Mitragaia LTD

Any dispute will be handled in the EU

POLICIES BY PURCHASING ANY PRODUCTS FROM MITRAGAIA LTD (herein referred to as MITRAGAIA), YOU ARE AGREEING WHOLLY TO ALL OF THE FOLLOWING TERMS AND CONDITIONS.

WARNING! This product has not been approved by the U.S. Food and Drug Administration (FDA) and therefore, is not intended to diagnose, treat, cure, or prevent any disease. See Import Alert 54-15 issued by the FDA for more information.

Seller posses the right to change these terms at anytime and without notice to Buyer. “Seller” refers to MITRAGAIA, the website www.mitragaia.com, and all persons in association with MITRAGAIA; “Buyer” refers to the individual, company, firm, or other legal entity purchasing the Goods from the Seller for any and all purposes; “Goods” refers to any and all of the material or products which are the subject of the Contract; and “Contract” refers to a mutual agreement between the Seller and Buyer in exchange for the sale of Goods.

  1. Age. Goods may not be purchased by anyone under the age of 18, except in Louisiana where you must be 19.
    • We require date of birth as part of the ordering process in order to check for this age requirement.
    • Buyer agrees at time of purchase that all orders may be subject to the requirement of adult signature or other proof of age of Buyer prior to or on date of delivery.
  2. Use. Buyer acknowledges that any and all Goods purchased from Seller are intended solely for the purpose of scientific research and development and are in no way intended for human consumption under any circumstances. Buyer agrees that any consumption of Goods offered by Seller is a misuse of said Goods. Buyer will not hold Seller responsible for any consequence, whether seen or unforeseen, nor will Buyer hold Seller responsible for any harm or injury resulting from the misuse of said Goods.
  3. Regulation and Risk of Loss. Buyer is fully responsible for any and all local laws pertaining to the purchase of Goods. Seller declares the offer of Goods void where prohibited. If Goods are lost during transport to Buyer, due to Buyer negligence to obey all applicable laws, whether local or otherwise, Seller deems loss of Goods the responsibility of the Buyer. Any risk of loss is immediately transferred to Buyer upon purchase of Goods.
  4. Personal Information. The billing and shipping information given to Seller are affirmed by Buyer and are said to be both truthful and accurate. Buyer confirms all personal information given is solely Buyer’s information and is not that of any third party.
  5. Right to Refuse Sale. Seller may refuse sale or service to anyone for any reason. Goods will never be shipped or sold to Buyers in the following countries for any reason: Thailand, Bhutan, Australia, Finland, Denmark, Poland, Lithuania, Malaysia, Myanmar (Burma). Goods will also never be shipped to Buyers in the state of Alabama, Arkansas, Indiana, Rhode Island, Vermont or Wisconsin.
  6. Shipping. Seller will make all efforts to ship Goods to Buyer in an expeditious manner. In the event that a delay occurs, Buyer acknowledges that Seller is not liable.
  7. Refunds and Returns: Any and all opened Goods are not eligible for refund or return. If you have an unopened sealed package you would like to return, you can contact MITRAGAIA for return options. All purchases of 30 days or longer from time of purchase are final and not eligible for refund. Refunds can take 72 hours or more to process or post to your account. Weekends and holidays may effect this time and cause more delays. Please contact us first if you are unsatisfied at support@mitragaia.com, as we will do everything possible to make you a happy and repeated customer.
  8. Severability. The validity of these terms and conditions is not altered by the pronouncement of one or more of the terms and conditions legally invalid, illegal, or unenforceable. Each term and condition exclusively exists on its own merits and shall not be rendered invalid by any change in the others, regardless of circumstance.
  9. Choice of Law and Venue. These Terms and Conditions, as well as any sale of Goods to Buyer, are deemed to have been both agreed to and have had occurred in the State of Nevada. Any disputes or clarification of interpretation, and the remedies for enforcement or breach of contract, are to be applied pursuant to and in accordance with the laws of the State of Nevada. Buyer and Seller expressly agree that all actions or proceedings arising in relation to the sale of any Goods or these Terms and Conditions shall be tried and litigated exclusively in the State or Federal Courts within the State of Nevada. The Buyer relinquishes the right to contest exclusive venue by any motion to transfer, motion for forum non-conveniens or any and all related motions.
  10. Disclaimer of Liability. The purpose of this Terms and Conditions agreement is to remove any and all liability of the Seller for events where harm or injury occurred as result from the purchase, use, or misuse of the Goods.

By purchasing the Goods you are hereby affirming the following:

  1. I am over 18. I am an adult under the laws of my State and Country.
  2. I am in good health, of sound mind and body, and am capable of making my own decisions and representations.
  3. LIMITATION AND DISCLAIMER OF WARRANTIES. I clearly understand that all Goods & information obtained through Seller are provided ‘AS IS.’ Goods are without warranty, express or implied. All implied warranties of merchantability, fitness for a particular purpose, are expressly hereby disclaimed.
  4. Under no circumstances will Seller be liable to me or any third party for any damages or injury resulting from use, misuse, or improper use of Goods. Neither shall Seller be liable, to me or any third party, for actions taken, by me or any third party, resulting from reliance on information or views, verbal or in literature obtained through Seller by any means. Waiver of liability includes and encompasses any and all damages whether incidental, consequential, special, or similar.
  5. I agree to indemnify and hold harmless both Seller and all other parties involved, including but not limited to their owners, officers, affiliates, associates and employees, for any and all damages resulting from the purchase, use, or misuse of Goods. Seller and all of the aforementioned related parties shall not be liable under any circumstance or theory whatsoever.
  6. No circumstance shall exist where Seller shall be liable for any damages whether direct or indirect, special, incidental, consequential or punitive.
  7. Payments and Non-Sufficient Funds Fee: If paying by check, you authorize us or our financial institution to debit the bank account you provide by way of an Automated Clearing House (ACH) debit at any time on or after the Payment Due Date for the Total of payments as well as any fees that are unpaid by you. If there are insufficient funds in your bank account when the debit is processed, a single NSF fee of $20.00 will be added to your balance due to us and debited from your bank account. If funds are not available when we debit your bank account on the payment due date, you authorize us and/or our representatives to perform additional electronic debits to your bank account for the outstanding balanced owed to us (which includes the one-time NSF fee of $20.00 ), until such time as the entire balance is repaid in full. If paying by non-check methods, you authorize us or our financial institution to debit the payment method you provided at any time on or after the Payment Due Date for the Total of payments as well as any fees that are unpaid by you. If there are insufficient funds, a single NSF fee of $20.00 will be added to your balance due to us. If funds are not available when we debit your payment method on the payment due date, you authorize us and/or our representatives to perform additional debits for the outstanding balanced owed to us (which includes the one-time NSF fee of $20.00 ), until such time as the entire balance is repaid in full.
  8. I HAVE CLEARLY READ AND FULLY UNDERSTAND AND COMPREHEND THESE TERMS AND CONDITIONS, AS WELL AS ANY AND ALL CAUTIONS & WARNINGS, INCLUDING BUT NOT LIMITED TO THE WARNINGS PRINTED ON THE LABEL. I hereby agree and state that I will carefully abide by these cautions & warnings. I will also abide by and follow all warnings stated on the website regarding product use.

SHIPPING POLICY

SHIPPING / REFUNDS / RESHIPPING There is No USPS shipping on Sundays and federal holidays, as USPS will not collect mail on Sundays and federal holidays. MITRAGAIA can only guarantee shipping from our facility. Once your order leaves our facility, we can no longer be held responsible for its destination arrival time. We will, however, do everything in our power to assist you in ensuring your package arrives successfully.

Every effort is made to ship same day for confirmed orders received Monday through Friday, before 2:00pm EDT. Orders over 10 pounds or totaling more than $3500.00 may be held until payment is received from your bank.

Email confirmation is sent from noreply@shippingeasy.com when the days shipping report is generated on the day your order is shipped. Orders not received or processed in time for our pickup will ship the following business day. This will delay the receipt of your shipping confirmation. Please be mindful of Sundays and federal holidays when USPS will not collect outgoing shipments.

USPS shipping: Priority Flat Rate and Priority Mail Express shipping policies state that delivery time will vary based upon the origin and destination zip codes. You can check your estimated delivery time on the USPS website.

MITRAGAIA strives to ensure our customers receive their packages as expeditiously as possible. Once tracking indicates your shipment is received by USPS, any questions concerning the routing or delivery of your packages should be directed to USPS. If for any reason they are unable to assist you, contact us at support@mitragaia.com

Keep out of the reach of children.

Not intended as a replacement for any controlled substance.

This is not to be confused with synthetically-enhanced potpourri or herbal incense.

All products currently on our site contain NO SYNTHETIC INGREDIENTS & are not meant to replace those that do, or any illegal substance, for that matter.

100% Mitragyna Speciosa. WARNING! This product has not been approved by the U.S. Food and Drug Administration (FDA) and therefore, is not intended to diagnose, treat, cure, or prevent any disease. See Import Alert 54-15 issued by the FDA for more information.

MITRAGAIA actively enforces the restrictions of any City, County or State prohibiting the sale or distribution of our products.

Our products are sold as a bulk botanical for research and educational purposes only.

Our content is educational in nature and is not intended to promote the consumption of Mitragyna Speciosa. No medical claims are made or validated. You are responsible to understand the laws in your country and state. Please view our Terms & Privacy page to view our terms & conditions and privacy policy. This site and information is strictly for informational purposes only.

Mitragyna Speciosa has not been evaluated by the FDA and we do not promote the medicinal use of Mitragyna Speciosa. Consuming Mitragyna Speciosa can lead to documented health risks and also has addictive potential. Our company does not endorse consumption and any information relating to such is for educational purposes only. Our blog also does not endorse or claim legal advice. Please do your research on laws in advance.

By reading you accept these terms and conditions.

CHOOSE US FOR OUR QUALITY

We want you to trust us. Even though we are rather new in the Mitragyna Speciosa market, our company understands the importance of offering a quality product. Our supply chain is sustainable and you can trust us to be your long term supplier of Mitragyna Speciosa. We will never sacrifice quality for profits and understand the frustrations of getting an inferior product.

DISCLAIMER

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent disease.

WARNING! This product is sold as a bulk botanical specimen. This product has not been approved by the U.S. Food and Drug Administration (FDA) and therefore, is not intended to diagnose, treat, cure, or prevent any disease. See Import Alert 54-15 issued by the FDA for more information.

This product is not sold to minors. Must be 18 years of age to use this product- except in Louisiana must be 19 years of age.

Use all products with caution. Do not use while operating a motor vehicle or machinery or if you are pregnant or nursing, or if you are taking any prescription or non-prescription medication or drugs.

Mitragyna Speciosa is currently illegal in Alabama, Arkansas, Indiana, Rhode Island, Vermont and Wisconsin. The following states have pending legislature: Iowa, Louisiana, and Michigan. Individual cities and counties in California, Illinois and Florida also have restrictions. The following countries also have banned Mitragyna Speciosa: Australia, Thailand, Malaysia, and Burma (Myanmar)

This website contains general information The information is not advice, and should not be treated as such. The general information on this website is provided “as is” without any representations or warranties, express or implied.

This website may contain links to third-party websites. The Company provides these links as a convenience only and does not endorse any of these sites. The Company is not responsible for the content of, and does not make any representations regarding the materials on, such linked third-party websites. If you decide to access or rely on information at linked third-party website, you do so at your own risk.


AFFILIATES

The purpose of this Agreement (hereafter referred to as the “Agreement”) is to set forth Mitragaia’s Affiliate Terms and Conditions.

Terms and Conditions

This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Affiliate Program of Mitragaia, and the establishment of links from your affiliate web site to our web site Website URL as used in this Agreement, “we,” “us” “our,” or “Company” means Mitragaia and “you” or “your” means the Affiliate, and “Product” means any and all items offered for sale by us on the Mitragaia web site. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Mitragaia. BY CLICKING THE “I AGREE” BUTTON ON THE AFFILIATE APPLICATION, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ THE AFFILIATE AGREEMENT AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.

Enrollment in the Affiliate Program

To begin the enrollment process, you will submit a completed Affiliate Application via our web site. Once your application has been approved, you will receive your affiliate code and password to allow you to start marketing Mitragaia products. We may reject your application if we determine (in our sole discretion) that your site is unsuitable as an Affiliate for any reason, including, but not limited to, if your site incorporates images or content that is in any way unlawful, harmful, threatening, defamatory, obscene; harassing or racially, ethically, or otherwise objectionable; such as sites that facilitate illegal activity; depict sexually explicit images; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities or incorporate any materials that infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights (collectively “Content Restrictions”).

Using Our Links on Your Site

Link means a hyperlink to the Mitragaia web site that is copied and pasted from your individual password-protected affiliate administration area on our site. If the HTML code is altered in any way after copying from that web page, we take no responsibility for you receiving credit for any sale. Any change you make may cause the tracking to no longer function correctly.

As an affiliate site (“Affiliate Site”), we will make available to you banners, button links to our web site and/or text links to our web site, containing Mitragaia logo and words identifying Mitragaia. In using the links, you agree that you will take full responsibility in maintaining all such links. All Affiliate Sites shall display such graphic images prominently throughout your site as you see fit and with our consent.

You shall not alter, modify, or expand the links in any way without our written consent. Each link connecting users of your web site to our web site will in no way alter the look, feel, or functionality of our web site. We have the right in our sole discretion to monitor your web site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.

Affiliate should place the appropriate copyright and trademark notices. You are allowed to use the prices of the Mitragaia products on your web site but you are responsible for keeping your information on pricing up-to-date as Mitragaia from time to time will post specials, discounts or change product pricing in their sole discretion.

Order Processing

We will be responsible for providing all information necessary to allow you to make appropriate links from your web site to our web site. However, all links must be approved by Mitragaia. We will process orders placed by customers who follow the links from your web site to the Mitragaia web site. We reserve the right to reject orders that do not comply with certain requirements, that we periodically may establish.

We will be solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing, shipping and handling, cancellations, returns and related customer service. We will track the volume and amount of sales generated by your web site and will make unaudited reports available for your review through your affiliate account on our web site. The form, content, and frequency of the reports may vary from time to time to our discretion.

To permit accurate tracking, reporting, and fee accrual, you must ensure that the links between your web site and our web site are properly formatted. It is your sole responsibility to ensure that the links that you have placed on your web site are always working properly.

Commissions

Commissions (Commission Rate) on trackable online sales are paid on net sales (i.e., the net is the remaining amount after any of these deductions: sales tax, duty, shipping, handling, credit card fees and similar charges, and not including any portion of payment made through the redemption of gift certificates, coupons, or credits. The Commission Rate is subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the Commission Rate.

Commissions will also be reduced for amounts due to credit card fraud, bad debts, cancellations, charge backs and credits for returned goods. A commission will be paid only if the visitor to our web site is tracked by the system from the time of the link to the time of the sale. No commission will be paid if the visitor to our web site cannot be tracked by our system.

Affiliate and Net Sales Percentage

The commission rate for all Affiliates will be 10%, unless otherwise agreed to by the Affiliate and Mitragaia. The above fee schedule is subject to change without notice. Our cookies expire in two days, so repeat visitors that do not come directly from your web site will still count toward your commissions if the cookie is not otherwise removed by the user.

For a sale to generate a commission, the customer must follow the link from your web site to our web site, purchase the Product or Products in question using our online ordering system, accept delivery of the item at the shipping destination, and remit full payment to us.

Commission Payment

Commissions on sales are paid on net sales actually collected from customers. Orders are not eligible for a commission due to credit card fraud, bad debts, cancellations, charge backs and credits for returned Products. If a commission has been paid, the commission will be deducted from future commissions.

Commissions will be paid 30 days after the order is fulfilled. All commissions are paid at the end of any given month. The Commission base is subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the Commission base.

All commissions payments are made through Zelle unless special arrangements are made for affiliates who do not have access to Zelle. A minimum balance of $50 is required to receive a payout. You agree that you are solely responsible for all tax obligations due to all taxing authorities arising from or in connection with your participation in our Affiliate Program. Mitragaia shall not withhold any taxes of any kind from your commission checks.

Mitragaia is not responsible for resending lost or missing payments past 90 days from payment date.

Reports of Sales

You will be given a password and have the ability to enter a password-protected web site to receive your sales statistics on a daily basis.

Policies and Pricing

Customers who buy Product through the Affiliate Program will be deemed to be customers of Mitragaia. Accordingly, all Mitragaia rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for Product sold under the Affiliate Program in accordance with our own pricing policies.

Product prices and availability may vary from time to time. Because price changes may affect items that you already have listed on your web site, you will be responsible for maintaining the correct current prices on your web site at all times. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product.

Non-Exclusive Limited License and Use of Mitragaia Logos and Trademarks

We grant you a non-exclusive, non-transferable, revocable right to (i) access our web site through links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks and similar identifying material (collectively ” Marks”), solely for the purpose of selling Product on your web site for Mitragaia. You may not alter, modify, or change the Mitragaia logos, trademarks or any other text content provided to you through the Mitragaia affiliate section. The use of any of the logos, trademarks or text content are only extended to members in good standing in the Mitragaia Affiliate Program. If you see logos, trademarked items or text content that is not in the materials available to affiliates in the marketing section and you wish to use on your web site, you may not use them without prior written permission.

Permission is not to be construed as Mitragaia giving you any legal ownership or rights to these logos, trademarks, or text content. Mitragaia’s own use of any logos, trademarks, or text content in the display or marketing of Mitragaia products does not automatically make it acceptable for affiliates to assume usage of same materials is considered acceptable use of such materials for promotion of Mitragaia products. Affiliates should assume that ONLY materials directly made available from Mitragaia to Affiliate for the purpose of selling product for Mitragaia shall be acceptable to use. The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this Agreement.

Additionally, we reserve the right to secure the highest position in pay-per-click and pay-per-position search engines and advertising sites by submitting a bid for URLs or other search terms considered as trademarks, sales marks, service marks, registered trademarks, or registered URLs (or any variations or abbreviations of same) of Mitragaia. At no time shall you submit bids or use other methods that would cause listings for your site to rank higher than Mitragaia rankings for trademarks, sales marks, service marks, registered trademarks, or registered URLs (or any variations or abbreviations of same) of Mitragaia.

Publicity, Email, and Spam Policies

You shall not create, publish, distribute or permit any written material that makes reference to Mitragaia, without first submitting such material to us and receiving our written consent. Be careful about your advertising methods using email. Mitragaia will not tolerate any forms of Spam.

We will hear both sides of a Spam complaint but we will remove one affiliate before we risk all affiliates losing email privileges. In the event an affiliate is charged with spamming practices, Mitragaia shall not be held liable for any legal action taken against said affiliate nor be financially responsible for fines owed by said affiliate.

Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of your web site and for all materials that appear on your web site. We shall have no responsibility for the development, operation, and maintenance of your web site and for all materials that appear on your web site. You hereby represent and warrant to us that materials posted on your web site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and that materials posted on your web site are not libelous or otherwise illegal. You must have express permission to use copyrighted material owned by another party or other proprietary material.

We will not be responsible if you use copyrighted material from another party or other proprietary material in violation of the law.

Term of the Agreement

The term of this Agreement will begin when your affiliate application has been received by Mitragaia through the Mitragaia web site and you have accepted the Terms and Conditions in this Agreement. This Agreement will end when terminated by either party. The Agreement may be terminated by Mitragaia or the affiliate for any reason upon thirty (30) days prior email or written notice, or immediately upon notice of any breach of the provisions of this Agreement.

Upon termination you may no longer use Mitragaia banners, images, content, trademarks, etc., on your web site, or provide hyperlinks to the Mitragaia web site. If this Agreement is terminated because you have violated the terms of this Agreement or if this Agreement is terminated because your web site becomes subject to the Content Restrictions set forth in Section 1, you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are eligible to earn a commission only on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned.

We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.

Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by email to your address on our records, or the posting on our web site of a change notice or a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules.

All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our web site, will constitute binding acceptance of the change.

Relationship of Parties

You and Mitragaia are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitation of Liability

We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data arising in connection with this Agreement, the Affiliate Program, or Mitragaia performance of services or of any other obligations relating to the Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.

Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or any Product or other items sold through the Affiliate Program (including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our web site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Representations and Warranties

You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment, or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document, or instrument applicable to you or binding upon you.

Confidentiality

We may disclose to you certain information as a result of your participation as part of the Affiliate Program, which information we consider to be confidential (herein referred to as “Confidential Information”). For purposes of this Agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, web site, business and financial information relating to Mitragaia, customer and vendor lists relating to Mitragaia, and pricing and sales information for Mitragaia and any members of the Affiliate Program other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process.

We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or third-party use of the information.

Indemnification

You hereby agree to indemnify, defend, and hold harmless Mitragaia, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorney fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any representation or warranty made by you herein; or (iii) or any claim related to your web site.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETITIVE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Miscellaneous

This Agreement will be governed by the laws of the United States and the State of Nevada, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Las Vegas, Nevada and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MITRAGAIA. BY CLICKING THE “I ACCEPT” BUTTON IN THE AFFILIATE APPLICATION YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE NETWORK AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.