Terms of Service
Last updated: April 8, 2019
Welcome to the MindFare website, wholly owned and operated by MindFare, Inc. (“MindFare”) and located at mindfare.com (the “Site”) The Site contains information about mindfulness, meditation and other self-improvement events, classes, and guides offered by MindFare and third parties (“Providers”) (collectively referred to herein as the “Services”). These Terms of Service (the “Terms”) govern your use of our Services.
Agreement to Terms
By using our Services, or by engaging Mindfare to become a Provider, you agree to be bound by these Terms. If you don’t want to agree to these Terms do not use the Services or agree to become a Provider.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other forms of communication. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you should stop using the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may use the Services only if you are at least 13 years old and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below) or to become a Provider, you must be 18 years or older and capable of forming a binding contract.
As of the Effective Date, the Site and all associated Services are intended for use only in the United States. By creating an Account (as defined below), or otherwise using the MindFare Services, you represent that you are located in the United States, and to the greatest extent possible under applicable law, agree that you waive all rights allocated to you under any jurisdiction outside of the United States.
If you want to use certain features of the Services or become a Provider you’ll have to register on the Site using information particular to you (“Account”), such as your name and email address, and for Providers, your training and credentials. It’s important that you provide us with accurate, complete and up-to-date information for your Account so that we can adequately provide the Services to you. Inaccurate, incomplete or false information may result in suspension or termination of your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Use of the Services
The Services provide users with a variety of options to create unique mindfulness practices, and other customized wellness activities. You may choose to access Services requiring payment or purchase items that are offered for sale through the Services (the “Products”), as described in further detail under the Section titled “Purchases” below.
You understand and agree that the Services, Products and any other information contained on the Site or provided by Mindfare are not intended or designed to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all of the Services or Products are suitable for every person. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.
MindFare offers certain Services and Products which you can purchase as subscriptions, or for a one-time fee. A description of the purchase options will be available prior to purchase. When you make a purchase on the Site (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that our third party payment processor may charge your account for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your bank or other financial or internet service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on MindFare until accepted and confirmed by MindFare. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
If you have any concerns or objections regarding a Transaction, you agree to contact MindFare first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with MindFare.
MindFare reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances deemed appropriate by MindFare in its sole discretion. MindFare also reserves the right, in its sole discretion, to take steps to verify your identity in connection with a Transaction. You may need to provide additional information to verify your identity before completing your Transaction.
Cancelling Services and Products
You must cancel any subscription before it renews to avoid the billing of the fees for the next subscription period. If you purchase your subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at firstname.lastname@example.org. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current subscription period.
Changes to Price
MindFare reserves the right to change its pricing terms for subscriptions at any time and MindFare will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you.
We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site; and (ii) “User Content” means any Content that users or Providers make available through the Services. Content includes without limitation User Content.
MindFare does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, MindFare and its licensors exclusively own all right, title and interest in and to the Services and Content (that is not strictly User Content), including all associated intellectual property rights. You acknowledge that certain Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
User Content License
By making any User Content available through Services you hereby grant to MindFare a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.
Rights in Content Granted by MindFare
Subject to your compliance with these Terms, MindFare grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Provider Terms and Services
If you engage with a MindFare Provider and such Provider has supplied their own terms pertaining to services offered outside of the Site, then those terms shall govern your engagement with such Provider. To the greatest extent possible under applicable law, MindFare disclaims all responsibility, representations and warranties for our Providers’ services and offerings. In the event of a conflict between a Providers’ terms and these Terms, these Terms shall govern.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Services, or any individual element within the Services, MindFare’s name, any MindFare trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MindFare’s express written consent;
- Access, tamper with, or use non-public areas of the Services, MindFare’s computer systems, or the technical delivery systems of MindFare’s providers;
- Attempt to probe, scan, or test the vulnerability of any MindFare system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MindFare or any of MindFare’s Providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MindFare or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a MindFare trademark, logo URL or product name without MindFare’s express written consent;
- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to enforce these Terms or identify users who have violated applicable law.
Links to Third Party Websites or Resources
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless MindFare and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
Limitation of Liability
Neither MindFare, its Providers, nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not MindFare has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will MindFare’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to MindFare for use of the Services, Products or Content or fifty dollars ($50), if you have not had any payment obligations to MindFare, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between MindFare and you.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between MindFare and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
These Terms constitute the entire and exclusive understanding and agreement between MindFare and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MindFare and you regarding the Services, Products and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without MindFare’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void, and of no effect. MindFare may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by MindFare under these Terms, including those regarding modifications to these Terms, will be given: (i) by MindFare via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
MindFare’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MindFare. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services or Products, please contact MindFare at email@example.com.