Terms of Use

Terms of Use2018-09-20T12:35:02+00:00

Last Updated: August 16, 2018

Mindworks Inc, a California nonprofit corporation (“Mindworks,” “we,” “us” or “our”), has created the Mindworks website and mobile application 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. These Terms of Use govern the use of the Mindworks website, https://mindworks.org, and mobile application (collectively referred to herein as the “Services”).

These Terms of Use represent a binding contract between you and Mindworks. By creating an account or otherwise accessing the Services, you expressly agree to be bound by them. If you do not agree to be bound by the Terms of Use, you may not use the Services.

Please note the arbitration provision set forth below, which may, except where and to the extent prohibited by law require you to arbitrate any claims you may have against Mindworks on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.

AGE LIMITATION

Children between the ages of 16 and 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 16 are not permitted to use the Services. If you are under the age of 16 please do not attempt to access or use the Services.

ACCOUNT CREATION AND PASSWORDS

To access certain portions of the Services, you must create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provided any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all offered Services.

You are responsible for preserving the confidentiality of your account password and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used.

PRIVACY

Our Privacy Policy, which describes our privacy practices, including what information is collected from you and how that information is used and disclosed, is available here. By using the Sites, you acknowledge you have read and understood our Privacy Policy.

INTELLECTUAL PROPERTY

The Services and their content, features and functionality, including, without limitation, information, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof (collectively, the “Mindworks Content”), are the exclusive property of Mindworks, our licensors or other content suppliers, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent. You may download information from the Services and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information or Mindworks Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Mindworks or any applicable third party suppliers. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

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.

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 these Terms of Use are not enforceable where you are located, you may not use the Services. Mindworks 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, or any part of the Services in any way, or create derivative works thereof;
  • Use the Services 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 Services or Mindworks content in any way, or create derivative works of the Services 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 Services, or content, or circumvent any technology used by Mindworks or its licensors to protect any content accessible through the Services 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.

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 Services, whether provided by Mindworks or by contract from outside providers, is provided simply for your convenience.

Any advice or other materials on the Services 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.

There have been rare reports that people with certain mental health conditions such as anxiety and depression having 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.

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 Services.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, MINDWORKS WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SERVICES, EVEN IF MINDWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

In addition, when using the Services, information will be transmitted over a medium which is beyond the control and jurisdiction of Mindworks, its partners, advertisers, and sponsors or any other third party mentioned on the Services. Accordingly, Mindworks assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH MINDWORKS IS TO DISCONTINUE YOUR USE OF THE SERVICES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE PURCHASE PRICE OR MEMBERSHIP PRICE OF THE APP, OR PAID CONTENT IN QUESTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTE THAT THE LIMITATIONS IN THIS SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS.

PAYMENT

Payment for the Services will be made through Apple App Store or Google Play (the “App Stores”). You hereby authorize us to charge your credit card for such amounts associated with any courses or events you choose to enroll in. You will be charged either monthly or annually for use of the Services and your subscription covers full access to all content on the Mindworks mobile application. Your payment will automatically renew at the end of the subscription period, unless you cancel your subscription at least twenty-four (24) hours prior to the end of the current subscription period. You can cancel your subscription through the App Stores, as outlined below. Amounts paid for the Services, including prepayments, are not refundable.

Through the App Store:

  • Payment will be charged to your iTunes account at confirmation of purchase.
  • Subscription automatically renews unless auto-renew is turned off at least twenty-four (24) hours before the end of the current period.
  • Your account will be charged for renewal within twenty-four (24) hours prior to the end of the current period at the recurring cost you selected when you subscribed whether monthly or annual.
  • Subscriptions may be managed and auto-renewal may be turned off by going to your account settings after purchase.
    • Go to iTunes & App Store.
    • Click on your Apple ID.
    • Click on Subscriptions.

Through Google Play:

  • Payment will be charged to your Google Play account at confirmation of purchase.
  • Subscription automatically renews unless auto-renew is turned off at least twenty-four (24) hours before the end of the current period.
  • Your account will be charged for renewal within twenty-four (24) hours prior to the end of the current period, at the recurring cost you selected when you subscribed whether monthly or annual.
  • You can manage your subscriptions and turn off auto-renewal by going to “My subscriptions” in your account.

If you signed up for a fourteen (14) day free trial, we will remind you about the end of your trial and upcoming charge to your credit card two (2) days prior to the auto-renewal via email. The App Store account that you used to sign up for a free trial will be automatically charged fourteen (14) days from the date you signed up. If you wish to avoid being charged for your free trial, you must cancel the trial twenty-four (24) hours prior to the auto-renewal.

Mindworks may change the price for paid subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing the use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your subscription prior to the price change going into effect.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, THE SERVICES, INCLUDING, WITHOUT LIMITATION, MINDWORKS CONTENT, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. 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 MOBILE APPLICATION; (B) THE MINDWORKS CONTENT; (C) THE WEBSITE; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR VIA THE MOBILE APPLICATION. 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.

WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

FURTHER, MINDWORKS DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SERVICES. UNDER NO CIRCUMSTANCES WILL MINDWORKS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.

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 NOTICE

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.

DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE

Except where and to the extent prohibited by law, by using the Services, you and Mindworks agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services, or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. 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. Notice shall be sent to:

1) Us, at Mindworks, Inc, 2815 Townsgate Road, Suite 133, Westlake Village, CA 91361, or
2) You, at the address we have on file for you.

Both you and Mindworks agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such dispute shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of these Terms of Use is void or voidable.

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.

GOVERNING LAW & VENUE

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.

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.

NO WAIVER

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.

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.

CHANGES TO THESE TERMS OF USE

The Terms of Use may be updated from time to time. If we make material changes, we will provide advance notice to you by email, by posting a notification on Mindworks and by posting an updated Terms of Use on the Services. We will also update the “Last Updated” date above. 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.

CONTACT US

If you have any questions about our Services or these Terms of Use, please contact us at:

Mindworks Inc.
2815 Townsgate Road, Suite 133
Westlake Village, CA 91361
support@mindworks.org

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