Terms & Conditions
mindfulivf™ Website Terms and Conditions
Thank you for visiting the website located at www.mindfulivf.app and www.mindfulivf.com (the “Site”). The Site is an Internet property of mindfulivf, LTD. (“mindfulivf™,” “we” or “us”). You agree to the following mindfulivf™ Terms and Conditions (the “Terms and Conditions”), in their entirety, when you: (a) access or use the Site; (b) register as a mindfulivf™ member (“Member”) at the Site or App, which provides you with access to some or all of the mindfulivf’s activities, content, products, services, surveys and tests (collectively, the “mindfulivf™ Services), as well as various interactive features and services (collectively, the “Interactive Services” and together with the mindfulivf™ Services, the “Services”); and/or (c) register for one of our sweepstakes, promotional offers or contests, as offered from time to time (the “Promotions”). IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, OR IF YOU ARE AN EDUCATOR (AS DEFINED BELOW) WHO IS ACTING AS THE AGENT OF A PARENT OR LEGAL GUARDIAN, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.
The Content appearing on the Site is provided for informational purposes only. Much of the Content, as well as the Member Content (as defined below), appearing on the site is provided by mindfulivf and it’s members. mindfulivf™ shall not be responsible or liable for the accuracy, usefulness or availability of any Content, Member Content or other information transmitted or made available by and through the Site and/or Services. mindfulivf™ is not a medical or health services organization provider or forum and we do not engage in patient diagnosis or the practice of medicine. The Content and Member Content presented by and through the Site and/or Services is in no way intended as medical and/or psychiatric advice or therapy, is not provided for the purpose of diagnosing or treating medical and/or psychiatric problems, nor is it a substitute for medical and/or psychiatric treatment and/or therapy. Use of the Site and/or Services does not establish a doctor-patient relationship. All Content and Member Content that is made available by and through the Site and/or Services should be discussed and confirmed with your healthcare provider before adopting any wellness program or other treatment, whether offered on the Site, through the Services or otherwise. Use of the Site, Services, Content and Member Content featured therein, is at your own risk. Information and statements regarding some of the products and/or services featured by and through the Site and/or Services have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease or psychological disorder.
Scope/Modification of Agreement You agree to the terms and conditions outlined in the Agreement with respect to your use of the Services, Content, Site, App, Promotions, Member Content and/or any other analyses, research, opinions, reports and/or other information provided by or through same(collectively, “mindfulivf™ Offerings”). The Agreement constitutes the entire and only agreement between you and mindfulivf™ with respect to your use of the mindfulivf™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the mindfulivf™ Offerings. mindfulivf™ may, without notice, update, revise, or change the Agreement, and the scope and functionality of the mindfulivf™ Offerings, in whole or in part, at any time; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes that arose prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the mindfulivf™ Offerings. By your continued use of the mindfulivf™ Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the Site for any updates and/or changes. You understand and agree that mindfulivf™ is not responsible or liable in any manner whatsoever for your inability to use the mindfulivf™ Offerings.
Requirements The mindfulivf™ Offerings are not available to: (A) any users previously suspended or removed from the Site or Services OR (B) ANY PERSONS UNDER THE AGE OF 13.
Registration/Account/Fees/Billing mindfulivf™ may invite visitors to register on the Site or App to become a mindfulivf subscriber. Visitors may register for membership by and through their Facebook™ account, Twitter™ account or any other means designated by mindfulivf™. mindfulivf™ reserves the right, in its sole discretion, to deny membership, as well as any mindfulivf™ Offering, to anyone, for any reason whatsoever, as permitted by applicable law. The registration data that you must supply on the Site in order to obtain access to the mindfulivf™ Offerings as a Member may include, without limitation, depending on the method used by you to register: full name; e-mail address; date of birth; home address; user name and password; where you register via your Facebook™ account, your: Facebook™ ID; Facebook™ profile name; Facebook™ profile picture; education history (as included in your Facebook™ account); interests (as included in your Facebook™ account); Facebook™ photographs included in your Facebook™ account; and any and all other information made available to mindfulivf™ by and through your Facebook™ account; where you register via your Twitter™ account, your: Twitter™ user ID; Twitter™ profile name; Twitter™ avatar; and any and all other information made available to mindfulivf™ by and through your Twitter™ account; and any and all other information requested on the applicable registration form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. mindfulivf™ will verify and approve all registrants in accordance with its standard verification procedures.
You can access your specific Member account on the Site using your user name and password or logging in via your Facebook™ account and/or Twitter account, as applicable and where authorized by mindfulivf™. You are responsible for maintaining the confidentiality of your Member account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Member account, user name and password.
If you have reason to believe that your Member account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your user name, password, or any credit, debit or charge card number stored) you will notify mindfulivf™ of the problem to avoid possible liability for any unauthorized charges to your account.
To access and use some of our Services you will need to pay the applicable fees described on the Site for such Services, including applicable taxes (the “Subscription Fees”). When you subscribe for such Services, you hereby agree to pay the Subscription Fees, in accordance with billing terms in effect at the time the fee or charge becomes payable, and you agree to abide by the Terms and Conditions like any other user or Member. See the Payment Policy section below.
We reserve the right to change, suspend, or terminate any account, including any feature, content, or service at any time for any reason. We may also place limitations on the use of certain Services, content or features, and/or limit your access to parts of the Site or Services without notice or liability.
mindfulivf™ agrees that it will terminate any paid subscription to Services upon notice from the Member.
A Member’s right to use the Site is subject to any limits established by mindfulivf™ or by the Member’s credit card issuer. If payment cannot be charged to a Member’s credit card or a Member’s charge is returned for any reason, including chargeback, mindfulivf™ reserves the right to either suspend or terminate the Member’s access and account, thereby terminating this Agreement and all obligations of mindfulivf™ hereunder.
mindfulivf™ may reject your application and/or terminate your membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: where mindfulivf™ believes that you are in any way in breach of the Agreement; and where mindfulivf™ believes that you are, at any time, conducting any unauthorized commercial activity by and through the Services.
Payment Policy Access to some sections of the mindfulivf App is free, but we charge for some of our products and services on a subscription fee basis. This Payment Policy applies to users who have purchased a mindfulivf subscription plan to access mindfulivf either online or through a mobile application.
(a) Overview of Subscription Plans and Payments
We offer several types of individual plans and gift plans. The pricing terms applicable to your account may vary depending on promotions, the type of subscription and the term you select at the time of purchase. Most of our subscription plans renew automatically, as described in more detail below. If you have questions regarding your plan after you sign up, please refer to the confirmation email that will be sent to you after your purchase.
If you purchase a monthly plan, you will be charged for the full month’s payment at the beginning of each month; and if you purchase a yearly plan, you will be charged for the entire year at the beginning of the term. We may use a third-party payment processor to facilitate your payments.
Payment processing services for Instructors on mindfulivf are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Instructor on mindfulivf, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of mindfulivf enabling payment processing services through Stripe, you agree to provide mindfulivf accurate and complete information about you and your business, and you authorize mindfulivf to share it and transaction information related to your use of the payment processing services provided by Stripe.
(b) Promotional Offers
(c) Refund Policy
Purchases of subscriptions made through the Apple iTunes Store or our iPhone or iPad applications are final, and are not eligible for a refund. These purchases are subject to Apple’s terms and payment policy, and Apple’s policy may exclude refunds as well.
Purchases of subscriptions made through the Google Play Store or our Android applications are final, and are not eligible for a refund. These purchases are subject to Google Play’s terms and payment policy, and Google Play’s policy may exclude refunds as well.
mindfulivf Workshop are non- refundable.
mindfulivf class enrollments are non-refundable.
(d) Price Increases
Our prices may change in the future. We will notify you at the time of any price change, and provide you an opportunity to change or cancel your subscription before applying those changes to your account or changing your payment details in connection with an automatic renewal.
(e) Payment Information
By providing payment information to us, you represent that the payment information is accurate, current and in your own name or in the name of an individual who has authorized you to use his or her payment information for your subscription purchase.
If you provide someone else’s payment information, you agree that we may make a refund to that person if he or she so requests and if the account is eligible for a refund under our Payment Policy. This may cause interruption to or termination of your mindfulivf Services.
Description of the Content Subject to the terms and conditions of the Agreement, end – users that possess the requisite technology and register as Members shall have the opportunity to view media, text, images, graphics, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations, user interfaces, audio, video, photographs, trademarks, logos, artwork, news articles and other content made available by and through the Site and/or Services (collectively, and together with the Activities, the “Content”). The Content is compiled, distributed and displayed by mindfulivf™, as well as Members, and other third – party content providers (“Third – Party Providers”). mindfulivf™ does not control the Content provided by Members and/or Third – Party Providers that is made available by and through the Services and/or Site. Such Members and/or Third – Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. mindfulivf™ does not represent or warrant that the Content and other information posted by and through the Services and/or Site is accurate, complete, up to date or appropriate. You understand and agree that mindfulivf™ will not be responsible for, and mindfulivf™ undertakes no responsibility to monitor or otherwise police, such Content. You agree that mindfulivf™ shall have no obligation and incur no liability to you in connection with any such Content. You may find certain Content as posted by Members and/or Third – Party Providers to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the mindfulivf™ Offerings.
If you would like to register a complaint, notify mindfulivf™ of a dispute, notify mindfulivf™ of any improper use of your Content or other information or notify mindfulivf™ of inaccurate or misleading Content appearing on the Site or otherwise made available by and through the Services, please feel free to contact us at email@example.com.
Description of the mindfulivf™ Services Subject to the terms and conditions of the Agreement including, without limitation, those contained in Sections 9 and 10 below, Members shall have access to the mindfulivf™ Services. The mindfulivf™ Services include a series of proprietary mindfulivf™ brain training programs designed to empower Members to prepare for a positive birth. Please note, as disclosed in connection with certain “group” Activities, where a Member engages in a group activity, that Member’s participation may be published on the Site, to be viewable by all Members. Members are forbidden from posting website links, buttons, banner ads, co – registration paths, copy or processes for generating actions (“Links”) in any Activity Posts, and/or advertising third party products and/or services within the mindfulivf™ Services. mindfulivf™ reserves the right to prohibit any conduct by Members or remove any Activity Post from the mindfulivf™ Services and/or Site at any time and for any reason, in mindfulivf™’s sole discretion. The reasons for removal may include where mindfulivf™ believes that the Activity Post is unsuitable for the mindfulivf™ Services and/or Site for any reason including, without limitation: (i) that the Activity Post violates Sections 9 and/or 10 below; and/or (ii) where mindfulivf™ believes the Activity Post, or the applicable Member, is otherwise in violation of the Agreement. You understand and agree that mindfulivf™ shall not be liable to you, any end – users or any third party for any claim in connection with your use of, or inability to use, the mindfulivf™ Services.
Description of the Interactive Services Subject to the terms and conditions of the Agreement including, without limitation, those contained in Sections 9 and 10 below, Members shall have access to the Interactive Services. The Interactive Services allow Members to communicate with other Members via comments sections and other interactive areas of the Site, as well as via applications and other features that may be made available by mindfulivf™ on third – party social media venues such as Facebook™ from time to time. In connection with the Interactive Services, each Member shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (“Comments”) posted by and through the Interactive Services. Members are forbidden from posting Links in any Comments, and/or advertising third party products and/or services within the Interactive Services. mindfulivf™ reserves the right to prohibit any conduct by Members or remove any Comments from the Interactive Services and/or Site at any time and for any reason, in mindfulivf™’s sole discretion. The reasons for removal may include where mindfulivf™ believes that the Comments posted by a Member are unsuitable for the Interactive Services and/or Site for any reason including, without limitation: (a) that the Comments violate Sections 9 and/or 10 below; and/or (b) where mindfulivf™ believes the Comments, or the applicable Member, is otherwise in violation of the Agreement. You understand and agree that mindfulivf™ shall not be liable to you, any end – users or any third party for any claim in connection with your use of, or inability to use, the Interactive Services.
Member Interactions/Comments/Activity Posts As part of your use of the Site and Services, you may upload, post, distribute or disseminate, or send to us Member Content, including but not limited to, photographs, images you have taken, captions and comments, which we, at our discretion, may post on the Site. You hereby grant mindfulivf™ an irrevocable, nonexclusive, transferable royalty – free worldwide right (including any moral rights) and license to use the Member Content on the Site and to promote and advertise the Site and Services in any way. In connection with the operation and promotion of the Site and Services, you agree that mindfulivf™ has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Member Content, regardless of the medium, technology, or form in which it is used. For example, mindfulivf™ may use the Member Content to promote the Site and Services as part of a book, screen option, demonstration or brochure.
You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Member Content. You are responsible for your own postings and are responsible for the consequences of your postings.
You are solely responsible for your interactions with other Site – users including, but not limited to, Members and Third – Party Providers. Because we are not involved in Site – user interactions, in the event that you have a dispute with one or more Site – users, Members and/or Third – Party Providers, you hereby release mindfulivf™ including, but not limited to, its officers, directors, members, shareholders, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. mindfulivf™ reserves the right, but has no obligation, to monitor disputes between you and other Site – users, Members and/or Third – Party Providers. The Services contain Comments and Activity Posts (collectively, “Member Content”) that is provided directly by Members. Those Members are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Member Content.
mindfulivf™ does not represent or warrant that the Member Content posted by and through the Services and/or Site is accurate, complete or appropriate. You may find certain Member Content to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Services and/or Site. You understand and agree that mindfulivf™ shall not be liable to you, any end – users or any third party for any claim in connection with any Member Content.
mindfulivf™ does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works or materials.
Requirements As a Member, you are granted a non – exclusive, non – transferable, revocable and limited license to access and use the mindfulivf™ Offerings and certain third – party Member Content in accordance with the Agreement. mindfulivf™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by mindfulivf™, you may only use the mindfulivf™ Offerings and third – party Member Content for your own personal use. No part of the mindfulivf™ Offerings or third – party Member Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile , disassemble, reverse engineer or transfer the mindfulivf™ Offerings, third – party Member Content and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the mindfulivf™ Offerings and/or third – party Member Content. You may not use the mindfulivf™ Offerings and/or third – party Member Content in conjunction with any other third – party content. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Content or other information from the Site. You may not exploit any aspect of the mindfulivf™ Offerings and/or third – party Member Content for any commercial purposes not expressly permitted by mindfulivf™. You further agree to indemnify and hold harmless mindfulivf™ for your failure to comply with this Section 11. mindfulivf™ reserves any rights not explicitly granted in the Agreement.
YOU AGREE THAT mindfulivf™, IN ITS SOLE DISCRETION, MAY TERMINATE YOUR USE OF THE SITE AND mindfulivf™ OFFERINGS, AND REMOVE AND DISCARD ANY CONTENT WITHIN THE SITE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR LACK OF USE OR IF mindfulivf™ BELIEVES THAT YOU HAVE VIOLATED OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THE TERMS AND CONDITIONS. mindfulivf™ MAY ALSO IN ITS SOLE DISCRETION AND AT ANY TIME DISCONTINUE PROVIDING THE SITE AND mindfulivf™ OFFERINGS OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. YOU AGREE THAT ANY TERMINATION OF YOUR ACCESS TO THE SITE AND mindfulivf™ OFFERINGS UNDER ANY PROVISION OF THESE TERMS AND CONDITIONS MAY BE EFFECTED WITHOUT PRIOR NOTICE , AND ACKNOWLEDGE AND AGREE THAT mindfulivf™ MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR MEMBER CONTENT AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES, THE SITE OR mindfulivf™ OFFERINGS. FURTHER, YOU AGREE THAT mindfulivf™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD – PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE mindfulivf™ OFFERINGS. THE TERMS AND CONDITIONS WILL CONTINUE TO APPLY TO YOUR PAST USE OF THE SITE AND mindfulivf™ OFFERINGS. TERMINATION OF YOUR ACCESS TO AND USE OF THE SITE AND mindfulivf™ OFFERINGS SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR ACCRUING PRIOR TO SUCH TERMINATION OR LIMIT ANY LIABILITY THAT YOU OTHERWISE MAY HAVE TO mindfulivf™.
Proprietary Rights All third – party Member Content and other material posted or made available by and through the mindfulivf™ Offerings including, but not limited to, the design, selection, arrangement and coordination of such mindfulivf™ Offerings, is owned by, or licensed to, mindfulivf™ and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the mindfulivf™ Offerings and/or third – party Member Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without mindfulivf™’s prior express written consent. Except as expressly provided in the Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity, service marks or trademarks with respect to any of the mindfulivf™ Offerings, third – party Member Content or any document, software, services or other materials viewed at or through same. The posting of information or material by and through the mindfulivf™ Offerings by mindfulivf™, any Member or any Third – Party Provider does not constitute a waiver of any right in or to such information and materials. mindfulivf™ reserves all rights not expressly granted in the Agreement. The “mindfulivf™” name and logo are trademarks of mindfulivf™. All custom graphics, icons and service names are trademarks and/or copyrights of mindfulivf™. All other trademarks are the property of their respective owners. The use of any mindfulivf™ trademarks, service marks, copyrights, patents, trade secrets, domain names, and/or other proprietary rights without mindfulivf™’s express written consent is strictly prohibited.
Bypassing or Disabling any Portion of the mindfulivf™ Offerings or Software You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the mindfulivf™ Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on the mindfulivf™ Offerings infrastructure. If you bypass or disable any portion of the mindfulivf™ Offerings or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other mindfulivf™ systems, you are in violation of the Agreement and mindfulivf™ may suspend or terminate your use of the mindfulivf™ Offerings without notice. Termination of your access to the mindfulivf™ Offerings will not excuse you from any criminal or other civil liability that may result from your actions.
Indemnification You agree to indemnify and hold mindfulivf™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co – branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third – party due to or arising out of: (a) your use of any of the mindfulivf™ Offerings; (b) your breach of the Agreement; (c) your violation of any rights of another individual and/or entity; (d) any dispute between you and any Member, Third – Party Provider or other third – party; (e) your Member Content; and (f) any dispute between you and Facebook™ and/or Twitter™. The provisions of this Section 14 are for the benefit of mindfulivf™, its parents, subsidiaries and/or affiliates, an d each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Disclaimer of Warranties THE mindfulivf™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER mindfulivf™ PRODUCTS AND/OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, ARE DISCLAIMED TO TH E FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON – INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, mindfulivf™ MAKES NO WARRANTY THAT THE mindfulivf™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER mindfulivf™ PRODUCTS AND/OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR – FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE PROGRAMS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HAPPINESS, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE mindfulivf™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER mindfulivf™ PRODUCTS AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. mindfulivf™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM mindfulivf™, ANY MEMBERS, THIRD – PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE mindfulivf™ OFFERINGS AND/OR MEMBER CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT mindfulivf™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD – PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF mindfulivf™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE mindfulivf™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER mindfulivf™ PRODUCTS AND/OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND /OR ANY OTHER mindfulivf™ PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE mindfulivf™ OFFERINGS AND/OR MEMBER CONTENT; (C) THE FAILURE TO REALIZE ANY SPECIFIC HAPPINESS, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; AND (D) ANY OTHER MATTER RELATING TO THE mindfulivf™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER mindfulivf™ PRODUCTS AND/OR SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE mindfulivf™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF mindfulivf™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE mindfulivf™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER mindfulivf™ PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR mindfulivf™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND mindfulivf™. ACCESS TO THE mindfulivf™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER mindfulivf™ PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS mindfulivf™’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Third-Party Websites The mindfulivf™ Offerings contain links to other websites on the Internet that are owned and operated by third parties, including Third – Party Providers. In some instances, these websites may be co – branded and the third parties are entitled to use mindfulivf™’s name and logo on their third – party websites. mindfulivf™ does not control the information, products or services available on these third – party websites. The inclusion of co – branding and/or links does not imply endorsement by mindfulivf™ of the applicable website or any association with the website’s operators. Because mindfulivf™ has no control over such websites and resources, you agree that mindfulivf™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers, Third – Party Providers featured on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable Third – Party Provider, advertiser or other third – party, as applicable. You further agree that mindfulivf™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
Contact Us To contact us directly with any questions or comments that you may have, send an email to firstname.lastname@example.org. We endeavor to listen to or read, as applicable, every message sent in and to reply promptly to each one. The information that is provided by you is used to respond directly to your questions or comments. If you have any questions about the Agreement, the mindfulivf™ Offerings or the practices of mindfulivf™, please feel free to contact us at email@example.com.