1. MINDFUL PLANET PURPOSE
Welcome to Levelhead, the Mindfulness App created by Mindful Planet, LLC. We supply a functional mindfulness program on your mobile device using groundbreaking research in neuroscience, positive psychology, and mindfulness. We have created a set of practices to help employees in high performing organizations. We offer services and content two ways: (1) to the employer or organization that contracts with Mindful Planet to offer the app to their employees or participants (“Organization”), and (2) to the employees or participants (“Participant”) directly. Our services and content may include online chat, alerts, upload or download of information, ring tones, animated screensavers, wallpapers, and utilities through www.MindfulPlanet.com (“Website”), our applications (“Apps”), or other delivery methods (collectively, “Products”). We reserve the right to add, change, and remove services and content at our discretion.
2. AGREEMENT TO TERMS
When you use our Products, you agree to be bound by these Terms of Service (“Terms”), as well as all applicable laws, rules, and regulations which apply to our Products. These Terms are a binding contract between you and Mindful Planet, LLC. These Terms apply to all Users. If there are Terms which apply differently to Participants or an Organization, such Terms will be noted. Please review these Terms carefully before using, ordering or downloading any Products from an Organization, the Website or any third-party App store (for example the Apple App Store, the Android Play Store, Amazon, etc.), and before using our Products.
Keep in mind the following definitions when reading these Terms. “Mindful Planet,” “us” or “we” refers to Mindful Planet, LLC. “Device” refers to the device which is used to access the Products including but not limited to computers, smartphones and tablets. The term “you” or “User” refers to the User of the Products, whether an Organization or a Participant. The Term “Parties” refers to Mindful Planet and any User collectively.
When you order (“Order”) any Products or are given permission to download the Products from your Organization you may also be asked to click “I accept” at the appropriate place prior to your download or purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. Further, if you do not agree to these Terms, please refrain from using the Products.
Mindful Planet reserves the right to change these Terms, or any other of our policies or practices, at any time, and such modifications will be effective immediately when posted on this page or when distributed via electronic communication to you, whichever is earlier. Your continued use of the Products will be deemed as your acceptance of the modified Terms.
4. ARBITRATION NOTICE AND CLASS ACTION WAIVER
PLEASE NOTE THAT OUR TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES SPECIFICALLY MENTIONED IN THE ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES BETWEEN YOU AND MINDFUL PLANET ARISING OUT OF OUR RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS SHALL BE RESOLVED BY MANDATORY BINDING ARBITRATION. OUR TERMS ALSO CONTAIN A WAIVER OF YOUR RIGHT TO ENGAGE IN A CLASS ACTION AGAINST US. THEREFORE, YOU ARE KNOWINGLY WAVIING YOUR RIGHT TO A TRIAL, TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, TO ARGUE THAT THE ARBITRATION PROVISION DOES NOT APPLY TO YOUR CLAIM AND TO ARGUE THAT JURISDICTION IS APPROPRIATE ELSEWHERE. Please refer to Section 22below for more information.
We are providing you access to our Products for certain purposes (“License”). This License is limited, non-exclusive, non-sublicenseable, non-transferable, and revocable. You can use our Products for personal use only or through your employer, but you cannot use the Products for Commercial Purposes. Your use of the Products is specifically subject to these Terms. Further, we may terminate your account, the License, or your use of the Products for violating any of these Terms or for some other reason which will be at our sole discretion. Please note that in order to use certain functions of the Products, you may be required to agree to additional terms of service, which are hereby incorporated into these Terms. If there are discrepancies between any additional terms of service and these Terms, these Terms will control unless specifically noted.
You agree that as part of this License you will not and you will not assist or permit any third-party to:
(a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products;
(b) Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
(c) Rent, lease, loan, make available to the public, sell, or distribute the Products in whole or in part;
(d) Tamper with the Products or circumvent any technology used by Mindful Planet or its licensors to protect any content accessible through the Products;
(e) Circumvent any territorial restrictions applied to the Products;
(f) Use the Products in a way that violates this License Agreement or the other Terms; or
(g) Make the product available to the public
6. MEMBERSHIPS AND SUBSCRIPTIONS
You may be introduced to our Products through your employer Organization as part of your benefit plan. In some cases, these Organizations may supplement these Terms with their own terms and conditions, which will also apply to a Participant’s use of the Products. In the event of any conflict between an Organization’s terms and these Terms, these Terms will prevail.
As an Organization member you will receive access to certain sections, features and functions of the Products that are not available to Participants or non-members. Organizations may elect to provide Participants with access to select parts of the App based on their applicability to the Participant and the Participant’s usage patterns.
By agreeing to become a member, you opt-in to receiving occasional special offers, marketing, surveys, and Product based communication emails. You can easily unsubscribe from Mindful Planet commercial emails by following the opt-out instruction in these emails. Mindful Planet memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
You are responsible for maintaining the confidentiality of your account, password, and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
Organizations may subscribe to Mindful Planet Products by contacting Mindful Planet directly. Once set up as an Organization member, the Organization will enroll Participants and pay for their usage of the Products through an online portal or dashboard.
Mindful Planet offers monthly, yearly, and two-year subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days, a year constitutes 365 calendar days and two years constitutes 730 calendar days.
Our “Monthly” subscription is paid in monthly installments. Our “Yearly” and “Two-Year” subscriptions are paid for by an upfront one-off payment with automatic annual or two-year renewals respectively. You acknowledge and agree that Mindful Planet is authorized to charge the same credit card as was used for the initial subscription fee or other payment method you subsequently communicate to us (the “Payment Method”) in the amount of the then current monthly, yearly, or two-year subscription fee, whichever is applicable. The renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews at the end of each month, year, or two-year period, whichever is applicable, in order to avoid billing of the next period’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period. You may cancel automatic renewals of your subscription at any time by emailing Jeff@MindfulPlanet.com.
You agree to promptly notify Mindful Planet of any changes to the Payment Method 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.
In the course of your use of the Products, Mindful Planet and its third-party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Mindful Planet and Mindful Planet’s third-party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
We will provide access to our Products after your subscription is paid and we can confirm your Order. If you are provided an Order number, please use that in all subsequent correspondence with us. Prices do not include local taxes. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through Mindful Planet for commercial purposes.
We reserve the right to change the fees or charges for our Products, or add new fees or charges at any time at our sole discretion. We will notify you in a method we choose, at least ten (10) calendar days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing Jeff@MindfulPlanet.com.
Becoming a Participant
You may sign up as a registered user of the Products free of charge through your employer or Organization. To become a Participant, you will contact your Organization’s Mindful Planet administrator and submit your email address to them and create a username and password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.
You are responsible for maintaining the confidentiality of your account, password, and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
Use of Mindful Planet by Minors
Our Products are not intended for anyone under the age of 18 or the age of majority in your province, territory, or country. Individuals under the age of 18 or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to this Policy. If we learn we have collected or received personal information from a person under 18 without verification of parental consent, we will delete that information.
7. DEVICE REQUIREMENTS
To enjoy Mindful Planet via your smartphone or other Device, your Device must satisfy certain system requirements namely:
8. CANCELLATION OF SERVICES
An Organization may cancel a subscription at any time and the cancellation will be effective as of the last date of the then current subscription period. A Participant may cancel a subscription at any time by contacting your Organization’s Mindful Planet administrator.
We may suspend or terminate an Organization’s use or any individual Participant’s use of the Products as a result of fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes without limitation, the unauthorized copying or download of our audio or video content from the Products.
9. AVAILABILITY OF PRODUCTS
Although we will try to offer you the best service we can, we make no promise that the Products will meet your requirement. We also cannot guarantee that the Products will be fault free. If a fault occurs while you are using the Products, please report it to us at Jeff@MindfulPlanet.worldcom. We review complaints regularly and where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. However, we may not be able to address a fault, have no obligation to do so, and we will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
Your access to the Products may be occasionally restricted to allow for repairs, maintenance, or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing Jeff@MindfulPlanet.com.
10. PROHIBITED USE OF THE PRODUCTS
We hope you find our Products helpful and appreciate the trust you place in us. We ask for the same commitment from you. Therefore, except without our written permission, you shall not misuse our Products in any of the following ways:
Attempt to impersonate someone else or use another Participant’s Levelhead account without written permission.
Use our Products in connection with your research individually or on behalf of an organization.
Agree not to upload, post, email, or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files, or programs designed to interrupt, harm, damage, destroy, or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves.
Agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies, or regulations of networks connected to the Products.
Violate or attempt to violate any of our security features, including logging into a server you are not authorized to access or trying in any way to probe our system to assess vulnerabilities.
Use any interfaces which are not public to access the App or our Website.
Use Levelhead, Mindful Planet, LLC, or any of our Tradenames, tradedress, service marks, copyrights, logos, or any other proprietary promotional materials (collectively “Logos”) in anyway including to imply that our Products and Logos are connected to you in anyway.
Violate any third party’s rights including intellectual property or privacy rights.
In our sole discretion, threaten, stalk, harm, or harass others; or engage in any activity that is fraudulent, defamatory, abusive, illegal, or otherwise inappropriate.
If you engage in any of the actions enumerated above, we may immediately terminate your account. Such behavior may also give rise to civil or criminal penalties under applicable law. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them.
11. USER MATERIAL
We may let you submit material to us (“User Material”) through our Products. This User Material refers to any publicly available material of any kind that you submit to us including text, files, images, photos, video, sounds, and musical or literary works. User Material does not include the account information, Product purchase, or Product User Information which you provide in registering for and using Products.
We do not review and are not responsible for the content of User Material provided by you or any other user. We do not endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material including as to its legality or accuracy.
We reserve the right, at our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this section and we may do this with or without giving you any prior notice.
You represent and warrant the following about User Material:
(a) Your User Material does not violate Section 10 of these Terms.
(b) You own your User Material and submitting it to us you will not infringe any rights of any third-party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality, or rights under contract.
(c) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially, or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
(d) You will not collect any usernames and/or email addresses of Users for the purpose of sending unsolicited email to other Users.
(e) You will not engage in criminal or tortious activity including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another User or person.
You agree to indemnify Mindful Planet and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material. We are entitled to identify you to third-parties who claim that their rights have been infringed by User Material you have submitted.
User Material is not considered to be confidential. Therefore, do not submit User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant Mindful Planet an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute, and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes), and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. If you remove User Material, we cannot guarantee that it does not remain on other sites on the Internet where another Participant may have placed it.
Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, emailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to Mindful Planet an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute, and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third-party. Submissions made to us will not be returned to you and may not be acknowledged by. If you make a Submission to us that is infringing on any third-party’s rights, you agree to indemnify Mindful Planet and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
12. LINKS TO WEBSITES/HOME PAGE
We may provide links to other websites or services for you to access. You access these websites and services at your own risk, and within your sole discretion. These links are for convenience only. By providing a link we are not endorsing a website, service, or product of any third-party. Please proceed carefully since we are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods, or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are not responsible for any damage, loss, or offense caused or alleged to be caused by, or in connection with, your use of, or reliance on, these links.
You may not create a link to our Website home page unless you have written permission from us and we reserve the right to our permission within our sole authority.
13. PRODUCTS DISCLAIMER
The information contained in the Products are for general information purposes only. While we try to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
14. MEDICAL DISCLAIMER
Mindful Planet provides online and mobile mindfulness content to Users but we are not a health care or medical device provider. You must not consider our Products medical or psychological advice.
Any health information and links on the Products are for general information whether provided by Mindful Planet or by contract from outside providers. The information is for your convenience only. The Products and the information are not intended to be relied upon and are not a substitute for professional medical or mental health advice based on your individual condition and circumstances. You should always discuss your individual concerns with your own doctor. The advice and other materials in our Products are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO CLAIMS, REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE ADVICE, CONTENT, OTHER MATERIALS, AND INFORMATION PUBLISHED AS PART OF THE PRODUCTS.
If you suffer from certain psychiatric problems like anxiety and depression, you should speak with your health care or psychological provider before starting a mindfulness practice.
15. OWNERSHIP OF MATERIALS OFFERED THROUGH THE PRODUCTS
The Levelhead ™ and Mindful Planet ™ logos and all other Levelhead and Mindful Planet product or service marks are trademarks of Mindful Planet. All intellectual property, other trademarks, logos, images, product, and company names displayed or referred to on or in the Products (“Intellectual Property”) are the property of Mindful Planet and we will enforce our rights to the fullest extent of the law.
Unless otherwise indicated, all materials (including software and content whether downloaded or not) contained in the Products are owned by Mindful Planet or our affiliates and/or third-party licensors, where applicable. Your limited use License in our Products does not create or transfer any ownership rights in or to such Products.
You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data, or materials in the Products. If you do so, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. In the event you violate our Intellectual Property, rights we will enforce our rights to the fullest extent of the law.
16. DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE
We comply with the provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) and require our Users to do the same. If you have complaints with respect to materials posted in our Products or on our Website, you may contact our DMCA agent at the following address:
Mindful Planet, LLC
ATTN: DMCA Complaint
4742 N. 24th Streeet, Suite 300
Phoenix, AZ 85016
Please provide the following information in your complaint:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Products;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Upon our receipt of a complaint containing the information above, we will remove, or disable access to, the infringing material and will follow the DMCA procedures to resolve the claim between the party who has notified us of the infringement and the alleged infringer.
17. WARRANTIES AND LIMITATIONS
Mindful Planet warrants that (1) any Product purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality, and (2) we will use reasonable skill and care in making the Products available to you during your subscription.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PRODUCTS (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND INFORMATION) ARE PROVIDED AS IS, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR WITH RESPECT TO THE ACCURACY, QUALITY, OR COMPLETENESS OF THE PRODUCTS OR THEIR CONTENT.
We assume no liability or responsibility for any errors or omissions in the content of the Products, or any failures, delays, or interruptions in the provision of the Products. We do not guarantee or promise any specific results from your use of the Products. We make no warranties or representations, express or implied, for technical accessibility, fitness, or flawlessness of the Products. We make no warranties or representations that your use of content and information posted on the Products will not infringe rights of third-parties.
All conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity are, to the extent permitted by law, excluded.
18. LIMITATION OF LIABILITY
If we fail to comply with these Terms in some way, we will be liable to you only for the purchase price of the Products in question. We have no liability however for: (1) computer difficulties or errors, the speed of transmission of data, errors during the registration process and during completion of a subscription, and/or any damage that occurs due to information submitted by you not being received by us, not being received promptly, or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control); (2) any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data, or other property caused by you accessing, using, or downloading from the Products, or from transmissions via emails or attachments received from us; or (3) your use of websites linked to the Products but operated by third-parties.
YOU ACCEPT LIABILITY FOR, AND ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, RESULTING FROM YOUR USE OF THE WEBSITE INCLUDING ANY DOWNLOADS FROM THE PRODUCTS AND ANY CONTENT POSTED OR TRANSMITTED BY YOU. UNDER NO CIRCUMSTANCES WILL MINDFUL PLANET AND ITS DIRECTORS, OFFICERS, MEMBERS, INVESTORS, MANAGERS, EMPLOYEES, AGENTS, AND OTHER AFFILIATED ENTITIES (“Protected Entities”) BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS. OUR TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR YOUR USE OF THE PRODUCTS UNTIL THE DATE A CLAIM IS MADE. YOU HEREBY AND WITH FULL INFORMED CONSENT, RELEASE THE PROTECTED ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
19. ELECTRONIC COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Products, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Products. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
To retain a copy of these Terms, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text and paste the text into a new document in the word processor or text editor and save the text.
You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at Jeff@MindfulPlanet.world. We may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication.
You can contact us via email at Jeff@MindfulPlanet.world to withdraw your consent to receive any future communications electronically including if the system requirements described above change and you no longer possess the required system. If you withdraw your consent, we may terminate your use of the Products.
We reserve the right, at our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.
20. GENERAL TERMS AND CONDITIONS
A) ENTIRE AGREEMENT
These Terms and any document expressly referred to in them are the whole agreement between you and Mindful Planet and supersede any and all previous agreements, discussions, correspondence, negotiations, or understanding arising out of or relating to the Products. Neither you or Mindful Planet will have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.
Mindful Planet may transfer its rights and obligations under these Terms to any company, firm, or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third-party is entitled to benefit under these Terms except as set out here.
C) INDEMNITY BY YOU
You agree to defend, indemnify, and hold the Protected Entities harmless from any and all claims, liabilities, costs, and expenses including reasonable attorneys’ fees, arising in any way from your use of the Products, your placement, or transmission of any message, content, information, software, or other Submissions through the Products, or your breach or violation of the law or of these Terms. You further agree to indemnify and hold the Protected Entities harmless from any and all losses resulting from claims of third-parties, including, but not limited to, attorneys’ fees, that result in whole or in part from violations by you, or any individual using your password, of any of the terms of this agreement. Mindful Planet reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Mindful Planet’s defense of such claim.
D) NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
E) FORCE MAJEURE
We will not be liable for any delay or failure in performance of any part of these Terms or the Products from any cause beyond our control, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, environmental disturbances, unusually severe weather, acts of hackers and other illegal activities of third-parties, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slow downs over the Internet or any third-party Internet service providers.
F) U.S. EXPORT CONTROLS
Software available in connection with the Products (“Software”) is subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. Downloading or using any of the Software is at your sole risk.
In these Terms, unless the context requires otherwise, any phrase introduced by the words “including”, “include”, “in particular”, “for example”, or any similar expression will be construed as illustrative only and will not be construed as limiting the generality of any preceding words.
These Terms will be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
Unless otherwise specifically indicated, all notices given by you to us must be given to Mindful Planet at Jeff@MindfulPlanet.work. We may give notice to you at the email address you provide to us when you register. If your email address changes at any time, it is solely your responsibility to contact us at Jeff@MindfulPlanet.work to change the address we have on file for you. Notice will be deemed received and properly served immediately when posted on the Products or when an email or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
I) NO THIRD-PARTY RIGHTS
A person who is not party to these Terms will not have any rights under or in connection with these Terms, unless the DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE section applies.
The ownership and proprietary rights provisions set forth in these Terms, the ARBITRATION section, and any other provisions that by their sense and context are intended to survive, will survive after the membership or subscription of an Organization or Participant is cancelled or terminated for any reason.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH MINDFUL PLANET. THEY ALSO LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MINDFUL PLANET.
All disputes arising out of, relating to, or in connection with these Terms or your use of the Products that cannot be resolved informally will be resolved through binding arbitration on an individual basis, except that you and Mindful Planet are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
The Federal Arbitration Act governs this Arbitration Provision. Any Arbitration will be initiated through the American Arbitration Association ("AAA"). The AAA Consumer Arbitration Rules (“AAA Rules”) will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. You can find a copy of the AAA Rules online at www.adr.org or by calling the AAA at 1-800-778-7879. A single arbitrator will conduct any arbitration.If the claim is for $10,000 or less, the arbitrator may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. If a hearing in-person is required, the proceedings will be conducted at a location which is reasonably convenient for both Parties with due consideration of the ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, the determination will be made by the arbitration institution.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Mindful Planet. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Mindful Planet for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will 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.
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Mindful Planet. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Mindful Planet.
You and Mindful Planet waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Mindful Planet elect to have claims and disputes resolved by arbitration. In any litigation between you and Mindful Planet over whether to vacate or enforce an arbitration award, you and Mindful Planet waive all rights to a jury trial and elect instead to have the dispute be resolved by a judge.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND MINDFUL PLANET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Mindful Planet are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in this section below.
YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Mindful Planet can force the other to arbitrate. To opt-out, you must notify Mindful Planet in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, the email address you used to set up your Mindful Planet account, and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to the following physical address: Mindful Planet, ATTN: Arbitration Opt-out, 4742 N. 24th Street - Suite 300, Phoenix, AZ 85016.
L) CHOICE OF LAW, JURISDICTION, AND VENUE
Except to the extent they are preempted by U.S. federal law, Arizona law will govern these Terms exclusively.
To the extent the Parties are permitted under these Terms to initiate litigation in a court, both Parties agree that all claims and disputes arising out of or relating to the Terms or the use of the Products will be litigated exclusively in the United States District Court for the District of Arizona or the Superior Court in Maricopa County Arizona. The Parties consent to the personal jurisdiction of this court and waive their respective rights to make any claim regarding improper venue.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and will not affect the validity and enforceability of any remaining provisions.
Mindful Planet is located at 4742 N. 24th Street - Suite 300, Phoenix, AZ 85016. Our contact email address is Jeff@MindfulPlanet.world. All correspondence to Mindful Planet including any queries you may have regarding your use of the Products or these Terms should be sent to this physical or contact email address.
These Terms are effective November 1, 2017.
Please read this Policy carefully. It sets forth Our practices for collecting, using, maintaining, protecting, and disclosing the information We collect or you provide. By accessing or using Our Products, you agree to be bound by this Policy. If We make any material changes to this Policy, We will notify you by email (sent to the e-mail address specified in your account) or by means of a notice in the Products prior to the change becoming effective. Your continued use of Our Products after We make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
CONFIDENTIALITY AND SECURITY
We take the security of your personal information very seriously. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. If you have any questions about the specific security of your personal information, you can contact us at xxx@MindfulPlanet.com. Except as described under the “Disclosure of Your Information” section below, We do not provide your personal information to any third-party without your specific consent.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following information about you:
Personal information including your name, address, e-mail address, or telephone number. We do not request or store credit or debit card or other payment information, and any other identifier by which you may be contacted online or offline;
Information about your usage of the Products and information collected by tracking technologies as described below that may or may not identify you as an individual or allow online or offline contact with you as an individual;
For individuals using the Products in connection with a Community client account as described under Corporate and Other Community Sharing, business information such as your company name and company email address;
Social media profile information, such as name, email address, and ID, if you choose to log in to the Products through a social media account, such as xxxxxxxxxxx;
Details of your visits to Our Products, including traffic data, location data, logs, and other communication data;
Records and copies of your correspondence, if you contact us; and/or
The equipment you use to access the Products including your IP address, internet connection, browser type, operating system version, and system performance information.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on Our secure servers behind firewalls.
The safety and security of your information also depends on you. Where We have given you (or where you have chosen) a password for access to certain parts of the Products, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website, like message boards. The information you share in public areas may be viewed by any user of the Website.
Although We do Our best to protect your personal information, We cannot guarantee the security of your personal information transmitted to the Products via the internet, as it is not completely secure. Any transmission of personal information is at your own risk.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
To present Our Products and their content to you.
To ensure that content is presented in the most effective manner for you and for your computer or other device.
To provide you with information, products, or services that you request from us or which We feel may interest you, unless you have requested that We not provide this information.
To provide you with notices about your account and customer service communications.
To carry out Our obligations arising from any agreements entered into between you and us.
To allow you to participate in interactive features of the Products, if you choose to do so.
To notify you about changes to the Products and this Policy.
To understand your broad, non-specific geographic location such as zip code, state, or country.
To inform your Community about your registration and use of the Products as described under Corporate and Other Community Sharing.
To serve Our advertisements to you through third-party platforms, such as Facebook or Google, on other sites, and apps or across your devices.
To provide you with the SMS Service.
To record details of your transactions with the Products and fulfillment of any orders.
To record details of your interactions with the Products including, but not limited to, traffic data, location data, weblogs and other communication data, and the resources that you access.
To record your responses to voluntary surveys that We use for research purposes.
If you are an existing customer, We will only contact you by electronic means (e-mail or in-Product communication) with information about products and services similar to those which were the subject of a previous sale to you.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about Our users and information that does not identify any individual, without restriction. We may also disclose your personal information to third-parties as follows:
To Our subsidiaries and affiliates.
To contractors, service providers, and other third-parties We use to support Our business (like hosting, market analytics, and payment service providers) and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which We disclose it to them.
To third-parties to market their products or services to you if you have not opted out of these disclosures.
To fulfill the purpose for which you provide it or for any other purpose disclosed by us when you provide the information.
For any reason with your consent.
With your Community, if your subscription is a Community Subscription, as described under Corporate and Other Community Sharing above.
If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of Our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Mindful Planet's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Mindful Planet about Our users is among the assets transferred.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
MANAGEMENT OF YOUR PERSONAL INFORMATION
You enrolled in and access Mindful Planet through your employer’s Community. Your personal information is available for your review through your online account on your employer’s website. To view your personal information, please log on to your online account at xxxxxx.com. To change or delete your personal information, or to cease your participation with the Products, please email your employer at email@example.com.
CORPORATE AND OTHER COMMUNITY SHARING
You have been provided access to Mindful Planet through your employer and their online community (“Community”). Your employer and other members of the Community will have access to your name and the date you registered to use the Products and will have access to your usage information on an aggregated basis with all other members of the Community that are using the Products. Your employer will also have access to your personal information. While We do not otherwise share your personal information with your Community, when you register to use the Products you will have the opportunity to opt-in to agree to share additional personal information as well as usage information with the Community, and in this case, your Community will have access to this information. For example, many employers are offering incentive programs based on employee participation in the Levelhead programs and desire to better understand how each of their employees is using the Products.
Mindful Planet and Our analytics partners, use technologies such as cookies, beacons, tags, and scripts to enable a service to recognize your device so you do not have to provide the same information several times during one task, recognize that you may have already given a username and password so you do not need to do it for every web page requested, and measure how many people are using services.
We use local storage, such as HTML5, to store content information and preferences. Third-parties with whom we partner to provide certain features on the Products also use HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5.
We partner with third-parties, such as Facebook and Google, to manage Our advertising of the Products on other sites or platforms as well as across your other devices based on your past visits to Our website. Our third-party partners may use technologies such as cookies to gather information about your activities within the Products to deliver such advertising to you, such as retargeting ads. We currently do not respond to do-not-track signals. For more information about interest-based ads, including how to opt-out of having your web-browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices. Please note that this does not opt you out of being served ads. You may continue to receive generic ads on these third-party platforms. You may also opt-out of receiving ads across devices by adjusting your ad preference in your Google account.
We use third-party trackers to let us know when users have visited the Products by “clicking-through” Our sponsored advertising or content hosted on third-party platforms.
The Products use Google Analytics code to gather statistical information. Google Analytics sets cookies to help us accurately estimate the number of visitors to the Products and the volumes of usage of the Products. This is done to ensure that the Products are available when you want them and are fast. For more information on how Google Analytics processes this information, visit www.google.com/analytics.
We use mobile analytics software to allow us to better understand the functionality of Our mobile software on your phone. This software may record information such as how often you use the Products, the events that occur within the application, aggregated usage, performance data, and from where the application was downloaded. We may link the information We store within the analytics software to any personal information you submit within the mobile application.
As true of most websites, We gather certain information and automatically and store it in log files. This information may include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
If you receive the HTML-formatted version of Our email newsletter, your opening of the newsletter is notified to us and saved. Your clicks on links in the newsletter are also saved. These and the open statistics are used in aggregate form to give us an indication of the popularity of the content and to help us make decisions about future content and formatting.
INFORMATION POSTED ON FORUMS
Mindful Planet users may have the ability to post content to one or more Mindful Planet forums. If you wish to remove content you have posted, please contact Mindful Planet at Jeff@MindfulPlanet.world and specifically identify the content to be removed. Please be advised that any such removal does not ensure complete or comprehensive removal of all traces of the content posted on the Mindful Planet forum(s).
NEWSLETTERS OR OTHER ELECTRONIC COMMUNICATIONS
We may send periodic informational newsletters or other electronic communications related to Our Products and your usage of them. You will receive these communications only if you sign up on the website to receive such communications. You may unsubscribe from these communications at any time by clicking “unsubscribe” at the bottom of a message or by emailing us at Jeff@MindfulPlanet.world. If you no longer wish to receive push notifications, you may turn them off at the device level. If you provide your phone number through the website in order to receive an SMS message with a link to Our Apps, you will receive such communications as an SMS message. Standard text message rates will apply.
LINKS TO THIRD-PARTY SITES
We may include links, in Our Products, to and from the products of Our partners, advertisers, and affiliates. Please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these websites or their policies. Please check these policies before you click on a link to, or submit any personal information to, these external websites.
SOCIAL MEDIA WIDGETS
Our Products do not currently include social media features, such as the Facebook Like button, and widgets, such as the “Share This” button, or interactive mini-programs but may do so in the future. These features may collect your Internet protocol address, which page you are visiting on Our Products, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted by a third-party or hosted directly on Our Products. Your interactions with these features are governed by the privacy statement of the company providing it.
Apple iOS users may opt-in to allow the Products to provide data regarding the amount of minutes meditated to the Apple iOS “Health” application for display. This data will not be shared with third-parties or used for marketing purposes.
USE OF MINDFUL PLANET BY MINORS
Our Products are not intended for anyone under the age of 18 or the age of majority in your province, territory, or country. Individuals under the age of 18 or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person's account, and otherwise subject to this Policy. If We learn We have collected or received personal information from a child under 18 or the applicable age of majority without verification of parental consent, We will delete that information.