Terms and Conditions
Terms and Conditions
Last modified: November 15, 2022
ACCEPTANCE OF THE TERMS & CONDITIONS:
Mangoceuticals, Inc., a Texas Corporation, (“Mango,” the “Company”, “we”, “our”, or “us”) and/or its affiliates owns and operates the website located at www.mangorx.com (the “Website”) and may have previously, now or in the future own and/or operate a mobile application (collectively, the “Platform” or “App”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content any products or services (“Content”, “Products”, or “Services”), provided through the Platform or otherwise by Mango, and any affiliated website, software or application owned or operated by Mango (collectively, including the Platform and the Content, the “Service”) are governed by these Terms and Conditions (“Terms and Conditions” or “Agreement”).
Please read this Agreement carefully because it sets forth the important terms you will need to know about the Service. The terms “you” and “yours” refer to the person using the Service in this Agreement. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Mango is an online technology platform to connect patients with healthcare providers and streamline online healthcare services. Services may include (a) providing individuals with information on health and wellness, (b) providing individuals with contracted pharmacy services, (c) providing individuals with telecommunications access to a licensed healthcare professional for the purposes of communication, consultations, assessments, and other treatments, (d) collection and retention of healthcare records and information for use in appointments, communications and pharmacy services, (e) support with scheduling, payment of healthcare provider services, and payment for pharmacy services.
By agreeing to these Terms and Conditions and continuing to use Company’s Website and Services, you agree to the following acknowledgments. You acknowledge that you are not guaranteed to receive services through the Company, its affiliates, or its contractors. You acknowledge that you are free to see a doctor of your choosing, but that in agreeing to continue, you agree to be seen by the healthcare provider assigned to you. You acknowledge that your assigned healthcare provider will recommend treatment and write a prescription and that a prescription will only be written if it is deemed medically necessary.
CHANGES TO THE TERMS AND CONDITIONS:
The Service is constantly evolving, and we reserve the right, at any time and without prior notice to you, to revise, update, or remove any part of this Agreement or the Service. All changes to this Agreement will take effect when they are posted on the Platform and will apply to all subsequent access to and use of the Website. Unless otherwise specified, any new Content added to the Service and posted to the Platform is subject to this Agreement as well.
The Service, as well as all applicable laws and regulations, are governed by this Agreement. Except for reviewing this Agreement, you are strictly prohibited from visiting, accessing, registering with, and/or using the Service or any information or Content provided through the Service, if you do not accept and agree to be bound by this Agreement or any of its terms or conditions in their entirety. Your continued use after a change to this Agreement is posted, constitutes your acceptance of this Agreement as modified by such changes. You are expected to check this page regularly to ensure that you are aware of any changes, as they are legally binding on you.
BY CLICKING “I AGREE,” OR CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE (AS DEFINED BELOW) OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, ACCEPTED, AND AGREED TO BE BOUND BY ALL TERMS AND CONDITIONS IN THIS AGREEMENT, THE CONSENT TO TELEHEALTH, AND THE NOTICE OF HEALTHCARE PRIVACY PRACTICES THAT APPEAR ON THE APP AND WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO CREATE AN ACCOUNT OR USE THE SERVICE, PROMPTLY EXIT THIS WEBSITE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF.
YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE MEDICAL GROUPS OR PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JUDGE OR A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW FOR ANY DISPUTES WITH MANGO.
NOT FOR EMERGENCIES:
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 9-1-1.
THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THE SERVICES PROVIDED BY COMPANY, ITS AFFILIATES AND CONTRACTORS ARE NOT MEANT TO REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THE COMPANY DOES NOT PROVIDE MEDICAL SERVICES, AND THERE DOES NOT EXIST A PATIENT-PROVIDER RELATIONSHIP BETWEEN YOU AND THE COMPANY.
You should not disregard or postpone seeking medical advice because of anything on the Website, whether it appears or does not appear. When a Provider recommends it or when it is otherwise necessary, you should seek emergency assistance or follow-up care. You should continue to see your primary care physician and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider if you have any questions about a medical condition or before discontinuing, beginning, or modifying any treatment or modification.
THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
YOUR RELATIONSHIP WITH US / OUR SERVICES:
We are an online technology platform company that streamlines and makes available to individuals who register as users of the Service (“Users”) certain products and services sold or offered by Mango or by third-party medical providers, pharmacies, or other vendors. Our Service provides access to prescription fulfillment services offered by:
Epiq Scripts, LLC located at, 465 W President George Bush Hwy Suite 240, Richardson, TX 75080 (the “Pharmacy”). We may also provide you with access to one or more of the following medical groups who provide healthcare services through the Platform (the “Medical Groups”). You have the right to choose your preferred pharmacy. However, please note that Mango can’t guarantee results for pharmacies outside of our network or services beyond the Pharmacy. The Pharmacy is accredited and LegitScript certified ensuring that the highest industry standards and protocols are followed. You agreed, acknowledge and understand that any requests for Mango and/or the Pharmacy to send, transfer or provide another pharmacy of your choice shall incur an e-script transfer fee in an amount that is subject to the Pharmacy’s sole discretion. These Medical Groups contract with physicians and allied health professionals on a third-party basis who offer certain healthcare services through the Platform (“Providers”). By accepting this Agreement, you acknowledge and agree that any services you receive through the Platform, from the Pharmacy, Medical Groups, or Providers are also subject to this Agreement, and that the Pharmacy, Medical Groups, and Providers (the “Parties”) are third-party beneficiaries of this Agreement.
With respect to the Pharmacy, the Medical Groups, and the Providers, we act solely as a technology platform to connect you with the products and services offered by the Pharmacy, Medical Groups, and Providers through the Service. We offer an online communication platform for Providers and their patients to connect via the Website through the use of synchronous and asynchronous telecommunications technologies. We do not control or interfere with the practice of medicine by the Providers, each of whom is solely responsible for the medical care and treatment he or she provides to you..
Mango makes no representations or warranties about the suitability, reliability, timeliness, or accuracy of the medical care and treatment provided by the Medical Groups or any Providers. By accepting this Agreement, you acknowledge and agree that Mango is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other healthcare provider-patient relationship with Mango. By using the Service, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Providers. You acknowledge that you are not guaranteed to receive services through the Company, its affiliates, or its contractors
By accepting this Agreement, you acknowledge and agree that the Medical Group and/or Providers may send you messages, reports, SMS/phone texts, and emails via the Service regarding your diagnosis and/or treatment. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, SMS/phone texts, and emails and that neither Mango nor the Medical Group nor any Provider will be responsible in any way and you will not hold Mango, Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s). You acknowledge that your assigned healthcare provider will recommend treatment and write a prescription and that a prescription will only be written if it is deemed medically necessary.
The Company services may include (i) providing individuals with information on health and wellness, (ii) providing individuals with contracted pharmacy services, (iii) providing individuals with telecommunications access to a licensed healthcare professional for the purposes of communication, consultations, assessments, and other treatments, (iv) collection and retention of healthcare records and information for use in appointments, communications, and pharmacy services, (v) support with scheduling, payment of healthcare provider services, and payment for pharmacy services.
Certain of Mango’s shareholders, directors, officers, employees, contractors, or agents have a financial interest in the Pharmacy and may profit from the sale of the Products and Services.
The drug and medical information provided on this Website is not meant to cover all adverse effects, drug interactions, warnings, medical uses, indications, directions, and precautions. The information provided is not medical advice and is not a substitute for the judgment of your physician and/or healthcare practitioner.
Mango has made every effort to ensure the information on the Website is accurate and current based on present medical literature. All products on this Website require you to consult with a healthcare provider and receive a prescription before any product will be dispensed. If you have questions or concerns about your medications, please do not hesitate to contact us and/or your medical practitioner, including your pharmacist.
Compounded prescription products have not been tested or approved by the FDA for their intended use. Mango does not make any claims as to the safety, efficacy, or intended use of these compounded drug products. The active pharmaceutical ingredients used are FDA-approved and follow strict United States Pharmacopeia (USP) guidelines when compounded pursuant to a valid prescription
For the purchase of Services on the Site, we accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, Mango may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you may change your information by logging in to your account portal online or contacting us at firstname.lastname@example.org. This may temporarily delay your ability to make online payments while we verify your new payment information. For auto-renewing products and services, your payment device will be automatically charged at regular intervals as described for that product or service during the checkout process until you cancel your subscription. You may cancel your subscription for auto refills at any time up to forty-eight (48) hours before the applicable renewal processing date of your auto refill through the Service, by emailing email@example.com or logging into your account and selecting the option to cancel.
You represent and warrant that if you are making online payments that (a) any credit card, debit card, and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
A valid prescription written by a qualified healthcare professional is necessary for some of the Platform’s products. You will not be able to purchase a prescription product until you have finished an online consultation with one of the Providers, the Provider has determined the prescription product is suitable for you, and the Provider has written a prescription for you.
Mango does not endorse any particular drug, pharmacy, or pharmacologic item. If a Provider prescribes a medication, he/she will set a supply limit based on state laws and only do so if it is in the best interests of the patient and in accordance with his/her professional judgment. A prescription won’t always be written, though. DEA-controlled substances, scheduled drugs, and some other drugs that may be harmful due to their potential for abuse are not prescribed by providers. For actual or potential misuse of the Services, Providers reserve the right to refuse care.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. You acknowledge that you are free to see a doctor of your choosing, but that in agreeing to continue, you agree to be seen by the healthcare provider assigned to you.
If a Provider determines that a prescription product is appropriate for you and writes a prescription, it will be filled using the Platform by the Pharmacy, and you voluntarily and unconditionally waive your right to fill the prescription at any pharmacy of your choice. If you do not want to give up your right, do not purchase the service. In order to receive pharmacy services, you hereby provide the Company consent to send and disclose all information you provide, your medical records, and other pertinent healthcare and personal information, to the contracted Pharmacy. You acknowledge, represent, and warrant that you have accepted the aforementioned waiver by using the service. Please contact firstname.lastname@example.org if you have any questions about this waiver.
If you complete a consultation with a Provider and fill a prescription through the Pharmacy, the prescription product will be shipped to you by the applicable Pharmacy.
NOT AN INSURANCE PRODUCT:
Mango is not the insurer, the Services are not insurance products, and the amounts you pay to Mango are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
Special Notice to Medicare and Medicaid Beneficiaries
Federal and state healthcare programs, such as Medicare and Medicaid, do not pay for all healthcare costs, even for some healthcare services and products that you or your healthcare provider have good reason to think you need. If you are a beneficiary of a federal or state health care program, and such a program does not pay for certain services or products rendered to you, you may have to pay for these services and products. As we understand it, neither federal nor state healthcare programs currently pay for any of the medical services or products made available through the Services performed by affiliated healthcare organizations or providers, at least not in the way such services or products are provided (i.e., using telemedicine and bundled treatment offerings). By agreeing to use the Services, you acknowledge and agree that: (1) you will pay directly for any medical services and products provided to you, and (2) neither Company nor any Company affiliated health care organization or provider will bill any federal or state health care program for such medical services or products. We strive for transparency in the costs for any medical services and products that you may obtain through the Services, and, as such, you can find specific pricing information at www.mangorx.com.
LIMITED USE AND AVAILABILITY:
Our Service is currently only available to individuals who reside in states where we provide the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if greater than eighteen (18), and have accepted this Agreement. By visiting, accessing, registering with, or using the Service, you are (a) representing and warranting to us that you satisfy all of these eligibility requirements, (b) representing and warranting that when you use the Service to consult with a Provider, you are located in the same state as the shipping address you provide in your account, and (c) agreeing to comply with all applicable laws in visiting, accessing, registering with, or using the Service, and (d) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.
Certain products available through the Service are subject to additional age restrictions, and not all products or services on our Platform are available to all ages.
Mango operates subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Website and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Website or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
In some cases, the Service may not be the most appropriate way for you to provide information to, communicate with or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Service. In such a case, you may receive notification that you will be unable to use the Service for the particular issue you submitted and provide additional information regarding next steps.
CONSENT TO USE OF TELEHEALTH SERVICES:
You agree that information provided by you in connection with the Services and Website shall be governed by the Mango Consent to Telehealth, which is hereby incorporated and made a part of this Agreement. Mango recognizes the importance of maintaining your personal information’s confidentiality and privacy. For a description of how we may collect, use, and disclose your personal information, please see our Consent to Telehealth
DUTY TO PROVIDE INFORMATION, ACCESS, AND CONNECTIVITY:
You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software, and hardware capabilities to enable the use of the Service, including but not limited to a computer or mobile device with a video camera and Internet access (consistent with any technical, quality, or other requirements described in the Service). You are solely responsible for any fees incurred while using the Service, including Internet connection or mobile fees. In any forms or other communications you submit to or through the Service, you must also provide truthful, accurate, and complete information. We reserve the right to change the access configuration of the Service at any time, including any software, hardware, or other requirements, without prior notice. Mango expressly disclaims any and all liability for any and all losses and damages resulting from your failure to follow the instructions in this section.
PROTECTED HEALTH INFORMATION:
REGISTRATION; USER ACCOUNTS, PASSWORDS, AND SECURITY:
When establishing an account, you will be required to provide a username and password that will be used as your login for your account. To help protect the privacy of data you transmit through the Service, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the User data we collect against unauthorized access. However, you should keep in mind that the Service and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Service and information about you, including medical information, contained in the Service. It is your responsibility to affirmatively log out from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone, and other devices, and to protect the confidentiality of your username and password. If you choose or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. Mango may investigate any alleged or suspected violations and if a criminal violation is suspected, Mango may cooperate with law enforcement agencies in their investigations.
USE AND OWNERSHIP OF THE SERVICE:
The Service and the information and Content available through the Service are protected by United States and international copyright and trademark laws. Subject to this Agreement, Mango grants you a limited, personal, nonexclusive license, non-transferable, revocable license to access and use the object code version of the Service for your personal use. Unless otherwise specified by Mango in a separate license, your right to use any of the Service or the Content is subject to this Agreement and all rights in the Service and Content are reserved by Mango. You agree that Mango and its suppliers own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, text, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). Neither the Website and Services, nor any part of the Website and Services, may be reproduced, duplicated, copied, sold, resold, visited, distributed, modified, published, or used, in whole or in part, or otherwise exploited for any commercial purpose without express written consent of Mango. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including MangoRx, Mango, and mangorx.com stylized names) and other related graphics, logos, service marks and trade names used on or in connection with the Service are the trademarks of Mango without permission and expressed written consent, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners. You may not use any meta tags or any other “hidden text” utilizing Mango’s name or trademarks without the express written consent of Mango.
LICENSE TO INFORMATION SUBMITTED VIA THE SERVICE:
Subject to any limitations on PHI described herein, any information you transmit to Mango via the Service, whether by direct entry, submission, email, or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Feedback”), will be treated as non-confidential and non-proprietary, to the extent permitted by applicable law. You grant Mango a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Feedback (in whole or in part) for the purposes of operating and providing the Service to you and other users, subject to any applicable account settings that you select. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Feedback has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Mango, are responsible for all Feedback that you provide to the Service. In addition to the foregoing, Mango shall have the right, in its sole discretion, to edit, duplicate, or alter the Feedback in any manner for any purpose that Mango deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Feedback. You further agree that you shall have no right of approval and no claim to compensation in connection with the Feedback.
Mango may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Mango may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
If any Feedback you provide contains Protected Information, Mango’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by Mango to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Mango, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) for any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, false, inaccurate, defamatory, tortious, vulgar, abusive, libelous, obscene, threatening, harassing, fraudulent, pornographic, that could encourage criminal or unethical behavior, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Mango representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes or violates any patent, trademark, privacy, service mark, trade secrets, trade dress, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) incorrectly identify the sender of any message, register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or personal health information about any other individual who uses the Website or the Services or otherwise collect information about others, including email addresses; (o) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (p) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; or (q) assist or permit any person in engaging in any of these activities.
Mango reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. Mango may take appropriate legal action, including without limitation, referral to law enforcement and/or third parties in the investigation, for any suspected or alleged illegal or unauthorized use of the Website or any crime or civil wrong.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
RIGHT TO MONITOR:
Mango reserves the right to monitor general use of the Service at any time as it deems appropriate and to remove and edit any materials that, in Mango’s sole discretion, may be illegal, may subject Mango to liability, may violate this Agreement, or are, in the sole discretion of Mango, inconsistent with Mango’s purpose for the Service.
THIRD-PARTY GOODS AND SERVICES:
Parties other than Mango, including Pharmacy, Medical Group and Providers (collectively, “Third-Parties”) provide services or sell products through the Service, and Mango may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.
You agree that Mango shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Platform, any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand and agree that Mango is under no obligation to become involved in such dispute, and you hereby release and indemnify Mango, its affiliates and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Mango Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Certain of Mango’s shareholders, directors, officers, employees, contractors or agents (collectively, “Mango Owners and Personnel”) may have a financial interest in one or more Third Parties, and may profit from your use of the Third Parties and/or the sale of Third-Party Goods and Services to you.
The Platform may contain links to third-party websites. Linked websites are not under the control of Mango, and Mango is not responsible for the content of any linked website. Links are provided as a convenience only, and a link does not imply that Mango endorses, sponsors, or is affiliated with the linked website. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites; these Terms and Conditions do not apply to other websites. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. Mango disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked websites.
TERMS OF SALE:
All products offered for sale by Mango are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. We do not offer any refunds or returns. In the event of an error, we reserve the right to correct the error (Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party) and revise your order accordingly (which includes charging the correct price) or to refuse or cancel the order and refund any amount charged. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Price changes will not affect any order for products you have already placed. You will be asked to input your payment information including your credit card number and billing address. Providing Company this information will be considered authorization for Company, its affiliates, and/or contractors to charge the amount due. You agree to pay all fees due for services requested. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Mango without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.
You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
Your placement of an order does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us to complete. Once a properly completed order and authorization of your form of payment is received, we will process your order and Product for shipment. If, for some reason, we determine that we cannot ship your Product(s) within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on our Website.
We reserve the right to remedy User issues and concerns on a case by case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.
Due to legal restrictions, Mango cannot accept returns of prescription medications for reuse or resale. However, if you feel that we made an error in the filling of your prescription, please contact us at email@example.com as soon as possible. It is our goal to provide the very best service and we will immediately do everything on our power to correct any mistakes If you need to dispose of any medication, please consult the following FDA Link: Where and How to Dispose of Unused Medicines
Exchanges (if applicable)
With that said, we want you to receive high-quality products that are ready to use. That means we will replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and we’ll coordinate with you how to exchange your order.
Mango may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if our agreement with the Medical Groups or Pharmacy terminate, or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with Mango. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all Mango Parties harmless from any and all liability that any such Mango Parties may incur with respect thereto.
Content and other information contained on the Service is provided by Mango as a convenience. The Service may include inadvertent inaccuracies or errors, or information or materials that violate these Terms and Conditions. Any information presented as of a particular date may only be accurate as of such date and we disclaim any responsibility to update such information. Additionally, the possibility exists that a third party could make unauthorized alterations to the content or features such as typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations of the Service. In the event that an inaccuracy arises, please inform Mango so that it can be corrected. Mango shall have no responsibility or liability for information or content posted to the Website from any non-Mango affiliated third party. Although we attempt to ensure the integrity of the Service, we make no guarantees as to their completeness or correctness. Users relying on Content or other information from the Service do so at their own risk.
Mango reserves complete and sole discretion with respect to the operation of the Website and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Website or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carriers. We are not responsible for maintaining information arising from use of the Website or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Website or the Services in accordance with our internal record retention and/or destruction policies.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. THE MANGO PARTIES AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. MANGO DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. MANGO DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MANGO PARTIES OR ANY THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS AND THE PHARMACIES, BE LIABLE OR RESPONSIBLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL WITHOUT LIMITATION DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, WEBSITE-RELATED SERVICES, AND/OR ANY LINKED WEBSITE, OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED BY THE MEDICAL GROUP OR ITS PROVIDER(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MANGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE-RELATED SERVICES, AND/OR LINKED WEBSITE IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MANGO PARTIES SHALL BE LIABLE ONLY TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE IS NOT TO EXCEED U.S. $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Mango may provide you with notices regarding the Service or this Agreement via email, a posted notice on the Service, or regular mail, at its sole discretion.
When you access or use the Website or Services or send emails, messages, and other communications from your desktop or mobile device to us, the Medical Group or its Providers, you are communicating with us, the Medical Group and its Providers electronically. You consent to receive communications from us, the Medical Group and its Providers electronically. Mango may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Website and the Services until you provide the information to us as requested. We will communicate with you via telephone, mail, email or through the Service. To stop receiving communications through email, text messages, mobile push notifications, or phone calls, you may email email@example.com or otherwise use the available procedures provided in the communications we sent to you and withdraw your consent. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.
CLAIMS OF COPYRIGHT INFRINGEMENT:
It is Mango’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Mango by the copyright owner or the copyright owner’s legal agent. We disclaim any responsibility or liability for copyrighted materials posted on our Website. Mango respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Mango’s Designated Copyright Agent, identified below.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please follow the procedures set forth below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Website by sending us a notice (“Copyright Notice”) complying with the following requirements.
(1) Provide a full legal name, an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of the location on the Service of the material that you claim is infringing by identifying the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found;
(4) your mailing address, telephone number and, if available, e-mail address;
Include both of the following statements in the body of the Copyright Notice:
(5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; example: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” and
(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Example: “I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Contact information for Mango’s copyright agent for notice of claims of copyright infringement is as follows: firstname.lastname@example.org.
This Agreement, as well as any other agreements Mango may post on the Service or that you and Mango may execute from time to time, constitute the entire agreement between Mango and you in connection with your use of the Service, superseding any prior agreements between Mango and you regarding use of the Service, including previous versions of this Agreement.
BINDING ARBITRATION / CLASS WAIVER:
If you bring an issue to our customer service department, we will try to work with you in good faith to resolve any issue you have with the Website, including without limitation, Products and Services ordered or purchased through the Website. However, we recognize that there may be a few instances in which we are unable to resolve an issue to the satisfaction of a customer.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court.
Unless you can show that your portion will be prohibitive in comparison to litigation costs, in which case Mango will pay as much of your arbitration costs as the arbitrator deems necessary to keep the arbitration from being cost-prohibitive in comparison to litigation costs, payment of arbitration costs will be governed by the AAA’s fee schedule. Mango also reserves the right, in its sole and absolute discretion, to assume full responsibility for all AAA-imposed arbitration costs. Unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses, each party agrees to pay its own attorneys’ fees and expenses.
Unless Mango and you agree otherwise, the arbitration shall be conducted in Austin, Texas, except that, in the event Austin, Texas is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence, unless the parties agree otherwise in writing. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Mango’s last written settlement offer made before an arbitrator was selected (or if Mango did not make a settlement offer before an arbitrator was selected), then Mango will pay you the amount of the award or US $1,000, whichever is greater. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL CAPACITY AND NOT ON A PLAINTIFF, CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in Austin, Texas, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in Austin, Texas for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with Mango. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with Mango to: Mangoceuticals, Inc., email@example.com, ATTN: Arbitration Opt-Out.
Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the nature and basis of the claim or dispute, and set forth the specific relief sought (“Demand”). Before we commence arbitration, If Mango desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to you with a detailed description of the Dispute and the relief we seek to the most recent address we have on file or otherwise in our records for you. Any Notice of Dispute you send to us should be mailed to Manceuticals, Inc., firstname.lastname@example.org, ATTN: Dispute Notice.
If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration proceedings or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Mango or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at http://www.adr.org/. If you are required to pay a filing fee, after Mango receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.
Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at Mangoceuticals, Inc., email@example.com, ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications.
GOVERNING LAW; VENUE; SEVERABILITY OF PROVISIONS:
Mango manages and operates this service from its headquarters in Texas. Those who choose to access the Service from other locations do so at their own risk and are responsible for adhering to local laws, if and to the extent that they do so. Access to the Service is prohibited from jurisdictions where the Service’s contents are illegal or punishable.
The Federal Arbitration Act and the laws of the State of Texas, without regard to any conflicts of law provisions, will govern the validity, interpretation, construction, and performance of this Agreement.
To the fullest extent permitted by law, all provisions of this Agreement apply. Any failure on our part to enforce any provision of this Agreement will not be construed as a waiver of that right. We both agree that if a part of this Agreement cannot be enforced as written, that part will be replaced with terms that, to the extent permitted by law, most closely match the intent of the unenforceable part. The invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions, unless otherwise stated in this Agreement. The section headings are for reference only and have no legal or practical significance.
NO AGENCY RELATIONSHIP:
Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and Mango, the Medical Groups, the Providers or the Pharmacy. You may not enter into any contract on our behalf or bind us in any way.
Any attempt by you to assign any of your rights under this Agreement will be null and void. In the event that some or all of Mango’s business is transferred to such other third party by way of merger, sale of assets, or other means, Mango may, in its sole discretion, transfer all contractual rights and obligations under this Agreement to any affiliate of Mango or to another third party without further consent or notification.
THIRD PARTY BENEFICIARIES:
Mango hereby expressly agree that neither party intends to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor, or third party, except as expressly set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of the Mango Parties, the Medical Groups, and the Providers, and the agreement to arbitrate.
HOW TO CONTACT US:
Please contact us by email at firstname.lastname@example.org if you have any questions or concerns about this Agreement. We will make every effort to respond to your questions or concerns as soon as possible after receiving them.