Disclaimer

This website is owned by MODESTLY MINDFUL LLC (the “Company”).

 

By viewing this website or viewing or participating in anything made available on or through this website, including but not limited to, programs, products, services, classes, meditations, e-books, videos, webinars, blog posts, e-newsletters, consultations, e-mails, social media and/or other communication (collectively, the “Website”), you are agreeing to accept all parts of this disclaimer (this “Disclaimer”). Thus, if you do not agree to the Disclaimer below or the Website’s Privacy Policy (the terms of which are incorporated herein by reference and which is linked here [insert hyperlink]), STOP now, and do not access or use the Website or related classes and materials. By using this Website, you represent and warrant that you are of legal age and capacity to form a binding contract with the Company. If you do not meet these requirements, you must not access or use the Website.

 

Neither the Company nor any of its employees, agents, members, directors, officers, affiliates or anyone otherwise affiliated with the Company or its business, including consultants and independent contractors (collectively, “Affiliates”) is, nor is the Company or any of its Affiliates holding itself/himself/herself out to be, a practicing doctor/physician, nurse, physician’s assistant, advance practice nurse, psychiatrist, psychologist, therapist, counselor or any other medical professional, or social worker, registered dietitian, licensed nutritionist, or member of the clergy. Neither the Company nor any of its Affiliates is providing health care, medical or nutritional therapy services, or attempting to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. The content and courses offered through the Website are not intended for medical treatment, psychological, or psychiatric therapy. If you have a medical condition or concern, please consult a licensed health care professional. If you are currently experiencing mental health concerns, please seek professional help from a licensed psychologist or mental health professional. If you have a history of mental illness or trauma, please consult with your health care provider before learning meditation and mindfulness. While it may not necessarily be harmful to you, it is better to be safe.

You are permitted to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website for any commercial purposes without the Company’s permission.

Some links within the Website may lead to other external websites, including those operated and maintained by non-affiliated third parties. These links are provided as a convenience to you and neither the Company nor any of its Affiliates has any responsibility for such linked sites, their operators, or their content. Neither the Company nor any of its Affiliates has any control over the nature, content, security and availability of such sites. The inclusion of external links on the Website does not imply a recommendation or endorsement by either the Company or any of its Affiliates of the views expressed on those sites. Conversely, should the Website’s link appear in any other individual’s, business’ or entity’s website, program, product or services, such appearance does not constitute the Company’s or any of its Affiliates’ formal endorsement of them, their business or their website. Neither the Company nor any of its Affiliates is responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties and if you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The testimonials included on the Website are not intended to represent or guarantee that current or future course participants or users of the Website will have a similar experience; rather, these testimonials represent the opinions of third parties for illustrative purposes only.

 

The information contained on the Website is strictly for educational and informational purposes only. Although every effort is made to ensure the accuracy of information shared on or through this Website, the information may inadvertently contain inaccuracies or typographical errors. Neither the Company nor any of its Affiliates warrants the accuracy, completeness, or usefulness of any information provided on or through the Website. Any reliance you place on such information is strictly at your own risk.

 

NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IS MADE BY THE COMPANY OR ANY OF ITS AFFILIATES AS TO THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE. IN ADDITION, NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, FUNCTIONALITY, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Your use of the Website, its content and any services provided through the Website is at your own risk. By accessing the Website, you agree that, to the fullest extent provided by law, neither the Company nor any of its Affiliates is liable for accidents, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue (or aggravation thereof), pain and suffering, emotional distress or any other type of expense, loss or damage (including any direct, indirect, special, incidental, consequential or punitive damages) arising out of or related to your use of this Website including, but not limited to, your use of any materials, content, information or services provided on or through the Website. You further agree to fully and completely hold harmless and indemnify the Company and its Affiliates from and against any claims, liabilities, damages (including any direct, indirect, special, incidental, consequential or punitive damages), judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Disclaimer or your use of the Website, including, but not limited to, your use of any materials, content, information or services provided on or through the Website.

All matters relating to the Website and this Disclaimer, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).

You agree that any claim or dispute arising out of, or related to, this Disclaimer, the Privacy Policy incorporated herein by reference or the Website or your use thereof shall first be referred to mediation. You shall cooperate with the Company in selecting a mediation service and shall cooperate with the mediation service and with the Company in selecting a neutral mediator and in scheduling the mediation proceedings. You agree to participate in the mediation and to use commercially reasonable efforts to settle any such claim or dispute through mediation. The mediation proceedings shall take place in English in the State of Indiana. You further agree that all offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation (a) by yourself or any of your agents, attorneys or experts, (b) by the Company or any of its Affiliates or any of the Company’s or its Affiliates’ agents, experts, or attorneys, or (c) by the mediator and any employees of the mediation service, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any litigation, arbitration or other proceeding involving yourself, the Company or any of its Affiliates, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

If such claim or dispute cannot be resolved by mediation within 75 days from the beginning of the mediation proceedings, such claim or dispute may then be brought exclusively in the federal and state courts located in Allen County, Indiana. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Any failure of the Company to assert a right or provision under this Disclaimer shall not constitute a waiver of such right or provision. If any provision of this Disclaimer is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Disclaimer will continue in full force and effect.

The Company may revise and update this Disclaimer from time to time in its sole discretion. All changes are effective immediately when posted to the Website and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of a revised Disclaimer means that you accept and agree to the changes.