Mantra Hub Terms of Use
Mantra Hub Terms & Conditions
Additional Terms & Conditions for Mantra Hub
Last revised January 13, 2023
These additional terms and conditions of use (“HUB Terms”) govern your use of our online interfaces and properties owned and controlled by Mantra Health, Inc. (collectively referred to as “Mantra”, “we,” “us,” and “our”), including the hub.mantrahealth.com web site (“HUB Website”). The HUB Terms augment the general Mantra Terms of Use; provided that in the event of a conflict between the HUB Terms and the Mantra Terms of Use, the HUB Terms shall control related to your use of the HUB Website. Nothing in this HUB Website shall be construed as creating any warranty or other obligation on the part of Mantra.
The HUB Website contains a centralized library of mental health resources designed to build mental health skills and which can be accessed on-demand and covers a wide range of student needs including, inter alia, coping, problem solving, communication, healthy relationships, self- and behavioral regulation, and self-awareness, it is self-directed and not clinical in nature. The HUB Website is comprised of all materials that comprise or are otherwise a part of the HUB Website (including past, present and future versions of the HUB Website), including, without limitation: graphics; layout; text; instructions; images; graphs; charts; trademarks, logos, service marks; software (including HTML-based programs); audio; animations; videos; designs; technology; applications; artwork; information; data; reports; designs; compilations; advertising copy; domain names; any and all copyrightable material (including source and object code); the "look and feel" of the HUB Website; the compilation, assembly and arrangement of the materials of the HUB Website; and all other materials related to the HUB Website (collectively, "HUB Content").
We DO NOT OFFER MEDICAL ADVICE OR MEDICAL SERVICES via the HUB Website or HUB Content. If this is an emergency, call 911 or visit a hospital emergency room immediately.
You must be at least 13 years of age to use the HUB Website. Access to and use of the HUB Website is limited exclusively to Student Users who are enrolled at the universities with which Mantra has contracted. Accessing the HUB Website from jurisdictions where HUB Content is illegal is prohibited.
Mantra reserves the right, in its sole discretion, to modify, alter or otherwise update these HUB Terms at any time, and by using this HUB Website after the posting of a modification, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
1. MANTRA, ITS AFFILIATES AND THE HUB WEBSITE DO NOT PROVIDE MEDICAL ADVICE
We DO NOT OFFER MEDICAL ADVICE OR MEDICAL SERVICES via the HUB Website or Content. If this is an emergency, call 911 or visit a hospital emergency room immediately.
The HUB Content may include general health information or medical-related information, which is provided for general information and educational purposes only. The HUB Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. With respect to your use of the HUB Website or HUB Content, neither Mantra nor its affiliates directly or indirectly practice medicine or any other licensed profession, and they do not interfere with the practice of medicine or any other licensed profession by healthcare providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. NO REPRESENTATION OR WARRANTY IS MADE BY MANTRA OR ITS AFFILIATES THAT ANY PARTICULAR TREATMENT OR METHODOLOGY IS SAFE, APPROPRIATE OR EFFECTIVE, AND NEITHER MANTRA NOR ITS AFFILIATES ENDORSE OR ADVOCATE ANY TREATMENT OR METHODOLOGY. Your use of the HUB Website or HUB Content does not establish any medical professional/patient relationship with Mantra or its affiliates. Mantra, its affiliates and any other third parties who promote Mantra’s services shall not be liable for any treatment or professional advice you obtain from a healthcare provider in reliance on the HUB Website or HUB Content. You should always seek the advice of your physician, therapist, or other qualified health professional with any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have viewed on the HUB Website.
Mantra and its affiliates do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may be mentioned on the HUB Website. Reliance on any information provided by Mantra, its affiliates or their respective employees, others appearing on the HUB Website at the invitation of Mantra, or other visitors to the HUB Website is solely at your own risk.
The HUB Website may contain health- or medical-related HUB Content that are sensitive in nature. If you find these HUB Content offensive, you may not want to use the HUB Website.
YOU AGREE THAT MANTRA, ITS AFFILIATES, LICENSORS, RESELLERS, SUPPLIERS AND BUSINESS PARTNERS ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR DECISIONS RESULTING FROM THE USE OF THE HUB WEBSITE OR THE HUB CONTENT. YOUR USE OF THE HUB WEBSITE OR HUB CONTENT IS AT YOUR SOLE RISK. MANTRA PROVIDES THE HUB WEBSITE “AS IS” AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES.
2. OWNERSHIP OF HUB WEBSITE AND HUB CONTENT
The HUB Website and HUB Content are owned by or licensed to Mantra and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Except as expressly set forth in these HUB Terms or expressly granted to you in writing by Mantra, no rights in the HUB Content (whether by implication, estoppel or otherwise) are granted to you. You acknowledge that you do not acquire any ownership rights in the HUB Content by using the HUB Website. You may only use the HUB Content as expressly set forth in these HUB Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING, OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED.
You are permitted to use the HUB Content only in connection with the HUB Website and are prohibited from making any alterations, additions or other modifications to the HUB Content. You are expressly prohibited from using the HUB Website or HUB Content commercially or for monetary or other reward.
You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the HUB Website. Any and all rights to use the HUB Website that are not expressly granted to you under these HUB Terms are reserved for Mantra, its affiliates, or its licensors. Nothing contained in these HUB Terms will affect, impair, or limit in any way Mantra's or its affiliates’ rights to exploit fully any or all of the HUB Content. Unauthorized use of HUB Content may be a violation of federal and state laws and could result in civil and criminal liability.
3. PROHIBITED CONDUCT
You agree that you will not, including without limitation by use of any robot, scraper or other data mining technology or process, frame, mask, extract data or other materials from, or copy or distribute, the HUB Content (except as may be a result of standard search engine or Internet browser usage). Except as expressly provided in these HUB Terms, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use, the HUB Content in any way, without the prior written permission of a duly authorized Mantra employee. You may not violate any instructions or restrictions communicated to you by Mantra on or through the HUB Website.
You agree not to violate or interfere with the security of the HUB Website, attempt to gain unauthorized access to the HUB Website or data, materials, information, computer systems or networks connected to any server associated with the HUB Website, through hacking, password mining or any other means, or otherwise bypass or circumvent any measure employed to limit or prevent access to the HUB Website or HUB Content. You also agree not to take or attempt any action that, in the sole discretion of Mantra, imposes or may impose an unreasonable or disproportionately large load or burden on the HUB Website or Mantra’s infrastructure. You agree not to use the HUB Website to determine the identity of any specific individuals contained in any video. You further agree not to use the HUB Website for any unlawful purpose.
4. ACCESS TO HUB WEBSITE AND ELECTRONIC COMMUNICATIONS
You are responsible for obtaining access to the HUB Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the HUB Website. You may not bypass any measures that have been implemented to prevent or restrict access to this HUB Website. Any unauthorized access to the HUB Website by you (including any such access or use that involves in any way an account you may establish on the HUB Website or any device you may use to access the HUB Website) shall terminate the permission or license granted to you by Mantra.
When you use the HUB Website or send emails to Mantra, you are communicating with Mantra electronically. You consent to receive electronically any communications related to your use of this HUB Website. Mantra will communicate with you by email, SMS text message, push notifications, or by posting notices on this HUB Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Mantra intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Mantra HUB Websites.
5. DISCLAIMERS
THE HUB WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL HUB CONTENT, INFORMATION, LINKS, PRODUCTS, SERVICES, AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE HUB WEBSITE) ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MANTRA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, MANTRA AND ITS AFFILIATES DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE HUB WEBSITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE HUB WEBSITE (OR THE SERVER(S) THAT MAKES THE HUB WEBSITE AVAILABLE) IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE HUB WEBSITE AND YOUR RELIANCE THEREON.
YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE HUB WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ACCESS OR USE THE HUB WEBSITE.
MANTRA AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, DEATH, MEDICAL CONDITION, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR NEGLIGENCE, STRICT LIABILITY, OR OTHER TORTS, MEDICAL MALPRACTICE, LOST BUSINESS, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) BASED UPON OR RESULTING FROM ANY OPINION, ADVICE, INFORMATION, STATEMENT OR OTHER SUBMISSIONS MADE OR DISPLAYED ON, OR USE OF, THE HUB WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY USER OF THE HUB WEBSITE).
PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, RECOMMENDATION, USER CONTENT, INFORMATION OR STATEMENT AVAILABLE ON THE HUB WEBSITE. A POSSIBILITY EXISTS THAT THE HUB WEBSITE COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE HUB WEBSITE BY THIRD PARTIES. ALTHOUGH MANTRA ATTEMPTS TO ENSURE THE INTEGRITY OF THE HUB WEBSITE, NEITHER MANTRA NOR ITS AFFILIATES MAKE ANY GUARANTEES AS TO COMPLETENESS OR CORRECTNESS OF THE HUB WEBSITE.
6. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER MANTRA NOR ANY OF ITS AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE HUB WEBSITE (INCLUDING THE HUB WEBSITE AND ALL MATERIALS, INFORMATION, LINKS, PRODUCTS, SERVICES, USER CONTENT, AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE HUB WEBSITE); (B) YOUR USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF, THE HUB WEBSITE; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY MANTRA OR ANY OF ITS AFFILIATES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE HUB WEBSITE; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN TECHNICAL OPERATION OF THE HUB WEBSITE; OR (F) ANY DAMAGE TO ANY USER'S DEVICE, HARDWARE, DEVICE SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF MANTRA OR ITS ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE HUB WEBSITE). IN NO EVENT WILL MANTRA OR ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE HUB WEBSITE IS TO STOP USING THE HUB WEBSITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY TO MANTRA AND ITS AFFILIATES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE HUB WEBSITE.
7. LINKS TO THIRD PARTY CONTENT
The HUB Website may provide links to certain web websites, videos, services and features that are provided by third parties. Functionality on the HUB Website may also permit interactions between the HUB Website and a third party website or online feature, including functionality that allows you to connect the HUB Website or your profile on the HUB Website with a third party website. For example, the HUB Website may include features enabling you to indicate on a third party website or service that you “like” certain HUB Website content, to share HUB Website content on a third party website or service, to log-in to the HUB Website using your username and password for a third party website or service, to transmit content to the HUB Website from your account on a third party website or service, and to otherwise connect the HUB Website to a third party website or service. Using this functionality may require you to login to your account on the third party website, and you do so at your own risk.
Mantra and its affiliates do not control any of these third party websites or services, or any of their content. Accordingly, you understand and agree that neither Mantra nor its affiliates are responsible for your use of these third party websites or services, and that your use of such HUB Websites, streams, or services is subject to the terms and conditions established by such third parties. Mantra reserves the right to terminate a link to a third party website at any time. The third party websites are not controlled by Mantra or its affiliates, and may have different HUB Terms and privacy policies, which Mantra encourages you to review. YOUR CORRESPONDENCE WITH THIRD PARTIES FOUND THROUGH THE HUB WEBSITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS OR SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
Descriptions of, references to, or links to products, services or publications within the HUB Website do not imply endorsement of that product, service or publication.
8. PRIVACY POLICY
Your use of the HUB Website and communications with Mantra are governed by and subject to the Privacy Policy. You agree that you have read Mantra’s Privacy Policy, and agree that it is acceptable to you. By agreeing to these HUB Terms and/or using the HUB Website, you agree that you consent to the information handling practices and other provisions in Mantra’s Privacy Policy.
9. MISCELLANEOUS
The failure of Mantra or its affiliates to act with respect to a breach of these HUB Terms by you or others does not waive Mantra’s or its affiliates’ right to act with respect to subsequent or similar breaches.
Mantra and its affiliates do not guarantee they will take action against all breaches of these HUB Terms. Except as otherwise expressly provided in these HUB Terms, there shall be no third-party beneficiaries to these HUB Terms.