Terms & Conditions

Terms and Conditions

Effective Date: 01/01/23
Last Updated: 10/01/23

Acceptance of Terms:
By accessing or using this website, https://mandrake.health (“Website”), and any associated services, programs, products, or content from Mandrake Health LLC / Joshua Paigen (collectively referred to as “Services”), you agree to comply with and be bound by these Terms and Conditions (“T&C”). If you do not agree to these T&C, you are prohibited from using our Website and Services.

Changes to T&C:
We reserve the right to modify, update, or revise these T&C at any time without notice. It is your responsibility to review these T&C periodically for changes. Your continued use of our Website and Services following the posting of any changes constitutes your acceptance of those changes.

Privacy Policy:
Your use of our Website and Services is also governed by our Privacy Policy, which is available at https://mandrake.health/privacy-policy/. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

Disclaimer:
Your use of our Website and Services is also governed by our Disclaimer, which is available at https://mandrake.health/disclaimer/.

Distribution: The content offered on the Website is not meant for dissemination to, or use by, any individual or organization in any county, state, or nation where such dissemination or use would contradict the law or regulations, or where it would place us under any necessity for registration within that particular jurisdiction. Consequently, those individuals who opt to reach the Website from different geographical areas do so at their own discretion and carry the sole responsibility for adhering to the local laws, if and when they are applicable.

Regulation Compliance:
Please note that the Website is not compliant with HIPAA (Health Insurance Portability Act) or FISMA (Federal Information Security Management Act) so if your actions/engagement with the Website are subject to these regulations, DO NOT USE THIS SITE.

Mandatory Arbitration and Governing Law:
You expressly waive your rights to bring any legal claims, now or in the future, arising out of or related to the website and/or any our products/services/content. In the event of any disagreement, complaint, or dispute emerging from or connected to your utilization of this website, the terms and conditions shall be interpreted according to the regulations and statutes of the state of Colorado and the United States.
You agree to consent and submit to the jurisdiction of the state and federal courts located in Colorado without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.
You commit to resolving any controversies or claims first through mandatory arbitration in Colorado and will assume the full financial responsibility for arbitration as allowed by law. Your good faith participation in arbitration is a prerequisite for pursuing any other available legal or fair remedies, such as litigation or any other legal procedures. You further acknowledge that should a legal claim be initiated subsequent to the mandatory arbitration, the prevailing party shall be entitled to recuperate reasonable attorney’s fees and other costs associated with the legal action.

Intellectual Property:
All content and materials provided on this Website, including but not limited to text, graphics, logos, images, audio, and video clips, are the property of Mandrake Health LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, modify, reproduce, or distribute any content from this Website without prior written consent from Mandrake Health LLC.

User Conduct:
When using our Website and Services, you agree not to: Violate any applicable laws or regulations. Infringe upon the rights of others, including intellectual property rights. Use the Website for any unlawful, harmful, or unethical purpose. Post or transmit any harmful or malicious code, viruses, or other disruptive elements. Interfere with the operation of the Website or Services. Attempt to gain unauthorized access to any portion of the Website or Services. Engage in any activity that may damage, disable, or impair the Website or Services.

User Guarantees:
Through your use of the Website, you affirm and guarantee the following: (1) you possess the requisite legal capacity and consent to abide by these T&C; (2) you are at least 18 years of age, and are not considered a minor in your jurisdiction; (3) you shall not employ automated or non-human methods, including bots, scripts, or analogous means, to access the Website; (4) the Website will not be employed for unlawful or unauthorized intentions on your part; and (5) your engagement with the Website shall not infringe upon any pertinent laws or regulations.

User Content:
For any Content or information you upload, display, post, transmit, send, email, or submit to us on the website or any of our social media sites, you affirm that you either own the rights to that Content or possess explicit permission from the intellectual property rights owner to utilize and share said Content with us.
By doing so, you grant us, our officers, employees, successors, shareholders, joint venture partners, or any other individuals collaborating with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to associate your identity, publish, post, reformat, copy, distribute, display, edit, and reproduce any Content you provide on our website and across any of our social media platforms, for any purpose. You accept full responsibility for any damages resulting from the infringement of copyrights, trademarks, or other proprietary rights associated with any Content or information you furnish to us.

Use of Products/Services:
We may provide complimentary products for downloading and offer paid courses, programs, physical or digital products, and related materials (collectively referred to as “Products” and/or “Services”) on this website. All our products and services, inclusive of all content, are safeguarded by copyright in accordance with both United States and international copyright laws. You are granted a restricted, revocable license to print or download content from our digital products solely for your personal, non-commercial, non-transferable, informational, and educational use, ensuring that it does not infringe upon any copyright, trademark, intellectual property, or proprietary rights. Copying or storing our content for purposes other than personal use is expressly prohibited without our prior written consent.

You acknowledge and affirm that you possess no entitlement to share, alter, sell, edit, copy, replicate, create derivative works from, reverse engineer, enhance, or otherwise exploit our products. You are prohibited from selling or redistributing any of our products, whether they are provided at no cost or for payment, without obtaining our express written consent. You agree to adhere to the copyright and trademark laws, as well as intellectual property rights, and assume full responsibility for any violations of these terms and conditions.

Termination:
We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.

No Refunds:
All sales of products and/or services on this website are final. No refunds will be issued.

Links to Third-Party Websites:
Our Website may contain links to third-party websites or resources. These links are provided for your convenience only, and we do not endorse or have control over the content or practices of these third-party websites. You acknowledge and agree that we are not responsible for the accuracy, legality, or availability of such websites or resources.

Limitation of Liability:
To the fullest extent permitted by law, Mandrake Health LLC shall not be liable to You or any third-party for any direct, indirect, incidental, consequential, or punitive damages, or any loss of profits or data, arising out of or in connection with your use of the Website and Services. You agree that your use of the Website and Services is at your own risk.

Indemnification:
You agree to indemnify and hold Mandrake Health LLC, its affiliates, officers, directors, employees, and agents harmless from any claims, liabilities, losses, expenses, and damages, including attorney’s fees, arising out of your use of the Website and Services, your User Contributions, violation of intellectual property rights (whether by you or a third-party) or for any violation of these T&C. Notwithstanding the preceding, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Severability:
In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect without being impaired or invalidated in any way. The unenforceable provision shall be replaced by a lawful and enforceable provision that most closely aligns with the original intent of the provision.

Contact Information:
If you have any questions or concerns about these Terms and Conditions, please contact us:

Joshua Paigen
Mandrake Health LLC
josh@mandrake.health