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8. Health and Safety Disclaimer

Terms and Conditions for Mindthol

Last Updated: August 13, 2025

These Terms and Conditions (“Terms”) govern your access to and use of the Mindthol website located at mindthol.com and any associated sub‑domains, mobile applications, or other digital services that link to these Terms (collectively, the “Site”). These Terms constitute a legally binding agreement between you, whether you act personally or on behalf of an entity (“you”) and Mindthol, LLC (“Mindthol,” “we,” “us,” or “our”).

By accessing, browsing, purchasing from, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms or any part of them, please discontinue using the Site immediately.

1. Eligibility and User Representation

You represent that you are at least 18 years of age (or the age of majority in your jurisdiction), possess the legal capacity to enter into contracts, and will comply with all applicable laws and regulations when using the Site. If you use the Site on behalf of a company or another entity, you represent that you have the authority to bind that entity to these Terms.

2. Changes to the Terms

Mindthol reserves the right, in our sole discretion, to modify or update these Terms at any time. We will post the updated Terms on the Site and indicate the effective date of the revision. Continued use of the Site after we post changes constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

3. Intellectual Property Rights

All content on the Site—including text, graphics, photographs, logos, illustrations, product names, audio, video, design elements, interface layout, and software—is the property of Mindthol or our licensors and is protected by copyright, trademark, trade dress, and other intellectual‑property laws. You are granted a limited, non‑exclusive, non‑transferable license to access and use the Site and its content solely for personal, non‑commercial purposes. Except as expressly permitted in writing by Mindthol, you may not:

  1. copy, reproduce, distribute, republish, download, display, post, or transmit any portion of the Site;

  2. modify or create derivative works based on the Site or its content;

  3. remove or alter any copyright, trademark, or other proprietary notices;

  4. use any automated means (e.g., bots, scrapers) to access or monitor the Site; or

  5. use any Mindthol trademarks without our prior written permission.

4. User Accounts and Account Security

To make purchases or access certain features, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or suspected security breach. Mindthol is not liable for any loss or damage arising from your failure to protect your credentials.

5. Acceptable Use and Prohibited Conduct

You agree to use the Site only for lawful purposes and in accordance with these Terms. You must not:

  1. submit or transmit any false, misleading, defamatory, obscene, harassing, abusive, or otherwise objectionable content;

  2. post or send spam, chain letters, pyramid schemes, or any form of unsolicited messages;

  3. upload or transmit malware, viruses, or other harmful code;

  4. use the Site in a way that could damage, disable, overburden, or impair our servers or networks;

  5. interfere with any other party’s use and enjoyment of the Site;

  6. attempt to gain unauthorized access to the Site, accounts, computer systems, or networks through hacking, password mining, or any other means; or

  7. violate any applicable law, regulation, or judicial order.

We reserve the right, without notice and at our sole discretion, to suspend or terminate your account and/or block your access to the Site for violations of these Terms.

6. Purchases, Orders, and Payment Terms

6.1 Product Information

We attempt to display product descriptions, ingredient lists, prices, availability, and other information as accurately as possible. However, we do not warrant that such information is error‑free, complete, or current. We reserve the right to correct errors and to change or update information at any time without prior notice. All product prices are subject to change without notice.

6.2 Order Acceptance

Your submission of an order does not constitute acceptance of that order by Mindthol. We reserve the right to refuse, cancel, or limit any order for any reason, including availability constraints, inaccuracies, errors in product or pricing information, fraud prevention, or other issues identified at our discretion. If your payment has been processed and your order is canceled, we will refund the payment using your original payment method.

6.3 Payment Processing

You authorize Mindthol (or our third‑party payment processors) to charge the payment method you provide for the total amount of your order, including any applicable taxes and shipping fees. You represent and warrant that you have the legal right to use the payment method provided.

7. Shipping, Risk of Loss, and Returns
 

7.1 Shipping

We will arrange delivery of products to you. Delivery times are estimates and not guaranteed. Title and risk of loss for products purchased from Mindthol pass to you upon our transfer of the products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

7.2 Returns and Refunds

Our return and refund policies are described separately in the Refund Policy. To be eligible for a return, products must be in their original condition and packaging, unless otherwise specified. We reserve the right to refuse returns that do not comply with our policies. Refunds will be issued to the original method of payment unless we agree otherwise.

Mindthol sells aromatherapy products, supplements, or herbal products intended to promote general well‑being. The statements on our Site have not been evaluated by the Food and Drug Administration (“FDA”), and our products are not intended to diagnose, treat, cure, or prevent any disease. You acknowledge and agree that:

  • Mindthol is not a medical provider and does not offer medical advice. Information on the Site is provided for general informational purposes only and should not be interpreted as healthcare advice or as a substitute for consultation with qualified healthcare professionals.

  • You should consult your physician or other healthcare professional before using any product, particularly if you are pregnant, nursing, taking medication, have a medical condition, or have questions about potential interactions. The FDA advises consumers to talk to a healthcare professional before deciding to use a dietary supplement because some supplements may interact with medicines or other supplements.

  • Under the Dietary Supplement Health and Education Act (“DSHEA”) and related regulations, manufacturers are responsible for ensuring that dietary supplements are not adulterated or misbranded and for having substantiation that any claims about effects on the structure or function of the human body are truthful and not misleading. Mindthol endeavours to provide accurate information but does not guarantee that the information provided is complete, accurate, or current.

  • Use of our products is at your own risk. Discontinue use and consult a healthcare professional if you experience adverse reactions.

9. Third‑Party Links and Content

The Site may contain links to third‑party websites or services that are not owned or controlled by Mindthol. We provide these links for your convenience, but we do not endorse or assume responsibility for any content, products, or services offered by third parties. Your interactions with third‑party websites are governed by their terms and policies, not ours.

10. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS, CONTENT, AND SERVICES PROVIDED THROUGH IT ARE OFFERED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MINDTHOL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR‑FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, the remaining exclusions and limitations will still apply to the fullest extent permitted by law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINDTHOL, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS PURCHASED FROM MINDTHOL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MINDTHOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SITE OR ANY PRODUCTS EXCEED THE AMOUNT YOU PAID MINDTHOL DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY EVEN IF A LIMITED OR EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. Indemnification

You agree to indemnify, defend, and hold harmless Mindthol and our officers, directors, shareholders, employees, agents, contractors, licensors, and suppliers from and against any claims, losses, liabilities, damages, judgments, awards, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your: (i) violation of these Terms or any law or regulation; (ii) use or misuse of the Site or our products; (iii) content you post or upload to the Site; or (iv) violation of any third party’s rights.

13. Governing Law and Dispute Resolution

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict‑of‑law rules. You and Mindthol agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California, for the resolution of any disputes that cannot be resolved informally.

Where permitted by law, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site will be resolved through binding individual arbitration rather than in court. You and Mindthol waive any right to participate in class actions, class arbitrations, or representative actions. Notwithstanding the foregoing, either party may seek injunctive relief in court to prevent actual or threatened infringement of intellectual‑property rights or unauthorized use of confidential information.

14. Privacy

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict‑of‑law rules. You and Mindthol agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California, for the resolution of any disputes that cannot be resolved informally.

Where permitted by law, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site will be resolved through binding individual arbitration rather than in court. You and Mindthol waive any right to participate in class actions, class arbitrations, or representative actions. Notwithstanding the foregoing, either party may seek injunctive relief in court to prevent actual or threatened infringement of intellectual‑property rights or unauthorized use of confidential information.

15. Termination

We reserve the right, in our sole discretion and without prior notice, to terminate or suspend your account and/or prevent your access to the Site for any reason, including if we believe you have violated these Terms or any applicable law. Upon termination, all provisions of these Terms which by their nature should survive will survive, including ownership provisions, warranty and liability exclusions, and limitations, indemnity, and governing law provisions.

16. Severability

We reserve the right, in our sole discretion and without prior notice, to terminate or suspend your account and/or prevent your access to the Site for any reason, including if we believe you have violated these Terms or any applicable law. Upon termination, all provisions of these Terms which by their nature should survive will survive, including ownership provisions, warranty and liability exclusions, and limitations, indemnity, and governing law provisions.

17. Entire Agreement

These Terms constitute the entire agreement between you and Mindthol regarding the subject matter and supersede any prior or contemporaneous understandings or agreements, whether written or oral. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision.

18. Contact Information

If you have questions or concerns about these Terms or our products, please contact us at:

Mindthol, LLC
Attn: Legal Department
Phone: 650-541-9159
E‑mail: support@mindthol.com

19. Refund Policy

Mindthol offers a separate Refund Policy governing refunds, returns, exchanges, and cancellations. The Refund Policy is incorporated by reference into these Terms. Please refer to it before making a return.

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