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TERMS OF USE

Objectiv Growth LLC’S TERMS OF USE

 

This www.objectiv.com website (this “Website”) is provided by Objectiv Growth LLC (“OBJECTIV”). Your use of the Website is governed by these website terms of use (the “Terms of Use”). Please read them carefully before using this Website. By using this Website, you agree to be bound by and to honor all provisions of the Terms of Use, Privacy Policy and Legal Statement. This Website is not intended for use by anyone under 21 years old.  If you do not agree to the Policies, you may not access or otherwise use this Website.

OBJECTIV might from time to time revise the Terms of Use. By continuing to use and access the Website after revisions to the Terms of Use, you agree to the Terms of Use as revised. Please review the Terms of Use each time you intend to use the Website. For your convenience, OBJECTIV will indicate the date that the Terms of Use were last updated.

All policies included on this Website, including the Privacy Policy, and the Legal Statement, are incorporated into these Terms of Use by reference and form part of the Terms of Use.

Intellectual Property

All exclusive product names and features that may appear on this Website and/or on OBJECTIV’s products from time to time are trademarks of OBJECTIV. This Website, and all text, graphics, photos, audio and audiovisual recordings, and other content, including MANTRA brand material published by the Website (collectively, “Website Content”) belong to OBJECTIV. All rights to Website Content are reserved. You may view, download and print Website Content only for your own personal, non-commercial use. Except as expressly authorized by these Terms of Use, you may not copy, reproduce, distribute, disseminate, republish, license, download, perform, display, post, transmit, exploit, sell, create derivative works or otherwise use any Website Content in any form, by any means, or for any purpose, without OBJECTIV’s express prior written consent.

As new products are developed and/or modifications are made, additional trademark, patent and/or copyright protections may apply and same shall be incorporated into and form part of these Terms of Use with or without any further notice.

Website Use Restrictions

You agree to use the Website only for lawful purposes in a lawful manner. OBJECTIV does not represent or warrant that your use of this Website will comply with the laws of the jurisdiction or territory in which you use it. You are responsible for your compliance with all applicable laws. You agree not to use or access this Website from any jurisdiction or territory in which any of the Website Content is illegal or impermissible.

You agree not to use this Website in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Website. You will not use any spider, robot (“bot”), deep link, page scrape, crawl, index, Internet agent, or other automated device, program, algorithm or technology which performs the same or similar functions, to use, access, copy, acquire, input or store information, generate impressions, search, generate searches or monitor the Website or any portions thereof.

You agree not to access this Website by any means other than via the user interface provided by OBJECTIV for such purpose. You will not run, frame or otherwise display the Website Content on any other website. Unless OBJECTIV objects or blocks such links, which it may do at any time without any notice, you may link to this Website from your own website, but only to this Website’s home page (www.objectiv.com), and only in a manner that does not state or imply OBJECTIV’s sponsorship, endorsement, license or other affiliation between OBJECTIV and you, your website, products, services, activities or representatives.

Indemnification, Disclaimers and Liability

You agree to the fullest extent permitted by law to indemnify and hold harmless OBJECTIV, its members, employees, officers, directors, affiliates and agents  (collectively, the “OBJECTIV Group”) against and for all actual and/or threatened claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees and costs), resulting or arising from or relating to your use, attempted use, or conduct at the Website; any activity related to your account by you or any other person; your violation of these Terms of Use; or your infringement or violation of any rights of another person or entity.

OBJECTIV PROVIDES THE WEBSITE ONLY ON AN “AS IS” AND AS AVAILABLE BASIS. YOU USE THE WEBSITE AT YOUR SOLE RISK. OBJECTIV DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW IN THE JURISDICTION OR TERRITORY IN WHICH YOU USE THE WEBSITE. IN PARTICULAR, OBJECTIV DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM WEBSITE USE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER MALWARE OR HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY OBJECTIV OR ANY REPRESENTATIVE SHALL CREATE ANY REPRESENTATION OR WARRANTY.

THE OBJECTIV GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF ANY NOTICE THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT.  These limitations of liability apply EVEN IF THERE HAS BEEN EXPRESSED PRIOR NOTICE REGARDING POTENTIAL LOSS.

By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.  If you do not think they are reasonable, you must not use this Website.

You accept that, as a limited liability company, OBJECTIV has an interest in limiting the personal liability of its members, owners, officers, and employees.  You agree that you will not bring any claim personally against OBJECTIV’s members, owners, officers, and employees in respect of any losses you suffer in connection with the Website.  

To the fullest extent permitted by law, you agree that any claim or cause of action that you assert arising from or relating to use of the Website or these Terms of Use must be filed within six (6) months after such claim or cause of action arose, or any such purported claim or cause of action shall forever be barred.  Nothing herein constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any matter you should consult an appropriate professional. Because some jurisdictions or territories do not permit the disclaimer of certain warranties, or the exclusion or limitation of certain types of liability, some of the foregoing disclaimers and limitations might not apply to you.

General provisions

These Terms of Use set forth the entire understanding of the parties with respect to its subject matter.  In the event that any one or more of the terms and conditions contained in these Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired thereby. OBJECTIV’s failure to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit of any right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use. These Terms of Use shall be deemed to have been made in the State of Michigan and shall be construed and enforced in accordance with the laws of the State of Michigan applicable to contracts negotiated, executed and performed within said State without regard to any conflict of law provisions The parties shall make a good faith effort to resolve any breach of these Terms of Use, or any other dispute arising under or in connection with these Terms of Use, through mediation conducted within thirty (30) days following first assertion of the breach or dispute. If eight (8) hours of such mediation does not fully resolve the breach or dispute, or if the parties do not conduct such mediation, the breach or dispute shall be resolved in Detroit, Michigan by binding arbitration under the administration and rules of JAMS (www.jamsadr.com). Notwithstanding the foregoing mediation and arbitration provisions, OBJECTIV never shall be precluded or delayed from seeking and obtaining temporary, preliminary and permanent injunctive relief against infringement or other violation of its claimed intellectual property rights, or other relief that it deems reasonably necessary to defend or enforce its rights or these Terms of Use, in any court(s) of competent jurisdiction.  OBJECTIV may assign, transfer, sub-contract or otherwise deal with all of its rights, including those set forth herein without notifying you or obtaining your consent.  You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.  

 

Contacting Us 

If there are any questions regarding these Terms of Use, you may contact OBJECTIV via:

sales@objectiv.com

OBJECTIV will make a sincere effort to respond to your requests.

Last updated on February 1st, 2023.

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