Terms and Conditions of Use for Mindfulrelation.com
These Terms and conditions of Use (“Terms”) set forth the terms and conditions that apply to your access and use of all mindfulrelation.com products and services (together, the “Services”), and that are made available through our websites including but not limited to https://www.mindfulrelation.com. In the Terms, “mindfulrelation.com” or “the company” or “we” or “us” or “our” means mindfulrelation.com and its affiliates and subsidiaries (and their predecessors in interest, successors and assigns), and “you” refers to the individual using the Services and, if such individual is using the Services on behalf of an entity or organization, then such entity or organization (and each of your successors and assigns). The Services are intended for U.S. residents only.
By using or accessing the Services you agree to the Terms, as updated from time to time.
These terms are important and should be read carefully before using the services. They contain a mandatory arbitration provision and a class action waiver that govern any disputes that may arise between you and us. If you do not agree with the terms, including the mandatory arbitration provision or class action waiver, DONOT use the services.
Information provided on https://mindfulrelation.com does not offer (explicitly or implicitly), in any way, shape or form, a clinical advice and should not be taken as a substitute to clinical treatment/advice from a licensed couple counselor or a psychiatrist. The use or reliance of any information contained on this site is solely at your own risk.
All information on this site is provided in good faith. We make no representation or warranty of any kind, express or implied, regarding reliability, availability, adequacy, validity, accuracy, or completeness of any information on this site.
Under no circumstances we shall have any liability to you or your family/friends/others for any loss or damage of any kind incurred as a result of the use of the site or reliance on any information provided on this site.
The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages.
To use the Services, you must (1) be at least eighteen (18) years of age; (2) agree with our terms and conditions (3) have not previously been suspended or removed from the Services, and (4) use the Services in compliance with any and all applicable laws and regulations.
- A) You also agree not to impersonate anyone, use false information, misrepresent any affiliation with anyone else, or otherwise conceal your identity from mindfulrelation.com for any purpose.
Specific Requirements for Certain Services. Your use of the Services constitutes your acknowledgment and acceptance of the following specific requirements and terms of use for mindfulrelation.com Services.
You agree that any and all suggestion, advice, content, or material on mindfulrelation.com is provided for educational, entertainment, or informational purposes only, and does not constitute any formal or informal family planning, clinical, medical, legal, financial, or other advice. Also,
mindfulrelation.com does not guarantee the quality, accuracy, or integrity of the opinions and advice posted by independent users not affiliated with mindfulrelation.com. Your use of any user content provided by independent users is at your own risk.
Mindfulrelation.com may at our sole discretion (but are not required to), monitor comments and other contributions by independent users and reserves the right to correct, delete, or edit any content for any reason.
You hereby grant to mindfulrelation.com a perpetual, irrevocable, royalty-free, non-exclusive right and license to use, transmit, display, reproduce, modify, translate, perform and distribute any information, content, or material that you submit or post on our website in any medium. You waive all rights that you may have in such content, material, or information that you share on our website. We strongly advise against sharing sensitive information for yourself or others.
Third-Party Services.
Some of the Services involve advice from third parties and third-party content. You agree that any such advice and content is provided for educational, entertainment, or informational purposes only, and does not constitute any formal or informal family planning, clinical, medical, legal, financial, or other advice from mindfulrelation.com. You also agree that mindfulrelation.com is not liable for any advice provided by third parties advertised on our website and we are not liable and/or responsible for any decisions or actions you take or authorize other third parties to take on your behalf based on information or advice you receive on mindfulrelation.com.
Mindfulrelation.com has no control and makes no representations as to the use or disclosure of information that you provide to third parties. You agree and acknowledge that these third-party services are NOT under our control, and that we are not liable and/or responsible for any information that you provide to the third-party.
Mindfulrelation.com does not endorse third-party websites and services. The Services may contain links to such websites and services solely for the convenience of our users, but we do not control or endorse them. You acknowledge that we have not reviewed the content, services, advertising, products, or other materials that appear on such third-party websites or services, and we are not responsible for their accuracy, completeness, legality, or appropriateness. You further agree and understand that you take full responsibility for the use of such third-party websites or services, and we shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party websites or services.
The following are the prohibited conduct that you are not allowed to engage in while using the Services.
- Firstly, you are prohibited from utilizing the Services for any illegal purpose, or in violation of any local, state, national, or international law.
- Secondly, you are prohibited from violating or misappropriating the rights of third parties, including intellectual property rights, or encouraging others to do so.
- Thirdly, you are prohibited from distributing, posting, uploading any content that is unlawful, inaccurate, defamatory, libelous, or that a reasonable person could deem to be pornographic, objectionable, harassing, threatening, hateful, profane, indecent, or otherwise inappropriate.
- Fourthly, you are prohibited from interfering with the operation or any user’s enjoyment of the Services, including by uploading or otherwise disseminating adware, spyware, viruses, worms, or other malicious code, making unsolicited offers and/or advertisements to other users, or attempting to collect personal information about users or third-parties without their consent.
- Fifth, you are prohibited from interfering in any way with security-related features of the Services or the Site.
- Sixth, you are prohibited from performing any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth.
- Seventh, you are prohibited from accessing, monitoring or copying any content or information of the Site using any scripts, spider, scraper, robot, or other automated means or any manual process to collect users’ information.
- You are prohibited from displaying, copying, assigning, sublicensing, modifying, reproducing, renting, publishing, leasing, selling, transferring, disclosing, distributing, or preparing derivative works of our Services.
- In the unlikely event that our website is hacked, and the perpetrator makes any changes on the website including any changes to the content on this website including the terms, please refer to the terms that are also provided in the PDF format. In a spyware attack, the terms in the PDF format will govern the use of our services.
It is important to note that all materials from the Services are protected by copyright and other intellectual property laws. Transmitting, republishing, uploading, copying, reproducing, posting, or distributing any materials from our website in is disallowed and prohibited. The trademarks and service marks on our website belong to mindfulrelation.com. However, the third-party trademarks belong to their respective owners. When you post or upload any material or content to our website, you warrant that you own the right to share / use that content. In case you believe that your content has been used in a way that violates your copyright, please contact us at info@mindfulrelation.com.
You hereby grant us an irrevocable, royalty-free, perpetual, non-exclusive right and license to use, distribute, translate, transmit, reproduce, modify, display, share, and perform any content, information or material you submit or post in connection with the Services or otherwise make available to the company.
You agree that you will be personally responsible and liable for your use of the Services, and you agree to hold harmless, indemnify, and defend mindfulrelation.com and its former and current directors, officers, contractors, employees from and against any and all liabilities, damages, claims, losses, and expenses, including all fees, which are not limited to attorneys’ and accounting fees that arise out of or in any way linked with any content that you have submitted to, or shared on our website or through our website linked to your violation of any third-party right, including without limitation any publicity, confidentiality, intellectual property right, or privacy right, your violation of the Terms or any applicable law or regulation, and any disputes or issues that arise between you and any third-party.
We reserve the right, at our sole discretion or expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate with our defense of such claim.
We may, at our sole discretion and without prior notice to you modify the Terms and we may impose new or additional terms or conditions on any kind of use of our Services. These modifications will be effective immediately and incorporated into the Terms. If you do not agree to the modified terms or new or additional terms or conditions, you must stop using the Services immediately.
DISCLAIMERS OF WARRANTIES.
The disclaimers and limitations on our liability in this section apply to the fullest extent permitted by any and all applicable law. Our services are provided “as is” and on an “as available” basis, and without warranty or condition of any kind, either express or implied.
Although mindfulrelation.com seeks to maintain secure, accurate, safe, and well-functioning services. However, we cannot guarantee the continuous access to our services. It is unlikely, but there could be technical or factual errors or inaccuracies in our content, and you agree to hold us harmless in such a situation. You assume all risk for any/all damages that may result from your use of or access to our services.
Mindfulrelation.com specifically (but without limitation) disclaims:
Any implied warranties of fitness for a particular purpose, quiet enjoyment, or non-infringement
any warranties arising out of usage, of our services.
We are not responsible for the unavailability, loss of, or damage to any information you have made available through the services.
We do not guarantee the completeness and accuracy of, and disclaims all liability for, any errors or other inaccuracies and incompleteness in the content, recommendations, information, products, and materials made available through our services.
You agree and acknowledge that our services are provided for informational purposes.
The information provided through our services is provided solely for educational, entertainment, or informational purposes and does not constitute family planning, medical, clinical, legal, financial, or any other form of advice.
The company and services are not endorsed by or affiliated with any governmental, clinical, or medical entity.
We make no warranties, representations, or guarantees either express or implied regarding the results that may be obtained through the use of our services. We expressly disclaims any and all liability for any products, services, material, or content provided by third party service providers.
To the fullest extent permitted by any and all applicable laws:
- In no event will the company or its employees, directors, service providers, representatives, or officer’s be liable or responsible to you for any indirect, direct, punitive incidental, special, consequential damages or for loss of revenue, data, profits, or use, whether based on contract, tort (including negligence), warranty, statute, or any other legal theory, whether or not the company has been informed of the possibility of such damage, And
- To the extent our liability has not already been excluded in the foregoing, in no event shall our cumulative liability to you, whether in contract, tort, or otherwise, exceed greater than US $0.
The Terms are governed by the laws of the State of Texas and the Federal Arbitration Act (“FAA”), without regard to conflict of law principles. The Section below provides that disputes must be resolved through the binding arbitration. To the extent that any lawsuit or court proceeding is permitted hereunder, You and the company agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Tarrant County, Texas, for the purpose of litigating any and all disputes.
We make no representation that information and materials included in the Services are appropriate or available for use outside the U.S.
Dispute Resolution by Binding Arbitration; Class Action Waiver.
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement.
To this effect:
Firstly, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Most disputes and customer concerns can be resolved quickly by contacting us at info@mindfulrelation.com
If the parties do not reach such solution within a period of 60 days, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
If the dispute is still unresolved after 30 days from the date mediation began, then upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules or by separate mutual agreement, to another arbitration institution, in accordance with the “arbitration agreement” section below. The AAA rules and filing forms are available online at www.adr.org.
You understand that by entering into this agreement, you are waiving the right to a trial by jury or to participate in a class action or representative action to the maximum extent permitted by law against us.
All claims to be resolved by a binding individual arbitration.
To the maximum extent permitted by applicable law, you agree to arbitrate any and all disputes and claims between you and the company, and between you and our former or past employees, directors, officers and contractors, in all cases arising out of or relating to the terms or the services, the claims must be resolved by binding, individual arbitration.
You agree that, by agreeing to the terms, you are waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. The terms evidence a transaction in interstate commerce, and thus the FAA governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of the terms or your relationship with the company for any reason.
Any arbitration between you and the company will be governed by the commercial dispute resolution procedures and the supplementary procedures for consumer related disputes (collectively, “AAA rules”) of the American Arbitration Association (“AAA”), as modified by these terms, and will be administered by the AAA.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as other terms and conditions in these terms, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of these terms including, but not limited to any claim that all or any part of this arbitration provision or these terms is void or voidable.
For the avoidance of doubt, the court and arbitrator shall be bound by these terms, including with regard to the class action waiver provision below.
In any arbitration, the arbitrator shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.
During the arbitration, the amount of any settlement offer made by the company shall not be disclosed to the arbitrator. In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court, including for example, under Texas code of civil procedure for arbitrations taking place in Texas. Such offers of compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention (if needed).
Notice and process. A party who intends to seek arbitration must first send to the other, a written notice of dispute (“notice”). The notice to the company should be emailed to info@mindfulrelation.com. Notice to you from the company may be to you directly, or if you are represented, to your legal counsel. The notice must
(1) describe the nature and basis of the claim or dispute; and
(2) set forth the specific relief sought (“demand”). If you and the company do not reach an agreement to resolve the claim with negotiation and mediation then after 90 days from the date the first notice was received, you or the company may commence an arbitration proceeding pursuant to the terms of this arbitration agreement.
Fees. If you commence arbitration in accordance with these terms, you agree that you will reimburse the company for all fees including but not limited to attorney fees associated with the arbitration paid by the company.
If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA rules. Any in-person arbitration hearings will take place at a location to be agreed upon in Tarrant county, Texas, regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(A) Class action waiver. Any arbitration under these terms will take place on an individual basis; class arbitrations and class actions are not permitted. Unless both you and the company agree otherwise, the arbitrator may not consolidate more than one person’s claims (except as set forth in subsection below marked as B and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim. Any relief awarded cannot affect other users. If this specific subparagraph (A) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (A) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (A) enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law. Nothing in subsection (A) or (B) below shall prevent the company from participating in a class wide settlement of claims.
You agree that you may bring claims against the company in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
B) Mass, collective, or batch arbitration. You agree that administration of any mass, collective or batch arbitration shall be governed by the terms set forth in this subsection B.
You agree that a “mass, collective, and/or batch arbitration” includes, but is not limited to, instances in which you and others are represented by a law firm or collection of law firms or legal counsel that has filed more than 20 arbitration demands of a substantially similar nature against the company, alleging similar or identical claims or causes of action, within 180 days of the arbitration demand filed on your or others behalf, and the law firm or collective of legal counsel/law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands together. If more than 10 arbitration demands of a substantially similar nature, alleging the similar or identical claims or causes of action, are filed against the company by the same law firm or collection of legal counsel/law firms within 180 days of one another, each arbitration demand must be filed, administered, arbitrated, and resolved pursuant to this subsection B.
Specifically, in order to increase the efficiency of resolution for any mass, collective, and/or batch arbitration, in the event 10 or more similar arbitration demands against the company are filed within a 180 day period pursuant to the above, the arbitration provider shall (i) group the arbitration demands into batches of no more than 10 demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. You and the company agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for mass, collective, and/or batch arbitrations with regard to resolution, fees and administration.
If this subsection B is not enforced, or the arbitration provider refuses to follow this specific mass, collective, and/or batch arbitration protocols, then each arbitration demand must be filed, administered, arbitrated, and resolved individually, or the parties agree to seek out a different, mutually agreeable and widely recognized arbitration organization agreeable to follow the subsection B. If any other portion of this subparagraph (B) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (B) and this agreement shall be enforced to the maximum extent permitted by law. Mass, collective, and/or batch arbitrations shall otherwise be subject to all other substantive and procedural terms contained within this agreement.
If an arbitrator or court decides that any part of any subsection of these terms is invalid or unenforceable, the other parts of these terms shall still apply. If the entirety of any subsection is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue (Tarrant County, Texas) shall govern any action arising out of or related to the Terms, and that the remainder of the Terms will continue to apply with full force.
We reserve the right to discontinue, modify, temporarily or permanently, some or all of the Services at any time without any notice or obligation to you. You agree that we will not be responsible or liable to you or to any third-party for any suspension, discontinuance, or modification of any of the Services.
Discovery and/or the exchange of privileged and non-privileged information relevant to the dispute will be governed by the AAA Rules.
Notwithstanding the Arbitration Agreement, you acknowledge that money damages are an inadequate remedy for unauthorized access to or use of the Services or your breach of any provisions in the Terms relating to our intellectual property rights, and any such breach could result in irreparable harm to the company. Accordingly, in the event of any such actual or threatened breach, we may, in addition to any other rights or remedies available to us (in law or equity), seek specific performance or injunctive relief without the posting of a bond.
The company may make any future changes to this Arbitration Agreement at its sole discretion, and you agree to abide by the terms as modified.
1) Except as specified herein, these Terms, constitute the entire and exclusive understanding and agreement between you and the company regarding your use of and access to the Services.
2) The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
3) In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
4) The company’s former and past officers, contractors, employees, directors, and each of their successors and assigns, are intended beneficiaries from the ‘Indemnification’ section and the Arbitration Agreement and have the right to enforce such provisions against you.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
To contact us with questions or suggestions about the service, please email us at info@mindfulrelation.com