Last Updated: November 14, 2020
- BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.wordpress-761343-2576492.cloudwaysapps.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms & Conditions, as they may be amended by A Mindful Entity LLC, a California limited liability company (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms & Conditions have been changed or otherwise updated. It is your responsibility to review these Terms & Conditions periodically, and if at any time you find these Terms & Conditions unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
When you would like to submit an inquiry with Company through the Site, you must provide certain personal information, such as your name and email address, as well as the reason for your inquiry. You agree to notify Company immediately if any information becomes inaccurate, false, or otherwise incorrect.
- SITE & SERVICES. Through the Site, Company provides lifestyle, wellness, health, and nutrition information and resources (the “Services”). Services or programs may be added or eliminated from time to time, at the Company’s discretion.
- MEDICAL DISCLAIMER. The information provided on the Site is for informational purposes only and is not intended to be and should not be considered medical advice or a medical recommendation. You should consult with your physician regarding medical advice. NEITHER COMPANY, NOR ANY OF COMPANY’S EMPLOYEES, AGENTS, OR REPRESENTATIVES ARE MEDICAL PROFESSIONALS AND DO NOT POSSESS THE EXPERTISE TO DIAGNOSE, TREAT, OR OTHERWISE PREVENT ANY MEDICAL CONDITIONS OR IMPAIRMENTS, WHETHER PHYSICAL, MENTAL, OR OTHERWISE. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL TO DETERMINE IF YOU HAVE A MEDICAL CONDITION, OR THE PROPER TREATMENT FOR A MEDICAL CONDITION.
- COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. Company has adopted a policy that provides for the immediate suspension and/or termination of the Site in the event of the violation any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
A MINDFUL ENTITY LLC
5777 W. CENTURY BLVD. #1110-2027
LOS ANGELES CA 90045
- NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. You have been informed and acknowledge that the Company makes no claims as to whether the information, advice, or resources on the Site may improve your physical or mental well-being, cure any disease or other medical ailment, or otherwise improve your health or lifestyle. COMPANY IS MAKING THE SITE AND SERVICES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE AND SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
- LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES), INCLUDING DEATH OR BODILY HARM TO YOU OR ANY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES, OR ANY OTHER INFORMATION OR RESOURCES PROVIDED TO YOU BY COMPANY ON THE SITE OR OTHERWISE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
- RECOMMENDATIONS/PROMOTIONS. From time to time, we may mention, promote, evaluate, analyze, or otherwise refer to other brands, products, companies, services, information, resources, and otherwise (“Promoted Content”) on the Site, the rights, products, or services of which are not owned by us. In this case, if legally obligation to, we have obtained the permission from the owners of the Promoted Content. We may or may not be paid for publishing the Promoted Conant on the Site. You acknowledge and agree that the Promoted Content is provided for informational purposes only. You should evaluate whether the Promoted Content, and any related products or services, are right for you independently. If you purchase any such Promoted Content, rights, products, or services from these companies, you will enter into an agreement with them regarding your use and purchase, and those terms and conditions shall govern. In accordance with Section 7 and 9 of these Terms & Conditions, we shall not be held liable to you or any third parties for your purchase, use, or otherwise of any such Promoted Content, including, without limitation, any rights, products, or services.
- AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site, including to sites owned by owners of Promoted Content. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. You acknowledge that the listing by Company of these partners and affiliates do not constitute an endorsement of them by Company, and their services or goods are not guaranteed, and there is no partnership or other legal relationship, except that we may receive payment for publishing the links on the Site. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms & Conditions shall govern your use of any and all third party content.
- PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
- INDEMNITY. You agree to indemnify Company for your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms & Conditions, or your infringement, or infringement by any others of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- COPYRIGHT. All contents of Site or Service are: Copyright © 2020, A Mindful Entity LLC. All rights reserved.
- GOVERNING LAW. These Terms & Conditions shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, in all disputes arising out of or related to the use of the Site.
- SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms & Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms & Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
- CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
- MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms & Conditions; (b) modify the Site; and (c) discontinue the Site at any time. Company shall post any revision to these Terms & Conditions to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms & Conditions and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
- ACKNOWLEDGEMENT. BY USING THE SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS & CONDITIONS AND AGREE TO BE BOUND BY THEM.