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This Mindfuli Account Terms of Use (“Agreement”) is a binding agreement between you (“End User” or “you”) and Altignis Health LLC dba Mindfuli, (“Company,” “we,” or “us,” or “Mindfuli”). This Agreement governs your use of Mindfuli on any its platforms, softwares, accounts, or applications (collectively, “Mindfuli,” or “Mindfuli Services,” or “Mindfuli Platforms,” or “Platforms”, or “Products”), (including all related documentation, the “Platforms”). The Application is licensed, not sold, to you.
ACCEPTANCE OF THE TERMS OF USE
These terms of use are entered into by and between You and Altignis Health LLC dba Mindfuli, (“Company,” “we,” or “us,” or “Mindfuli”), hereinafter referred to as “Mindfuli.” The following End User Agreement, together with any documents they expressly incorporate by reference including, but not limited to, the Mindfuli Website Terms and Conditions, Privacy Policy, Indemnification and Waiver of Liability, Financial Agreements and Posted Rates, and Consent for Teleservices [INSERT LINKS TO ALL] (collectively, “Mindfuli Terms of Use” or “Terms & Conditions”), govern your access to and use of all Mindfuli Products requiring an active Account.
BY CLICKING THE BUTTON DESIGNATED “I ACCEPT,”, AND/OR REGISTERING FOR, PAYING FOR, AND USING ANY MINDFULI PRODUCTS, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND ALL OTHER COMPONENTS OF THE TERMS & CONDITIONS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEIR TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER FOR OR UTILIZE THE MINDFULI PRODUCTS.
1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
(a) utilize the Mindfuli Products and Softwares for your personal, non-commercial use on an electronic device owned or otherwise controlled by you (“Electronic Device“) strictly in accordance with the Application’s documentation.; and/or
(b) access, stream, download, and use on such Electronic Device the Content and Services (as defined in 5) made available in or otherwise accessible through the Products and Softwares, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in 5.
2. License Restrictions. You shall not:
(a) copy the Products and/or Softwares, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Products and/or Softwares;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Products and/or Softwares or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Products and/or Softwares, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Products and/or Softwares, or any features or functionality of the Products and/or Softwares, to any third party for any reason, including by making the Products and/or Softwares available on a network where it is capable of being accessed by more than one device at any time; or
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Products and/or Softwares.
3. Intellectual Property Rights. The Products and/or Softwares and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, code, data, interface, technology and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Products and/or Softwares 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 our Products and/or Softwares, except as follows:
(a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(c) You may print or download one copy of a reasonable number of pages of the Products and/or Softwares for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
(d) If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
(e) If we provide social media features with certain content, you may take such actions as are enabled by such features.
(f) You must not:
(g) If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Products and/or Softwares in breach of the Terms of Use, your right to use the Products and/or Softwares will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Products and/or Softwaresor any content on the Products and/or Softwares is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Products and/or Softwares not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
4. Reservation of Rights. You acknowledge and agree that the Products and Softwares are provided under license, and not sold, to you. You do not acquire any ownership interest in the Products and Softwares under this Agreement, or any other rights thereto other than to use the Products and Softwares in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and product providers reserve and shall retain its entire right, title, and interest in and to the Products and Softwares, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
5. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Products and Softwares, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Electronic Device(s) and about your use of the Products and Softwares. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Products and Softwares or certain of their features or functionality, and the Products and Softwares may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with these Products and Softwares is subject to our Privacy Policy [INSERT AS LINK TO MOBILE APP PRIVACY POLICY]. By downloading, installing, using, and providing information to or through these Products and Softwares, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
6. Content and Services. The Products and Softwares may provide you with access to Company’s website located at https://www.mindfuli.com/ (the “Website“) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Products and Softwares may be hosted on the Website (collectively, “Content and Services“). Your access to and use of such Content and Services are governed by Website’s Terms of Use and Privacy Policy located at [TERMS OF USE LINK] and [PRIVACY POLICY LINK], which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Product and Software features and functionality. All Terms of Use required for use of the Website are applicable to use of the other Mindfuli Products and Softwares. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
7. Geographic Restrictions. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
8. Updates. Company may from time to time in its sole discretion develop and provide Product and Software updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Electronic Device settings, when your Electronic Device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Product and Softwares, or portions thereof, may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Products and Softwares and be subject to all terms and conditions of this Agreement as well as those of the collective Mindfuli Terms of Use.
9. Third-Party Materials. The Products and Softwares may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
10. Term and Termination.
(a) The term of Agreement commences when you register and pay for a Mindfuli Products and/or Software and will continue in effect until terminated by you or Company as set forth in this 9.
(b) You may terminate this Agreement by canceling your subscription for any Mindfuli Products and/or Softwares and removing all copies thereof from your Electronic Device(s).
(c) Company may terminate this Agreement at any time without notice if it ceases to support the Product and/or Softwares, which Company may do in its sole. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(e) Termination will not limit any of Company’s rights or remedies at law or in equity.
11. Cancellation.
(a) With at least a 24 hour notice, counseling sessions can be canceled or rescheduled without penalty. Note that you will get an automated reminder 48 hours before and again 24 hours before, so you should have plenty of time to reschedule, if needed.
(b) We understand that your life can be busy and complicated. If you miss a scheduled session or have to cancel within less than 24 hours prior to your scheduled session, we will allow a one-time rescheduling opportunity with no questions asked.
(c) Any additional canceled, rescheduled, or missed sessions that were not done so with a 24 hour notice are considered lost time and cannot be made up.
12. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PRODUCTS AND/OR SERVICES OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCTS AND SERVICES.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
14. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Products and/or Softwares or your breach of this Agreement, including but not limited to the content you submit or make available through these Products and/or Softwares.
15. Export Regulation. The Products and Services may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Products and/or Services to, or make the Products and/or Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Prodcuts and/or Services available outside the US.
16. US Government Rights. The Products and Services are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Products and Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
17. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect[; provided, however, that if any fundamental term or provision of this Agreement, is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
18. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Products and Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in Orange County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
19. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
20. Entire Agreement. This Agreement, Terms of Use and our Privacy Policy constitute the entire agreement between you and Company with respect to the Products and Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Products and Services.
21. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
ACKNOWLEDGEMENT
By registering and paying for a Mindfuli product or service, by downloading, installing, or otherwise accessing or using the service, and clicking “I ACCEPT,” the User agrees that he/she/they have read and understood, and, as a condition to his/her/their use of the service, he/she/they agree to be bound by the Mindfuli Account End User License Agreement, Mindfuli Privacy Policy, and Mindfuli Terms of Use (collectively, “Terms”).
By registering and paying for a Mindfuli product or service, by downloading, installing, or otherwise accessing or using the service, and clicking “I ACCEPT,” the User agrees that he/she/they are above the age of 18.
Note that if you are not eligible, which includes all individuals under 18 years of age, or do not agree to the Terms, then you do not have permission to utilize this Website or any corresponding services provided by Mindfuli.
By registering and paying for a Mindfuli product or service, by downloading, installing, or otherwise accessing or using the service, and clicking “I ACCEPT,” the User is accepting this agreement and all other components of the Terms & Conditions and Agree and that he/she/they are legally bound by their terms.
Note that if you do not agree to these terms, you should not register for or utilize the Mindfuli products and/or softwares.
If the User does not agree with any of the components set forth within the Mindfuli Terms, the User acknowledges he/she/they will not register for or utilize any Mindfuli products or services. Should the User’s status of his/her/their agreement with the Mindfuli Terms change at any point, he/she/they will cease use of said products and softwares and terminate any active accounts which he/she/they holds.
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