TERMS OF USE AGREEMENT


           This Terms of Use Agreement (the “Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“User” or “you”) and Mindful Awareness Practices, LLC, and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the MindfulAwarenessPractices.com website, the MAPs For Educators Program and/or any of the other “MAPs for” Programs (collectively the “Programs” or “Website”). The Programs as well as any other media form, media channel, mobile website or mobile application related or connected thereto, included but not limited to any printed materials, homework assignments, instructor manuals and other related materials are collectively referred to as the “Content.” Company may make available supplemental terms and conditions or documents through the Website from time to time, and hereby expressly incorporates them into this Agreement by reference. 

Company makes no representation that the Content is appropriate or available in other locations other than where it is operated by Company. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

Children: All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for or utilize the Website or any Content.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS, OR CONTINUE TO USE OR ACCESS, THE WEBSITE AND/OR THE CONTENT. 

MEDICAL DISCLAIMER

Although Company aims to work with individuals and organizations to help them better cope and handle stress and build greater resilience, the Company is not a healthcare or medical provider. You shall not consider any information conveyed on or through the Website or any Content as medical advice or a medical diagnosis. Only the User’s physician or other healthcare provider can provide medical advice or diagnosis to you. Company makes no claims, representations or guarantees that its Website, Content, Programs, methods, and/or tools provide a physical or therapeutic benefit. The Website and Content is intended for general information purposes only and is not intended for the User to rely upon as a substitute for professional medical advice based on your individual condition and circumstances.

You assume full responsibility for your decisions and actions. USER IS ENCOURAGED TO SEEK PROFESSIONAL ASSISTANCE AND/OR GUIDANCE IN THE EVENT USER IS EXPERIENCING ANY MENTAL, PHYSICAL AND/OR EMOTIONAL SYMPTOMS THAT USER FEELS REQUIRE THIRD PARTY INTERVENTION.

 

PURCHASES; PAYMENT

Company may choose to bill you through an online billing account for purchases of products and/or services. You agree to pay Company all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. Accordingly, you agree to Company storing and processing your personal information for the purposes of processing payments and tracking use of the Website. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. All payments shall be in U.S. dollars. 

By purchasing within, subscribing to, or otherwise utilizing the Website, you may receive special offers, marketing materials and survey communication emails with respect to the Website.


REFUND POLICY

All sales are final and no refunds shall be issued. 


USER REPRESENTATIONS

Regarding Your Registration:

By using the Website, you represent and warrant that: 

A. all registration information you submit is truthful, current, complete and accurate;

B. you will maintain the accuracy of such information as required.

C. you will keep your password confidential and will be responsible for all use of your password and account;

D. you are not a minor in the jurisdiction in which you reside.

E. your use of the Website does not violate any applicable law or regulation; and

F. you meet and can maintain any minimum technical requirements needed to access or utilize the Website and any other related materials.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website, Content or any portion thereof. 

Company reserves the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.

Regarding Content You Provide:

The Website may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Company and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "Contributions"). Any Contributions you transmit to Company will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:


A. The creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;

B. You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;

C. You have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;

D. Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

E. Your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;

F. Your Contribution does not include any offensive comments that are connected to race, religion, national origin, gender, sexual preference or physical handicap;

G. Your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.


CONTRIBUTION LICENSE:

Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement. Further, you grant Company an irrevocable, royalty-free, perpetual, transferable, license to use, modify, create derivative works from, publish, display and sublicense your Contributions, in whole or in part, in any format and on any platform either now known or hereinafter invented. However, Company will ensure user privacy by rendering anonymous user Contributions distributed to any audience outside of Company, its legal advisors, law enforcement, or professional consultancies.

By uploading your Contributions to the Website, you hereby authorize Company to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.


GUIDELINES FOR REVIEWS:


Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or partner of Company. Company does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

 

MOBILE APPLICATION LICENSE

Use License:

If you are accessing the Website via a mobile device, then Company grants you a revocable, non-exclusive, non-transferable, limited right to use the Program on wireless handsets owned and controlled by you, and to access and use the Website on such devices strictly in accordance with the terms and conditions of this license as well as all other obligations and restrictions arising under this Agreement. You shall use the Program strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the program; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the Program available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the Program for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Program; (h) use the Program to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Program.


SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

PROHIBITED ACTIVITIES

You may not access or use the Website, Programs and/or Content for any other purpose other than that for which Company makes it available. The Website, Programs and Content may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:  


A. Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website 

B. Attempting to impersonate another user or person or using the username of another user 

C. Criminal or tortious activity 

D. Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website 

E. Deleting the copyright or other proprietary rights notice from any Website content 

F. Engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools 

G. Except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software 

H. Harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Website to you 

I. Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website 

J. Making any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses 

K. Selling or otherwise transferring your profile 

L. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company 

M. Tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords 

N. Using any information obtained from the Website in order to harass, abuse, or harm another person 

O. Using the Website as part of any effort to compete with Company or to provide services as a service bureau 

P. Using the Website in a manner inconsistent with any and all applicable laws and regulations

Q. Using the Website for any scientific research, analysis or evaluation without Company’s express written consent.





 

INTELLECTUAL PROPERTY RIGHTS:

The content on the Website, including but not limited to the Programs and Content (collectively hereinafter referred to as the “Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. 

Company Content on or accessed through the Website is provided to you “AS IS” for your information and personal and non-commercial use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks. 


THIRD PARTY WEBSITES AND CONTENT

The Website contains, or you may be sent through the Website, links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

 

SITE MANAGEMENT

Company reserves the right but does not have the obligation to:

A.   Monitor the Website for violations of this Agreement;

B.   Take appropriate legal action against anyone who, in Company’s sole discretion, violates this      Agreement, including without limitation, reporting such User to law enforcement authorities;

C.   In Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any User’s contribution or any portion thereof that           may violate this Agreement or any Company policy;

D.   In Company’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome       to Company’s systems;

E.  Otherwise manage the Website in a manner designed to protect the rights and property of           Company and others and to facilitate the proper functioning of the Website. 

 

 

PRIVACY POLICY

We care about the privacy of our Users. Please review the Company Privacy Policy. By using the Website, you are consenting to have your personal data transferred to and processed in the United States. By using the Website, you are consenting to the terms of our Privacy Policy.


DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications:

If you believe that content available on or through our Website infringes one or more of your copyrights, please immediately notify our Designated Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by our Website infringes your copyright, you should consider first contacting an attorney. Our Website has a policy of terminating repeat infringers in appropriate circumstances.

All Notifications should include the following:

A.   A physical or electronic signature of a person authorized to act on behalf of the owner of an        exclusive right that is allegedly infringed.

B.   Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted   works at a single online website are covered by a single notification, a representative list of such          works at that website.

C.   Identification of the material that is claimed to be infringing or to be the subject of infringing          activity and that is to be removed or access to which is to be disabled, and information     reasonably sufficient to permit us to locate the material.

D.   Information reasonably sufficient to permit us to contact the complaining party, such as an          address, telephone number, and, if available, an electronic mail address at which the complaining       party may be contacted.

E.   A statement that the complaining party has a good faith belief that use of the material in the         manner complained of is not authorized by the copyright owner, its agent, or the law.

F.   A statement that the information in the notification is accurate, and under penalty of perjury, that  the complaining party is authorized to act on behalf of the owner of an exclusive right that is           allegedly infringed.

Notifications should be sent to our Designated Copyright Agent as follows:

Kailen Krame, President

Mindful Awareness Practices, LLC

700A Lake Street 

Ramsey, NJ 07446 

Email: [email protected]

We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.

Counter Notification:

If you believe your own copyrighted material has been removed from the Website and/or our service as a result of mistake or misidentification, you may submit a written counter notification (“Counter Notification”) to our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

A.   Identification of the material that has been removed or disabled and the location at which the                   material appeared before it was removed or disabled.

B.   A statement that you consent to the jurisdiction of the Federal District Court in which your address           is located, or if your address is outside the United States, for any judicial district in which our      Company is located.

C.   A statement that you will accept service of process from the party that filed the Notification or the party's agent.

D.   Your name, address and telephone number.

E.   A statement under penalty of perjury that you have a good faith belief that the material in            question was removed or disabled as a result of mistake or misidentification of the material to be        removed or disabled.

F.   Your physical or electronic signature.

You may submit your Counter Notification to our Designated Copyright Agent by fax, mail, or email as set forth above.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the date we receive your Counter Notification, unless our Designated Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury. 





TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Website or are otherwise a User or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below. 

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE, PROGRAMS OR COMPANY’S CONTENT TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION. 

In order to protect the integrity of the Website, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.


MODIFICATIONS

To Agreement

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Website after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting. 


To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Programs. 

DISPUTES

Between Users

If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website. 

With Company

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to the Website, Programs and/or Company Content shall be governed and construed by the laws of the State of New Jersey, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Company arising out of or related in any respect to the Website, Programs and/or Company Content shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Bergen County, State of New Jersey; subject, however, to the right of Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website, including your visit to or use of the Programs and/or Company Content be instituted more than one (1) year after the cause of action arose. You will be liable for any attorneys' fees and costs if we have to take any legal action to enforce this Agreement. Further, you waive any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which Company or any related entity is a party. Therefore, you may only bring a claim or action in your individual capacity and not as a plaintiff or class member in any purported class. 


CORRECTIONS

Occasionally there may be information on the Website or Company Content that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. 




DISCLAIMERS

Company cannot control the nature of all of the content available on the Website. By operating the Website, Company does not represent or imply that Company endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Website.

YOU AGREE THAT YOUR USE OF THE WEBSITE, PROGRAMS AND/OR COMPANY CONTENT WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, PROGRAMS AND/OR COMPANY CONTENT AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, PROGRAMS AND/OR COMPANY CONTENT (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. (G) THE WEBSITE AND/OR THE PROGRAMS ARE NOT INTENDED TO TREAT, DIAGNOSE, CURE OR ASSIST WITH ANY MENTAL AND/OR PHYSICAL SYMPTOMS OR CONDITIONS. USER IS ENCOURAGED TO SEEK PROFESSIONAL ASSISTANCE AND /OR GUIDANCE IN THE EVENT USER IS EXPERIENCING ANY MENTAL, PHYSICAL AND/OR EMOTIONAL SYMPTOMS THAT USER FEELS REQUIRE THIRD PARTY INTERVENTION.


LIMITATIONS OF LIABILITY

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE,PROGRAMS AND/OR COMPANY CONTENT EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR USE OF OR SUBSCRIPTION TO THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, PROGRAMS AND/OR COMPANY CONTENT, YOUR ONLY REMEDY IS TO DISCONTINUE USE OF SAME.


CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Website, Programs and/or Company Content or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company 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.

NOTICES

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

USER DATA

Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Programs and other services arising within or related to the Website’s operation. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Website. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.


ELECTRONIC CONTRACTING

Your use of the Website includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.  


ELECTRONIC SIGNATURES

Users are allowed on MindfulAwarenessPractices.com to transmit and receive valid electronic signatures in the United States under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’ signatures and identities are not authenticated on MindfulAwarenessPractices.com.


MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Company regarding the use of the Website, Programs and/or Company Content. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of this Agreement or use of the Website. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.


CONTACT US

In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.


Kailen Krame, President

Mindful Awareness Practices, LLC 

700A Lake Street 

Ramsey, NJ 07446 

Email: [email protected]