Terms of Service, FDA Information, and Kava Regulations
Terms of Service
These terms of service ("Terms") govern your use of our website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.
Use of our Services
You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To transmit any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which, as determined by us, may harm Mohana or users of our Services or expose them to liability.
Intellectual Property
All content on our Services, including but not limited to text, graphics, logos, images, and software, is the property of Mohana or its licensors and is protected by United States and international copyright laws. You may not copy, reproduce, distribute, modify, or create derivative works from any content on our Services without our express written consent.
Trademark Notice
Mohana's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mohana or its affiliates or licensors. You may not use any of these marks without our express written consent.
Disclaimer of Warranties
Our Services are provided "as is" and "as available" without any warranty of any kind, either express or implied. Mohana does not warrant that our Services will be uninterrupted or error-free, that defects will be corrected, or that our Services or the servers that make them available are free of viruses or other harmful components. You use our Services at your own risk.
Limitation of Liability
In no event will Mohana, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind arising out of or in connection with your use of our Services. This includes, but is not limited to, direct, indirect, incidental, punitive, and consequential damages.
Indemnification
You agree to indemnify and hold Mohana, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services.
Governing Law
These Terms and your use of our Services are governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law provisions. Any legal suit, action, or proceeding arising out of or relating to these Terms or your use of our Services must be instituted exclusively in the federal or state courts located in San Francisco County, California.
Changes to these Terms
We may revise these Terms at any time in our sole discretion. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes.
Mobile Terms of Service
Mohana
Last updated: May 17, 2023
The Mohana mobile message service (the "Service") is operated by Mohana (“Mohana”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Mohana's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Mohana through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Mohana. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to Mohana or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Mohana mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, email founders@drinkmohana.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Regulatory Notice on Kava
Kava is subject to regulation and may be restricted or banned in certain U.S. states and international jurisdictions. By purchasing our products, you acknowledge that it is your responsibility to understand and comply with all local, state, and federal laws regarding the possession and consumption of kava. We do not make any representation or guarantee that our products are legal in your location, and we reserve the right to refuse or cancel any order if shipment would violate applicable laws.
Kava is subject to regulation and may be restricted or banned in certain U.S. states and international jurisdictions. By purchasing our products, you acknowledge that it is your responsibility to understand and comply with all local, state, and federal laws regarding the possession and consumption of kava. We do not make any representation or guarantee that our products are legal in your location, and we reserve the right to refuse or cancel any order if shipment would violate applicable laws.
Health & Safety Disclaimer
Statements regarding our kava products have not been evaluated by the Food and Drug Administration (FDA). These products are not intended to diagnose, treat, cure, or prevent any disease. Kava should not be consumed by persons under the age of 18, or by women who are pregnant or nursing. If you have a medical condition, are taking medication, or have concerns about liver health, consult with a qualified healthcare professional before use. Consumption of kava may impair your ability to drive or operate machinery. Use responsibly.
Statements regarding our kava products have not been evaluated by the Food and Drug Administration (FDA). These products are not intended to diagnose, treat, cure, or prevent any disease. Kava should not be consumed by persons under the age of 18, or by women who are pregnant or nursing. If you have a medical condition, are taking medication, or have concerns about liver health, consult with a qualified healthcare professional before use. Consumption of kava may impair your ability to drive or operate machinery. Use responsibly.
Contact Us
If you have any questions about these Terms, please contact us at founders@drinkmohana.com.