Terms and Conditions

Thank you for visiting us at www.mindbodysessions.com (the “Website”). The Website is made available by BodyMind Sessions, LLC (“MBS” or “we” or “us”).

Acceptance of Terms and Conditions

The following terms and conditions (the “Terms of Use”) govern (i) your use of the Website, (ii) any and all applications included on the Website, (iii) any content made available from or through the Website, including any and all subdomains of the Website or applications included on the Website, (iv) the terms of MBS’s privacy policy (the “Privacy Policy”) and (v) any supplemental terms or policies that accompany a specific transaction, feature or application included on the Website. You acknowledge that the Terms of Use are in electronic form and have the same force and effect as an agreement made in writing.

Please read these Terms of Use carefully before using our Website. By using or accessing the Website or when you order any products or services (the Website, its content and the products and services provided by MBS shall collectively be referred to as the “Services”) from the Website, you agree to be bound by these Terms of Use and all applicable laws, rules and regulations. If you do not agree to the terms and conditions contained in these Terms of Use, you may not access or otherwise use the Website or the Services. We may make changes to our Website, to these Terms of Use, to the Privacy Policy or to the policies and conditions that govern the use of our Website at any time. We encourage you to review our Website and these Terms of Use periodically for any updates or changes. Your continued access or use of our Website shall be deemed your notification and acceptance of these changes.

These Terms of Use set forth the agreement between the Website, which is owned, operated and maintained by MBS, a provider of online information, products and services (including audio and video programming) for mind, body, health and wellness, and each user of the Website. Our Website is designed to provide a convenient, private and informative experience for our visitors as well as a place to purchase MBS related or approved Services.

Our Website does not Provide any Advice

Information on the Website, including without limitation, text, copy, audio, video and photographs, is provided for informational purposes only and is not intended as a substitute for the professional medical advice, diagnosis, treatment or recommendations provided by your physician or other healthcare professional. You should not use the information on the Website for diagnosing or treating a health problem or disease.

Information provided on the Website and the use of any Services purchased from our Website by you DOES NOT create a doctor-patient relationship between you and any of the content providers affiliated with our Services.

Reliance on any information appearing on the Website, whether provided by MBS, its content providers, visitors to the Website or others, is solely at your own risk.Do not use the Website or Services while driving or participating in any activity requiring your full attention.

Subscriptions

You may become a subscriber to the Website by going to the relevant section of the Website, submitting your email address to us and creating a username and password to be used with that email address. You are responsible for keeping your account and password confidential.

In the course of your use of Website, you may be asked to provide certain personalized information to us (such information, “User Information”). This User Information may include information from your Facebook, Twitter and other social networking profiles. Our information collection and use policies with respect to the privacy of such User Information are set forth in the Privacy Policy, incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information and you agree to keep it up to date.

By becoming a subscriber to the Website, you represent and warrant that:

You are responsible for maintaining the confidentiality of your account, password and other User Information. You are responsible for updating your User Information.

Children from the ages of 13 through 17 (or the age of maturity in their jurisdiction of residence) (each such individual, a “Minor”) may use the Website and become a subscriber, but use by such Minors shall only be done with the guidance, supervision, and consent of their parents or guardians. We rely on parents and guardians to ensure that any Minor only uses the Website and the Services if such Minor can understand his or her rights and responsibilities as stated in these Terms of Use. If you are a parent or guardian and you allow your Minor to use the Website or the Services, you agree to be bound by these Terms of Use in connection with your Minor’s use of the Website and the Services. Children under the age of 13 are not permitted to use the Website or the Services. If you are under the age of 13, do not attempt to access or use the Website or the Services.

MBS subscribers may access the Services by a subscription fee-based program, which gives access to all content of the Website.

You may discontinue auto-renewals of your subscription Services at any time by logging into your account and updating your account settings to non-renewal or by emailing inquiry@mindbodysessions.com.

You agree to promptly notify MBS of any changes to the payment method that you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

Our obligation to provide the Services only comes into being when we take receipt of your order and we confirm your purchase to you by email. We shall confirm your order and assign you with an email to confirm your access to the subscription purchased. Prices in US Dollars include local taxes. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is be received by us from the payment method that you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Services purchased through MBS for commercial purposes.

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We will notify you by email at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your subscription in your account settings or by emailing inquiry@mindbodysessions.com.

Availability of Services

Although we aim to provide you with the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be error free. If an error occurs in the Services, please report it to us at inquiry@mindbodysessions.com and we will correct the error as soon as commercially possible. If the need arises, we may suspend access to the Services while we address the error. We will not be liable to you if the Services are unavailable for any period of time.

Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can. In the event that the Services are unavailable, our usual order and cancellation deadlines apply. Please notify us of changes to your order with an email to: inquiry@mindbodysessions.com.

Cancellation of Termination of Services

You may cancel your subscription at any time. Cancellation is effective at the end of the applicable monthly or yearly period. Please make any such cancellation through your account settings.

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms of Use. Such termination or suspension may be immediate and without notice. A breach of these Terms of Use includes, without limitation, the unauthorized copying or download of our audio or video content from the Website.

Copyright and Trademarks

“BodyMind Sessions” and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by MBS. All other trademarks, product names, and company names and logos appearing on our Website are the property of their respective owners.

Our Website and e-mail distributions contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. Except as provided in the preceding sentence or as permitted by the fair use privilege under the United States copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content on the Website and/or in our e-mail distributions, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.

Limited License

You may access and view the content on the Website on your computer or other device. Use of the Website and the Services offered on or through the Website are only for your personal, non-commercial use.

Account Password and Security

If you register on the Website, you will be required to choose a password and provide your email address, and you may be asked for additional information regarding your account. You agree not to share, give or sell your password or username to any other person or company or allow any third party to access your account. We will construe excessive viewings or logins by you as fraudulent use of the Services, which will result in the immediate cancellation of your access to the Website. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us (by e-mail to inquiry@mindbodysessions.com) of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to cancel your access to the Website if we believe your username and/or password has been compromised, or is being used fraudulently, at our own discretion.

Third Party Websites

You may be able to link from the Website to third party websites and third party websites may link to the Website (such third party websites, the “Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Websites or the information, content, products, services, advertising, code or other materials presented on or through such Websites. The inclusion of any link to such sites on our Site does not imply MBS’s endorsement, sponsorship, or recommendation of that site. MBS disclaims any liability for links (1) from another website to this Website and (2) to another website from this Website. MBS cannot guarantee the standards of any Website to which links are provided on this Website nor shall MBS be held responsible for the contents of such sites, or any subsequent links. MBS does not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, MBS is not responsible for or any form of transmission received from any linked website. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

Privacy Policy

We respect your privacy and permit you to control certain aspects of the treatment of your personal information as set forth in our “Privacy Policy”.

Disclaimer of Warranties

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MBS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. MBS NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED MBS EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO HEALTH OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, MBS AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH MBS OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY MBS “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND MBS OR ITS LICENSOR OR SUPPLIER.

Limitation of Liability

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MBS, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO MBS FOR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS VIA THE WEBSITE.

Indemnity

You agree to indemnify and hold harmless MBS and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Choice of Law and Forum

This Agreement shall be governed by the laws of the United States and the State of New York, applicable to agreements made and to be performed therein without regard to conflict of laws principles. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NY AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

Digital Millenium Copyright Act Notice

We are committed to complying with copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the U.S. Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent to whom you should address such notice is listed below.] [JM – can this be tweaked?]

Our designated agent for notice of claims of copyright infringement can be reached as follows:

By mail: 16 St. Francis Place, Brooklyn, NY 11216
By e-mail: jeff@mzaklaw.com
Subject line: DMCA

Waiver and Serverability of Terms

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

Statute of Limitations

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 Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Questions

If you have any questions regarding these Terms of Use, please contact us by email at inquiry@mindbodysessions.com.