Terms and Conditions

BY VISITING WWW.MINDFULHEALTHYLIFE.COM, YOU CONSENT TO OUR TERMS AND CONDITIONS.

The terms “we”, “us”, and “our” refer to Mindful Healthy Life, LLC. The terms “user,” “you” and “your” refer to visitors, customers, and any other users of the Site.

On www.mindfulhealthylife.com (“Site”), we provide a family health and wellness blog, calendar of events, and resource directory (collectively, “Service”).

Use of the Site or Service is subject to these Terms and Conditions.  These Terms and Conditions apply to all visitors, customers, and all other users of the Site or Service.  By using the Site or Service, you agree to and acknowledge these Terms and Conditions.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.  Children under the age of 18 are prohibited from using the Site.

Mindful Healthy Life, LLC makes no representation or warranty that the information provided on the Site (“Content”), regardless of its source, is accurate, complete, reliable, current, or error-free. Mindful Healthy Life, LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION

To use the Service, you may be required to provide information about yourself including your name, email address, username, and password and other personal information. You agree that any registration information you give to Mindful Healthy Life, LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site.  You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post, transmit, or submit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Service is offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.  If we choose to refuse your order after payment has been processed, we will refund your money.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning its execution. In the event that there is an error in the email confirmation, it is your responsibility to inform us as soon as possible.

CANCELLATIONS, REFUNDS & RETURNS

We do not offer refunds or returns.  However, your satisfaction is our priority. Email us at Jessica@mindfulhealthylife.com to let us know why you are unsatisfied and we will try our best to meet your needs.

PRODUCT DESCRIPTION

We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions.  We reserve the right to refuse or cancel any order with an incorrect price listing or description.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post, or otherwise make available on the Site any artwork, photos or other materials (collectively, “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to Mindful Healthy Life, LLC. You retain copyright and any other rights you may rightfully hold in any content, which you submit through the Site or Service.  Content you submit to Mindful Healthy Life, LLC remains yours to the extent that you have any legal claims to it. You agree to hold Mindful Healthy Life, LLC harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.  By posting material on the Site, submitting content, or sending us testimonials and other positive feedback to the jessica@mindfulhealthylife.com email address or any other @mindfulhealthylife.com email address, you grant us a world wide, nonexclusive license to use the material for promotional, business development, and marketing purposes.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Mindful Healthy Life, LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as our company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content, or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

MINDFUL HEALTHY LIFE is a federally registered trademark owned by Mindful Healthy Life, LLC.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, MINDFUL HEALTHY LIFE, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF SMALL BUSINESS BODYGUARD, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT WILL MINDFUL HEALTHY LIFE, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM MINDFUL HEALTHY LIFE, AND IF NO PURCHASE HAS BEEN MADE BY YOU, MINDFUL HEALTHY LIFE< LLC’s CUMULATIVE LIABILITY TO YOU WILL NOT EXCEED $100.

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Mindful Healthy Life, LLC.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You agree to indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees,  arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You will not settle any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Mindful Healthy Life, LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Mindful Healthy Life, LLC will be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Mindful Healthy Life, LLC.

NOTICES

All notices, requests, demands, and other communications under these Terms and Conditions must be in writing and properly addressed to Mindful Healthy Life, LLC
at jessica@mindfulhealthylife.com.

GOVERNING LAW; VENUE; MEDIATION

These Terms and Conditions will be construed in accordance with, and governed by, the laws of the Commonwealth of Virginia as applied to contracts that are executed and performed entirely in the Commonwealth of Virginia.  The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement will be Arlington County. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by mediation.  The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties will be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the terms, provisions, covenants, or conditions will remain in full force and effect and will in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

Questions about these Terms and Conditions?

Email us at jessica@mindfulhealthylife.com

Updated: May 5, 2016

 

See also these site policy pages:

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Copyright © 2015 Mindful Healthy Life. Created by MtoM Consulting.

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