for the purposes of (i) processing payment including all related information and data; and (ii) holding and/or releasing any payment amounts as specified above.
9.4.2. Recurring Payments. Some products are offered as subscriptions, meaning you'll be charged a one-time fee upfront followed by regular charges for continued access. These charges happen automatically each billing period (e.g., monthly) until You cancel. You can cancel anytime through your account settings, though this will not affect charges already submitted before we receive your cancellation request.
9.4.3. Automatic Renewal. By default, your subscription will automatically renew for the same term You initially chose, at the current non-promotional price. You can opt out of auto-renewal through your account settings before the renewal date. If you cancel your subscription, you'll still have access until the end of your current term but won't receive a refund for the unused portion.
9.4.4. Confirmation of Payment Authorization. By continuing to use a subscription, You confirm that we are authorized to charge your chosen payment method. You are responsible for these charges, and we reserve the right to seek payment directly from You. Charges may be applied in advance, after use, or as described when You signed up for the subscription.
9.4.5. Free Trials and Promotions. Any free trials or promotions must be used within the specified timeframe. To avoid being charged, cancel your trial subscription before it ends. If you're accidentally charged after canceling on time, please contact us at info@mayven.co.
9.4.6. Consent for Data Processing. In order to complete your order, you will need to provide Personal Information to the Company and Our partners, and you consent to your Personal Information being collected, processed, stored and Used by the Company and such partner and its Affiliates and service providers of data, from the API and the transfer of data, to and between the partner and its Affiliates and service providers (which may be in the United States or in other countries), in each case for the purposes of (i) providing the partner's platform, products or services to the Company and You, (ii) facilitating the provision of new products, updates, enhancements and other services, (iii) improving the API, and (iv) providing new products, services or technologies to the Company, You, and customers of such partner and its Affiliates, in accordance with the relevant privacy policies of the Company and such partner. Our application may incur data usage charges in varying amounts, based on variable factors which include the number of interactions of Our application with the Solution.
9.4.7. Modifications. You acknowledge that Our partners may make changes to its policies and terms and conditions at any time. You are responsible for reviewing these terms and conditions each time you make an order. If You do not agree to any change in the terms and conditions, you must not complete your Order. If You place and Order after the effective date of a change, such Order will constitute your agreement to the change and to the current terms and conditions.
10. Third Party Content and Services.
The Services and/or the SMS Services may include links that lead to outside products, services and/or resources of third parties and Company does not screen, monitor or control such products, services and/or resources and the content therein. Any concerns regarding any such third party product, service or resource should be directed to such particular third party offering such product, service or resource. The Company is not, and shall not, be liable or responsible for any third party product, service and/or resource or any content therein and does not promote, recommend, or endorse third party content. Should you leave the Services or SMS Services via a link and/or view or relay on content that is not provided by the Company, you do so at your own risk. In as much as you are redirected to linked websites, applications and/or content, We recommend you to carefully read and abide by the terms of use and privacy policies of such applications, websites and content.
11. Privacy
The Company’s Privacy practices are governed by Mayven’s Privacy Policy, the most updated copy of which can be found at https://mayven.co/policies/Privacy-policy ("Privacy Policy").
12. Disclaimer
THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, OTHER THAN THE WARRANTY EXPLICITLY STATED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE PRODUCTS WILL BE AVAILABLE FOR SHIPMENT OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKE(S) THESE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR PRODUCTS INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES AND/OR ANY OF THE COMPANY IPR.
PLEASE CONSULT YOUR PHYSICIAN BEFORE TAKING ANY SUPPLEMENTS OR STARTING ANY DIET OR EXERCISE PROGRAM. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED WITH THE PRODUCTS AND ALL LABELS BEFORE USING ANY PRODUCT. YOU MUST NOTE THE EXPIRATION DATE AND STORAGE INSTRUCTION OF THE PRODUCTS. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMPANY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO THE PRODUCTS, YOUR USE OF THE SERVICES, OR RELIANCE ON ANY OF THE FOREGOING, OR TO ANY ERRORS, INACCURACIES, OMISSIONS OR DEFECTS, OR ANY OTHER FAILURE TO PERFORM BY THE COMPANY. WITHOUT DEROGATING FROM THE FOREGOING, IF COMPANY WILL BE FOUND LIABLE OR RESPONSIBLE BY A COMPETENT AUTHORITY, UNDER ANY LEGAL THEORY, COMPANY'S AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNTS THAT YOU PAID THROUGH THE SERVICES DURING THE PRECEDING SIX (6) MONTHS PERIOD.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Termination
We may suspend your right to access or use any portion or all of the Services immediately (including without limitations the license set forth in Section 2 above) and suspend or block you from placing orders, at our sole discretion without notice, including without limitation in the event of a suspected breach, violation of laws or fraud. The provisions of the following Sections shall survive: 1, 3.2, 3.3, 4-17.
15. Arbitration, Class Waiver, and Jury Waiver
15.1. Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis ("Disputes"), except that you and the Company are not required to arbitrate any dispute for enforcement or infringement of either party's Intellectual Property Rights ("Excluded Disputes"). Any and all Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.
15.2. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any Disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For Disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
15.3. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
15.4. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and the Company. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
15.5. Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, OTHER THAN IN RESPECT OF EXCLUDED DISPUTES. You and the Company are instead electing to have claims and disputes resolved by arbitration. In any litigation between you and the Company over whether to vacate or enforce an arbitration award, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
15.6. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 12.12 below.
15.7. Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
15.8. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
15.9. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor the Company can force the other to arbitrate. To opt out, you must notify the Company in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, the email address and phone number you provided through the Services when you registered or made a purchase, and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to this address: info@mayven.co
15.10. Small Claims Court. Notwithstanding the foregoing, either you, or the Company may bring an individual action in small claims court.
15.11. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with the Company.
15.12. Venue for Excluded Disputes. Excluded Disputes shall be governed by and construed exclusively in accordance with the laws of the state of Delaware, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the competent courts in The United States District Court for the District of Delaware in Wilmington, DE in respect of Excluded Disputes and hereby submit themselves to the exclusive jurisdiction of these courts.
15.13. U.N. Convention. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded, whether the claim is in arbitration or at court.
16. General
If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (ii) you acknowledge and agree that the Company has the right, at any time and for any reason, to redesign or modify the Services and catalogue of products; (iii) these Terms are the entire agreement between you and the Company regarding the subject matter herein; (iv) the Company may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of the Company. Any unauthorized assignment will be void and of no force or effect; (v) no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and the Company any rights, remedies or other benefits under or by reason of these Terms; (vi) the Company's failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by the Company as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (vii) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (viii) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN ESPECT THEREOF.
17. State-Specific Regulatory Compliance
In our continued commitment to adhering to applicable telemarketing and Do Not Call regulations, we may infer your residency based on the area code you utilized upon enrollment in our program. However, to maintain legal compliance across diverse jurisdictions, we encourage you to notify us in writing if you reside outside the state associated with your area code.
For residents of Florida, we diligently strive to conform to the provisions of the Telemarketing Act and Do Not Call Act. In accordance with these statutes, messages initiated by you, including keyword responses, opt-in confirmations, support requests, unsubscribe notifications, and shipment updates, shall not be classified as "telephonic sales calls" as defined under Florida Statute Section 501, assuming all other relevant legal stipulations are met.
Within the jurisdiction of Washington, we meticulously follow the commercial telephone solicitation mandates outlined in the Revised Code of Washington, specifically sections 80.36.390, 19.158.040, 19.158.110, and 19.158.
Residents of Oklahoma are protected by the Telephone Solicitation Act of 2022. Analogous to Florida, messages you originate, akin to those previously enumerated, are exempt from being deemed "telephonic sales calls" as defined under Oklahoma Statutes Title 15, sections 775C.1 to 775C.5, provided other pertinent legal requirements are satisfied.
Please note that participation in Our SMS Services remains available regardless of your state of residence. However, to guarantee adherence to diverse legal frameworks, We kindly request written notification in the event you reside outside the state associated with your area code.
If you have any further questions or require further clarification, please contact us by sending an e-mail to: info@mayven.co.