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Terms

Author:
By Mindful Mamas

Terms of Use

Last updated February 1, 2020 

Hi Mama! PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you consent to these Terms of Use. If you do not agree to these Terms of Use, please refrain from using the website.

Your access to and use of this website (https://www.mindfulmamasclub.com/) (collectively the “Site”) operated by THE MINDFUL MAMAS CLUB INC. (“MMC”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect. 

Privacy Policy

MMC takes user privacy seriously and we are committed to privacy and security, and to providing the best possible user experience for our users.  We also strive to protect the personal and confidential information of those who use our on-line services and Site. To view our privacy policy please click the link to our privacy policy on our home page.  Our Privacy Policy may be updated by us from time to time, so please check it frequently. 

General Terms of Use

Neither MMC nor its representatives are engaged in rendering legal services or other such advice.  Your use of the Site is subject to the additional disclaimers and notices that may appear throughout the Site.

MMC and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on our Site.  While we strive to keep the information on this Site accurate, complete and up-to-date, MMC and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information or services on the Site. If you are under the age of 13, you may not use the Site.

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by MMC and are the property of MMC and/or its third party providers. You agree that such MMC Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, MMC hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No MMC Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by MMC. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of MMC, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You shall not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of MMC. You may not without MMC’s prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the Site or accessed through the Site.

2. You understand and agree that the Content and any other information you learn from MMC are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care.  Not all activities described on the Content are suitable for everyone. Do not use the Content while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Content and the Site.

3. All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted, licensed by, or used with permission that is granted to MMC.  No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the prior written permission of MMC. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of MMC and/or a supplier to MMC.

4. All trade names, trademarks, and images and biographical information of people used in MMC Content and contained in the Site, including without limitation the name and trademark “THE MINDFUL MAMAS CLUB”, are either the property of, or used with permission by, the MMC. The use of MMC trademarks, tradenames, service marks or logos (each a “Trademark”) by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of MMC and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in these Terms of Use or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of MMC or third party owner. MMC respects the copyright, trademark and all other intellectual property rights of others. MMC has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify MMC at [email protected] Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

5. When you register with MMC and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from MMC. You consent to receive notices electronically by way of transmitting the notice to you by email or other forms of communication as you may agree through the use of the Site.

6. If you send comments or suggestions about the Site to MMC, including, but not limited to, notes, text, drawings, images, videos, audio, music, graphics, designs or computer programs, or works of authorship of any kind (the “User Material”). No User Material shall be subject to any obligation of confidence on the part of MMC. Upon submission or posting, you grant to MMC a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under and to any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the your User Material and MMC shall be entitled to unrestricted use, publication, and dissemination as to all such User Material for any purpose, commercial or otherwise without any acknowledgment or compensation to you. MMC does want its users feedback, comments and suggestions (“Feedback”) an you can submit Feedback by emailing us at [email protected] You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. 

7. This Site may contain hyperlinks to websites operated by parties other than MMC or its affiliates.  Such hyperlinks are provided for your reference only. MMC does not control such websites and is not responsible for their content.  If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators.  Your access to and use of such websites, including information, material, products and services on such website, is solely at your own risk. Furthermore, because the MMC privacy policy is applicable only when you are on the Site, once linked to another website, you should read that site’s privacy policy before disclosing any personal information. 

8.  MMC shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

9. MMC will not intentionally disclose any personally identifying information about you to third parties, except where MMC, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of MMC’s Privacy Policy, which may be updated from time to time, please ensure you agree to the Privacy Policy when proceeding with each use of the Site.  

10. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES OFFERED AT THE SITE IS AT YOUR SOLE RISK.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MMC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MMC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION.  MMC DOES NOT WARRANT THAT USE OF THE SITE OR SERVICES ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. MMC SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, any third party payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

11. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY, ITS REPRESENTATIVES, CONTENT PROVIDERS, ITS WEBSITE DEVELOPER, HOST AND RELATED SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES ON THE SITE; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES OR PRODUCTS AVAILABLE THROUGH OR ON THE SITE.  IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED $50.

12. You agree to indemnify and hold MMC and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of these Terms of Use, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that MMC may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. MMC reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide MMC with such cooperation as reasonably requested by MMC.

13. MMC may terminate your access to and use of the Site and the services available on the Site at its sole discretion at any time and without any notice to you.  You may cancel your account with the Site at any time by sending an email to us at [email protected] If you purchase a subscription for the use of the Site or application with an App Provider, you should also cancel your subscription with the App Provider directly.  Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

The provisions of these Terms of Use are for the benefit of MMC, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.  We may make improvements or changes in the information, services, products, and other materials on this website, or terminate this website at any time. MMC may modify these Terms of Use at any time, and such modifications will be effective immediately upon posting of the modified Terms of Use.  Accordingly, you agree to review Terms of Use periodically, and your continued access or use of this Site will be deemed your acceptance of the modified Terms of Use.

14. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Denver, Colorado. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred

15. These Terms of Use may be revised from time to time by updating this posting. In the event of such revision of Terms, MMC will make it aware to subscribers by posting the modified Terms on the Site or through other communications. You are bound by any such revisions and should therefore review the then current Terms of Use to which you are bound. Failure by MMC to insist upon strict enforcement of any provision of these Terms of Use will not be construed as a waiver of any provision or right. 

16. MMC is a participant in the Amazon Services, LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. MMC may make a small commission if you choose to purchase the item(s) through these link. Not every link is an affiliate link. Additionally, MMC may participates in various other affiliate programs, and may sometimes get a commission through purchases made through our links.