Mangomint.com Terms of Use
- Acceptance of Terms
These Terms of Use (“Terms”) are an agreement between you, whether personally or on behalf of an entity (“user,” “you” or “your”) and Mangomint, Inc. (“Mangomint,” “we,” “us” or “our”), concerning your access to and use of our website located at www.mangomint.com (collectively, the “Website”).
Please note that we offer many services. Your use of Mangomint products or services, including without limitation our online business management software platform and related services designed for salons, spas, and other beauty and wellness businesses, are provided by Mangomint pursuant to those agreements you enter when you use those products and services.
Please read these Terms carefully before you use the Website.
These Terms set forth the legally binding Terms that govern your use of the Website. By accessing or using the Website, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use the Website or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access or use the Website.
- Changes
These Terms may be revised at any time for any reason, and we may provide you notice of these changes by any reasonable means, including by posting the revised version of the Terms on our website. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the end of the document. By accessing, browsing, or using the Website following the posting of changes to these Terms, you accept such changes. We recommend that you periodically visit this page of the website to review these Terms.
- Accounts and Registration
To use certain features of the Website, you may be required to register for an account and provide certain information about yourself in the account registration form. Each registration is for a single user only. By creating an account, you agree to, (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the account on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Website or your account. You may make any changes to your registration information by following the instructions on the Website. You may delete your account at any time, for any reason, by following the instructions on the Website. Mangomint may suspend or terminate your account in accordance with Section 12, Term and Termination, below.
- Access to the Website
Subject to these Terms, Mangomint grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Website solely for your own personal, non-commercial purposes.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, in whole or in part, or any content displayed on the Website; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof. You acknowledge and agree that, except as expressly set forth in these Terms, Mangomint will have no obligation to provide you with any support or maintenance in connection with the Website.
Mangomint reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you. You agree that Mangomint will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.
- Ownership of the Website
Excluding any User Content that you may provide (defined below), you acknowledge that the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Mangomint, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Neither these Terms (nor your access to the Website) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 4 above. Mangomint and its suppliers reserve all rights not granted in these Terms, and there are no implied licenses granted under these Terms.
- Privacy Statement; Disclosure Pursuant to Legal Requirements
The Mangomint Privacy Policy, available at https://www.mangomint.com/privacy/ describes our collection, use, storage and disclosure of personal information that you provide or that we otherwise collect through the Website.
Where Mangomint has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, or otherwise determines in its sole discretion it is necessary to protect the legal rights of Mangomint or others or to comply with Mangomint’s legal obligations, Mangomint may disclose to third parties, including law enforcement or other governmental authorities, your IP addresses, personal information, and User Content, and any contents of the Website.
- User Content
“User Content” means any information and content that a user submits, uploads, displays, posts, or otherwise transmits to or through the Website (“Transmit”). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate the provisions of Section 8 below. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Mangomint. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the provisions of Section 8 below. Mangomint is not obligated to you to preserve or provide backup services for any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. You agree that Mangomint will not be responsible for any loss or damage incurred as the result of any interactions involving User Content. If there is a dispute between you and any Website user, we are under no obligation to become involved.
Subject to these Terms, you hereby grant to Mangomint, and you represent and warrant that you have the right to grant to Mangomint, a non-exclusive, royalty-free, fully paid, worldwide license, to reproduce, distribute, publicly display, store, archive, prepare derivative works of, and otherwise use and disclose your User Content, and to grant sublicenses of the foregoing rights, as necessary from time to time to provide the Website, and as further set forth in Mangomint Privacy Policy at https://www.mangomint.com/privacy/. For clarity, the foregoing license includes any logos, trademarks, trade names and other similar identifying material that you provide through the Website. Such license will survive termination of this Agreement.
- Prohibited Uses
You agree not to use the Website to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, defamatory, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (c) that is harmful to minors in any way; or (d) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (e) that includes credit, debit or other payment card data, other personal financial account numbers, or identifiable health information about others.
In addition, you agree not to: (i) Transmit to the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Website to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Website; or (vii) use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website.
We reserve the right (but have no obligation) to review any User Content, and to investigate and take appropriate action against you in our sole discretion for any violation of this Section 8 or any other provision of these Terms or if you otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your account in accordance with Section 12, Term and Termination, and reporting you to law enforcement authorities.
- Feedback
You may submit questions, comments, suggestions, ideas, original or creative materials or other information about Mangomint or the Website (collectively, “Feedback”). Feedback is non-confidential and will become the sole property of Mangomint. You hereby assign to Mangomint all rights in such Feedback and agree that Mangomint shall be entitled to the unrestricted use and dissemination of such Feedback and related information in any manner it deems appropriate. You agree that you will not submit to Mangomint any information or ideas that you consider to be confidential or proprietary.
- Linked Websites and Third-Party Applications
We have not reviewed all of the websites linked to the Website, or third-party applications or ads accessible through the Website, and are not responsible for the content of any third-party websites or applications available through the Website. Nothing in the Website, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Mangomint. Your choice to link to any other websites is at your own risk, and you should review and comply with all terms relating to such websites. Mangomint reserves the right not to link, or to remove the link, to any website or third-party application at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Mangomint. We have no control over these linked websites and make no representations or warranties with respect to these linked websites. Your viewing and use of any third-party websites is at your sole discretion and risk.
- Indemnification
To the fullest extent permitted by applicable law, you agree to defend, hold harmless and indemnify Mangomint, its subsidiaries, affiliates, business partners, licensors, service providers, and clients, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the Website, any User Content that you Transmit to or through the Website, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Website. You further agree that Mangomint shall have control of the defense or settlement of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in an enforceable written agreement between you and Mangomint.
- Term and Termination
Subject to this Section 12, these Terms will remain in full force and effect while you use the Website. We may suspend or terminate your rights to use the Website (including your account) at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use the Website will terminate immediately. You understand that any termination of your account may involve deletion of your User Content associated with your account from our live databases. Mangomint will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your User Content. Should we choose to terminate these Terms, such termination does not constitute a waiver of any of Mangomint’s rights under this Agreement or under applicable law.
- Disclaimers
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
THE WEBSITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND MANGOMINT (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. NEITHER WE NOR OUR SUPPLIERS MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
TO THE FULLEST EXTENT PROVIDED BY LAW, MANGOMINT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Geographic Restrictions
The owner of the Website is based in the State of California in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MANGOMINT, ITS SUBSIDIARIES, AFFIILIATES, OR THEIR LICENSORS, SERVICES PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware in the United States of America, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Notice
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Mangomint at the email or mailing address set forth in Section 23 below. Please report any violations of these Terms to Mangomint at the contact listed above.
- Export
The Website may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Mangomint, or any products utilizing such data, in violation of the United States export laws or regulations.
- Electronic Communications
The communications between you and Mangomint use electronic means, whether you use the Website or send us emails, or whether Mangomint posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Mangomint in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mangomint provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
- Entire Terms
These Terms constitute the entire agreement between you and us regarding the use of the Website and supersedes any and all prior understandings and agreements between us respecting such subject matter, except that if you or your company have executed a separate written agreement with us governing your use of the Website, then such agreement shall control to the extent that any provision of these Terms conflicts with the terms of such agreement. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party to these Terms is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Mangomint’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Mangomint may freely assign these Terms, and in such case, these Terms shall be binding upon assignees.
- Copyright/Trademark Information
Copyright © 2024. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- Contact Information:
MANGOMINT
Address: 10401 Venice Blvd #497
Email: hello@mangomint.com
Last updated: August 8, 2024