Please read these terms and conditions carefully. They contain important information regarding your legal rights and obligations, as well as limitations or exclusions that may apply to you.
Introduction to MINDFUL ELIXIR
Welcome to Mindful Elixir. This Terms of Use Agreement (“Agreement”) outlines the agreement between Mindful
Elixir, its parent, subsidiaries, and other affiliated companies (which will be collectively referred to as “Mindful
Elixir”, “we”, “our”, or “us”) and each user (“you” or “user”). This Agreement applies to your use of our website,
mobile site, emails, newsletter, or other published or distributed information, and all other sites or apps in use by
Mindful Elixir (collectively, the “Sites”), including all other guidelines and policies posted on this website, such as
the Return Policy.
Your use of the Sites confirms your unconditional acceptance of these terms and conditions. If you do NOT accept
these terms and conditions, do NOT use the Sites.
The terms of this Agreement may be changed at any time. Visit this page to review current terms and conditions
which are binding on you.
Products, Content, and Features
All content, specifications, products, prices, features, and services described or depicted on the Sites are subject to
change at any time, without notice. This includes the weights and dimensions of individual products sold on this
site. The inclusion of products on the Sites does not guarantee availability at all times. We may limit order quantity
or change prices and promotions at any time without notice.
We do our best to update product information on our Sites to be accurate, but some product formulations,
packaging, and product information available on our Sites may contain additional details or differ from the product
you receive. We recommend that you do not only rely on our Site information. Before starting the use of any
product sold within the Sites, carefully read all information provided by the manufacturer of the product, including
the product labeling, packaging, ingredients, allergens, warnings, and information contained upon their site.
The products and information contained on the Sites, including claims made about specific products on or through
this site, have not been evaluated by the United States Food and Drug Administration. The Sites are for
information purposes only and are not intended to provide medical advice, diagnosis, or treatments. You should
always consult with your medical care provider or health care professional regarding any medical concerns,
diagnosis, or treatment options, including when you start, stop, or modify medications, supplements (nutritional,
herbal, or homeopathic), or treatments.
Governing Law
By placing an order through the Sites, you are agreeing that the products ordered will be used only in a lawful
manner, and have been lawfully purchased under local, state, federal, and/or international laws. You also agree to
only purchase products for personal use and not for resale.
Trademarks and Site Content
Trademarks, trade names, catchphrases/taglines/mottos, service marks, and logos used or displayed on the Sites
are registered and unregistered trademarks, trade names, and service marks/catchphrases/taglines/mottos of
Mindful Elixir, and its affiliates. If you wish to use this, you must request written permission from Kristina or Greg
Acosta. If such consent is not given, anyone found to be infringing on registered or unregistered trademarks, trade
names, service marks, or any other form of branding will be subject to legal action.
Account and Security
- Privacy Policy: By using this site, we reserve the right to use information regarding your use of any of the Sites, account registration information, and any other personal information provided by you.
- Purchases: By submitting payment information during a purchase process, you agree to the terms of the Purchase Policy, which is incorporated into this Agreement.
- Returns Policy, Refunds, and Warranties: Products purchased by you directly from Mindful Elixir and affiliated sites are subject to our Refund Policy. Issues arising from the purchase of products must be remedied with the manufacturer of in accordance with the manufacturer’s or supplier’s warranties, aside from those circumstances outlined in our return policy.
- Third-Party and Affiliate Links: By clicking on any outgoing links on our website, you will leave the Sites. Links to external sites are provided only as a convenience to provide further valuable, helpful, or educational information. We do not control or endorse any third-party sites. Should you click or choose to purchase goods or services through any of the links to third parties provided on the Sites, Mindful Elixir will not be liable or responsible for any content, products, or services provided on the external website.
- Site Usage and Termination of Usage: In order to make a purchase using the Sites, you are required to establish an
account, which may include, but may not be limited to, the following; a username, email address, password, full
name, address, and phone number. Please note that the Sites are intended for adult use. Children under the age of
18 should not register accounts. If you provide information on any of our Sites, you are required to provide and
maintain information that is accurate, current, and complete about yourself in order to complete the purchase. If
you provide information that is considered false, inaccurate, outdated, or incomplete, we have the right to
suspend or terminate your account. We may also, at our discretion, prohibit you from any and all current or future
use of the Sites. You are solely responsible for maintaining the confidentiality of the password and username
information, and you are likewise responsible for all activities that occur in your account. All charges resulting from
your account, including unauthorized use of your account, are your responsibility.
- You agree to use the Sites only for lawful purposes, and you agree not to post or transmit through the Sites any unlawful, defamatory, vulgar, profane, offensive, hateful, or questionable material of any kind. Mindful Elixir will not be liable or responsible for any of the content users post to this site, including opinions or any suggestions that may or may not be perceived as medical advice. All posting of content, in any form, is entirely voluntary.
- You also agree that you will, under no circumstances, access any of the Sites by any means except those provided by Mindful Elixir interface in the ways it is intended to be used. You will not create or maintain a link from another page to any page on any of the sites, create or maintain a link from our website to any third party website without first obtaining the written authorization of Mindful Elixir to run or display ads or information or material through the Sites without written consent from Mindful Elixir.
- Visitors who choose to use this Site from any country outside the United States do so on their own initiative and are solely responsible for compliance with any laws of their country of residence or current location.
- Content Ownership and Distribution: By posting content on the Sites (for example, comments or reviews), you grant Mindful Elixir full rights to the content posted, royalty-free, perpetual, irrevocable, and we have full sublicensable rights and license to use, reproduce, modify, publish, combine, distribute, and display the content in whole or in part on any of the Sites as we see fit. Mindful Elixir is entitled to unrestricted use of any user content we receive from you through the Sites for any purpose whatsoever, including commercial use, without compensation to you, the user.
- Disclosure of User Information By Law: Through your use of the Sites, you acknowledge and agree that Mindful Elixir may preserve user content and information, and will also fully cooperate with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose information about a user, including the user’s identity, transmissions over networks, the devices used to connect to networks, and any other pertinent information regarding your connection to the Sites. Limitations of Liability: In no case shall Mindful Elixir, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- SMS Terms of Use: When you enroll in our mobile text messaging program, you authorize the automated marketing software to send messages to you. We are not responsible for the wireless carrier message and data rates that may apply. You may opt-out at any time by following the instructions to do so in the text messages received. Coupons and offers have no cash value, cannot be applied to prior purchases, cannot be used to purchase gift cards, and are limited to one per account holder, excluding the cost of shipping, handling, taxes, and other relevant fees.
- Service and Product Reviews: After your purchase is complete, your email will be utilized to send you a chance to leave a review for our company. This review request will be generated by CusRev.
- Termination of Agreement: This Agreement is effective unless and until it is terminated by Mindful Elixir or by yourself. You may terminate this Agreement at any time by your choice to discontinue use of the Sites. We reserve the right to terminate or suspend this Agreement at any time, without prior notice, and deny you access to the Sites. Please note that your user activity, order history, and other relevant information will survive this termination as required by law, for your convenience, or at our discretion.
Applicable Law; Jurisdiction; Dispute Resolution
You are waiving your right to sue or go to court. Any dispute proceedings will be conducted only on an individual
basis or with binding arbitration and not in a class, consolidated, or representative action. Multiple claims may not
be combined into a single case, whether from one or more than one individual. Mindful Elixir shall be permitted to
assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or
consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights
and/or obligations under these Terms. These Terms, including any legal notices and disclaimers contained on this
Website, constitute the entire agreement between Mindful Elixir and you in relation to your use of this Website,
and supersede all prior agreements and understandings with respect to the same. These Terms will be governed by
and construed in accordance with the laws of the State of North Carolina, and you submit to the non-exclusive
jurisdiction of the state and federal courts located in North Carolina for the resolution of any disputes.
Not Healthcare Advice
This site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and
other content provided on and through this Site, including information that may be provided on the Site directly or
via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes
only. Please consult with your physician or other healthcare professional (collectively, "Healthcare Professional")
regarding any medical or health-related diagnosis or treatment options.
The products and the claims made about specific products on or through this site have not been evaluated by the
United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. The
information provided on this site is for informational purposes only and is not intended as a substitute for advice
from your physician or other health care professional or any information contained on or in any product label or
packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for
prescription of any medication or other treatment. You should consult with a healthcare professional before
starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect
you might have a health problem.
None of the Sites are not intended to provide medical advice, diagnosis or treatment. The products, information,
services and other content provided on and through any of the Sites, including information that may be provided
on any of the Sites directly or via linking to third-party sites by a healthcare or nutrition professional, are provided
for informational purposes only. Please consult with your physician or other healthcare professional (collectively,
"Healthcare Professional") regarding any medical or health-related diagnosis or treatment options. The
information provided on any of the Sites and Linked Sites (as defined), including information relating to medical
and health conditions, products and treatments, is often provided in summary or aggregate form. Again, it is not
intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any
product label or packaging.
You should not use the information or services on any of the Sites for diagnosis or treatment of any health issue or
for prescription of any medication or other treatment. You should always consult with your Healthcare
Professional, and carefully read all information provided by the manufacturer of a product and on or in any
product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before
starting any diet or exercise program or before adopting any treatment for a health problem. Each person is
different, and the way you react
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies
or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information in the Service or on any related website is inaccurate at any
time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website,
including without limitation, pricing information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate that all information in the Service or
on any related website has been modified or updated.
Questions, Complaint, or Infringements
We respect the privacy, security, and intellectual property rights of others. We require that the users of the Sites
do the same. If you believe that copyright infringement or violation of this Agreement has occurred, or have
questions regarding the policies and guidelines laid out in this Agreement, we welcome you to please contact us.
We will address any issue to the best of our ability at the soonest possible time.