Terms of Use

Terms of Use 2017-05-18T15:29:14+00:00

Thank you for using Mindworks. These Terms of Use govern the use of Mindworks’ website (the “Website”) at mindworks.org and our Mindworks application on mobile devices (the “App”) (the Website and its content, products, services, and the App are collectively referred to herein as the “Services”).

Mindworks Inc, a California nonprofit corporation (“Mindworks”), has created the Mindworks application and Website to further its mission to foster greater happiness and well-being by making meditation relevant for today’s challenges and accessible to anyone, anytime, anywhere. All activities of Mindworks further the organization’s charitable, tax-exempt purpose.

These Terms of Use represent a binding contract between you and Mindworks Inc. By creating an account or otherwise accessing Mindworks, you expressly agree to be bound by them. The Terms of Use incorporate the provisions of the Privacy Policy, so please review those provisions carefully for information on how we collect and disclose information from our users. If you do not agree to be bound by the Terms of Use, you may not use or purchase Mindworks.

Do not use the Services while driving or performing other tasks that require attention and concentration. You understand that you are solely responsible for your use of the Services. We assume no responsibility for injuries suffered while practicing the techniques presented in the App..

Children between the ages of 13 and 18, or the age of majority in their jurisdiction of residence (“Minors”), may use the Services. Mindworks recommends, but does not require, that use by such Minors be done with the guidance and support of their parents, guardians, authorized school officials, or other qualified adults. If you are a parent or guardian and you allow your Minor to use the Services, you agree to be bound by these conditions and by these Terms of Use. Children under the age of 13 are not permitted to use the Services. If you are under the age of 13, please do not attempt to access or use the Services.

Although it is Mindworks’ intention for the App to be available as much as possible, there will be occasions when the App may be interrupted, including without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You also acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.

INTELLECTUAL PROPERTY
Mindworks is protected by U.S. and international intellectual property laws, and you agree to abide by them. Unless otherwise indicated on our App or Website, and without our prior written consent, you may not download, copy or store Mindworks content in any form outside of Mindworks and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Mindworks content. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights in Mindworks. All intellectual property rights in Mindworks are, as between you and Mindworks Inc, the sole and exclusive property of Mindworks Inc.

Some Mindworks features either now or in the future may allow you to post or submit content and materials for publication on Mindworks (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Mindworks or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.

We appreciate the feedback you provide us through customer service or by email or social features. Please be informed we may use any of your feedback, comments, or suggestions without any obligation to you.

The App name and logo are trademarks of Mindworks Inc, and may not be copied, imitated or used, in whole or in part, without prior written permission of Mindworks Inc. In addition, all page headers custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Mindworks, and may not be copied, imitated or used, in whole or in part, without prior written permission from Mindworks Inc.

YOUR LICENSE TO USE THE SERVICES
We are providing you with access to the Services pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use the Services for personal, non-commercial use, and subject to the Terms of Use. This license is available to you as long as you are not barred from the Services by applicable law and your account is not terminated by us or by you. If the Terms of Use are not enforceable where you are located, you may not use the Services. Mindworks Inc reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

RESTRICTIONS AND PROHIBITED USES
Mindworks is proud of the trust our users place in us. We expect, in turn, that our users will not misuse our products and services.

Except with our written permission, you shall not:

  • Copy, store, redistribute, decompile, reverse-engineer, reproduce, transmit, modify, alter, emulate or disassemble, Mindworks, the App, or Website in any way, or create derivative works thereof;
  • Use the App or Website or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
  • Use Mindworks for the purpose of creating a product with a substantially similar look, feel or design;
  • Rent, lease, loan, make available to the public, sell or distribute the App or Mindworks content in any way, or create derivative works of the App or Mindworks content.
  • Violate or attempt to violate Mindworks’ security features, including logging into a server that you are not authorized to access, or probing the vulnerability of Mindworks systems and networks;
  • Tamper with Mindworks, the App, Website or content, or circumvent any technology used by Mindworks or its licensors to protect any content accessible through the App, Website, or other third-party applications used by Mindworks;
  • Access or search Mindworks by any means other than our publicly supported interfaces (for example, “scraping”);
  • Interfere with others’ use and enjoyment of Mindworks;

Engaging in prohibited uses is grounds for immediate termination of your Mindworks account, and may also subject you to civil or criminal penalties.

PRODUCT DISCLAIMER
The information contained in Mindworks and the App is for general information purposes only. While we endeavor to keep the information accurate, up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the App, Website or the information contained on the App or Website for any purpose. Use of the App and Website is voluntary. Any reliance you place on such information is therefore strictly at your own risk. No reference to any commercial product, process or service implies or constitutes endorsement, recommendation or preference by Mindworks.

MEDICAL DISCLAIMER
Mindworks is a provider of online and mobile meditation content in the health and wellness space. We are not a health care or medical device provider, nor should our Services be considered medical advice. Only your physician or other health care provider can provide that.

Any health information and links on the Website or App, whether provided by Mindworks or by contract from outside providers, is provided simply for your convenience.

Any advice or other materials in the Website or App are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstance. The advice and other materials provided by Mindworks are intended to support the relationship between you and your health care providers and not replace it. We are not liable or responsible for any consequence of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, as noted above, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the App or Website.

There have been rare reports that people with certain mental health conditions such as anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice. People with existing mental health conditions should speak with their healthcare providers before starting a meditation practice.

OUR LIABILITY
Mindworks will use reasonable effort to remedy faults in the App and Website. If we fail to comply with the Terms of Use, we will be liable to you only for the purchase price or membership price of the App, or paid content in question. In addition, we will not be liable for:

  • Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).
  • Any loss or damage caused by viruses or other malicious software that may infect your Device, computer equipment, software, data or other property resulting from your accessing, using or downloading from the App, Website or third-party application, or from transmissions via emails or attachments received from us.
  • Any use of websites linked to the App or Website but operated by third parties.

To the extent permitted by law, Mindworks and its affiliates, suppliers, clients, or licensors (collectively, the “Protected Entities”) shall not be liable for any consequential, exemplary or punitive damages arising from, or directly related to, the use of, or the inability to use the App, Website or the content, materials and functions related thereto, your provision of information via the App or Website, or lost business or lost sales, or any errors, viruses or bugs contained in the App or Website, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the App or Website. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms of Use or your use of the App or Website exceed, in the aggregate, the amount, if any, paid by you to Mindworks for your use of the App, Website or other content sold connected therewith.

LIMITATION OF LIABILITY
Mindworks assumes no responsibility for consequences resulting from use of information contained on the App or Website, or in any respect for the content of such information. Mindworks is not responsible for, and expressly disclaims all liability for, damages of any kind (including, but not limited to any direct, indirect, consequential, exemplary, special, punitive or incidental losses or damages) arising out of use, reference to, reliance on or performance of such information.

PAYMENT
Payment for the upgraded App Subscription or individual Service will be made by a valid credit card accepted by us or through the App Store. You hereby authorize us to charge your credit card for such amounts associated with any courses or events you choose to enroll in. Amounts paid for the Mindworks Services, including prepayments, are not refundable.

The App Store:

  • Payment will be charged to iTunes Account at confirmation of purchase.
  • Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
  • Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
  • Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase.

DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING, WITHOUT LIMITATION, MINDWORKS CONTENT, IS PROVIDED ON AN “AS IS,” AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MINDWORKS NOR ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “MINDWORKS PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER,EXPRESS OR IMPLIED, AS TO: (A) THE APP; (B) THE MINDWORKS CONTENT; (C) THE WEBSITE; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR VIA THE APP. IN ADDITION, THE MINDWORKS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

DMCA CONTACT
We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on Mindworks you may contact our designated agent by email to support@mindworks.org or at the following address:

Mindworks Inc
ATTN: DMCA Complaint
2815 Townsgate Road, Suite 133
Westlake Village, CA 91361

You must include the following information in your complaint:

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of the material that you claim is infringing and where it is located on Mindworks;
  • your mailing address, telephone number, and if available, email address;
  • a statement by you that you have a good faith belief that the use of the material on Mindworks is not authorized by the copyright owner, its agent, or the law;
  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

GOVERNING LAW & VENUE AND NO WAIVER PROVISIONS
These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

Mindworks’ failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. Mindworks reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Mindworks.

APPLICABILITY OF ARBITRATION AGREEMENT
All disputes arising out of, relating to, or in connection with these Terms of Use or your use of the Services that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and Mindworks are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

For any action at law or in equity relating to the arbitration of these Terms of Use, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Mindworks exclusively in a state or federal court located in Los Angeles County for the purpose of litigating all such disputes.

CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND MINDWORKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION.

SEVERABILITY
If any provision of these Terms of Use is held to be unlawful, void or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

CHANGE POLICY
The Terms of Use may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on Mindworks or by posting an updated Terms of Use on Mindworks Website or the App. Please note that unless otherwise provided by applicable law, your continued use of Mindworks following the effective date means that you agree with, and consent to be bound by, the updated Terms of Use.