Section 1. Coaching Services and Policies
a. Coaching Services:
All coaching services delivered by Katy Flatau and/or Mindful-U, LLC are meant to challenge, uplift, and support you psychologically. However, coaching is not psychotherapy. If you feel psychologically stressed to the point that it is interfering with your ability to function, please have the courage to seek the help you need in the form of a professional counselor.
Life coaching may augment your therapy, but the work of coaching is meant to be done when major emotional and psychological wounds are already healing or healed.
- You understand that the life coaching services you will be receiving from Katy Flatau are not offered as a substitute for mental health care. You also understand that the coach, Katy Flatau, is not acting as a psychotherapist, and does not purport to offer mental health care.
- You understand that the coach will maintain the confidentiality of your communications only to the extent defined by the laws of the states in which each of us resides.
- You understand and agree that you are fully responsible for your well-being during coaching calls, and subsequently, including your choices and decisions.
- You understand that all comments and ideas offered by the coach are solely for the purpose of aiding me in achieving my defined goals. You have the ability to give your informed consent, and hereby give such consent to the coach to assist you in achieving such goals.
By hereby release, waive, acquit and forever discharge Katy Flatau and Katy Flatau, Infinite Crossroads or Mindful-U, LLC, their agents, successors, assigns, personal representatives, executors, heirs and employees (collectively “Katy Flatau, Infinite Crossroads or Mindful-U, LLC”) from every claim, suit, action, demand or right to compensation for damages you may claim to have or that you may have arising out of actions, omissions, or commissions taken by myself or as a result of the advice given by Katy Flatau or otherwise resulting from the coaching relationship contemplated hereunder. You further declare and represent that no promise, inducement or agreement not herein expressed has been made to you to enter into this release. This release shall bind my heirs, executors, personal representatives, successors, assigns, and agents.
Expiration and Refund Policies:
Private & group coaching sessions are valid for 3 months from the date of purchase. Workshop registrations expire the day of the specific workshop. No refunds will be offered for private coaching, group coaching, workshops, courses, programs, webinars or retreats. Exceptions to this policy will be specifically outlined for individual courses in the cancellation or refund policy for that course.
If S.O.S. sessions are included in your package, they are valid for the 4-week coaching cycle that they are associated with and expire after that 4-week time period. S.O.S. sessions do not roll over into the next 4-week coaching cycle.
Coaching sessions, packages or workshops must be paid for in full prior to the scheduled coaching session or at the time of the scheduled session (or first session of the package) or workshop. Katy Flatau, Infinite Crossroads or Mindful-U, LLC accept cash, personal checks, credit cards, PayPal and Venmo payments.
Scheduled coaching sessions must be canceled or rescheduled 12 hours in advance of the session to avoid a $50 cancellation penalty. Sessions missed but not canceled will be charged at the client’s full per session rate and will count against package totals. Sessions started late may not be able to go for the previously scheduled amount of time.
Please be on time for sessions and workshops. If you are going to be late, please let the coach know via phone call or email (text message notifications are an option if previously agreed upon with your coach). If you are more than 10 minutes late for a workshop, you may not be able to participate in that workshop.
If you are participating in phone coaching, it is the client who calls the coach at the agreed upon number at the start of their coaching session unless otherwise specified.
If you need to contact the coach between sessions, please email firstname.lastname@example.org or call 773-644-1713.
Please treat all areas of our building(s) with respect and courtesy. Keep common areas, including bathrooms, hallways and entryways clean. Do not linger in hallways and arrive/depart quietly.
Please treat all employees, clients, participants at workshops or any other persons affiliated with Katy Flatau, Infinite Crossroads or Mindful-U, LLC with courtesy and respect. Coaching can be an emotional process and it’s important that our space(s) be one(s) of trust and safety.
Katy Flatau, Infinite Crossroads or Mindful-U, LLC is not responsible for the loss or theft of items or valuables left unattended during coaching sessions, workshops or retreats.
All materials, worksheets or systems used during programs & workshops or during the coaching process are proprietary to Katy Flatau & Katy Flatau, Infinite Crossroads or Mindful-U, LLC. Please do not share, distribute, teach or post these materials in any form (including anywhere on the internet). If someone is interested in using these materials, please have them contact Katy Flatau directly at email@example.com
- Purpose. The purpose of this Agreement is to set forth the terms and conditions under which, among other things, MINDFUL-U will license to You use of certain of MINDFUL-U’s technology, software and/or services such you can make use of the Website and/or Application for purposes of (i) facilitating communications (including, by way of example, via blogs and one-on-one e-mail) within the coaching industry, (ii) identifying and/or posting information about coaching events and opportunities, (iii) submitting information to be considered as a participant in various workshops, retreats and coaching services described at the Website or within the Application, and/or (iv) accessing various other tools. References to “Website” shall mean the website currently located at www.mindful-u.com and references to “Application” shall mean any mobile application made available by MINDFUL-U either in the iTunes Store, within the Google Play store or any other similar store where mobile applications can be purchased and/or downloaded. MINDFUL-U’s services (the “Services“) are described within various pages of the Website and/or Application, as such Services may be modified or amended from time to time. You should review these pages to gain a better understanding of the Services and the goals behind the Website and/or Application. Access to the Website and/or Application for the purposes described above is sometimes reference to herein as the “Purpose“.
MINDFUL-U is not a travel agent, travel guide service or travel planner, and is not affiliated with any governmental and/or non-governmental organizations that make workshop and retreat opportunities available from time to time. MINDFUL-U does not directly or indirectly provide any products or services other than making the Website and Application available. MINDFUL-U does not endorse or recommend the products or services of any particular organization. MINDFUL-U does not guaranty that any organization will provide the housing, food, programs and/or the general experience a participant may be seeking, even if any such organization has committed to provide any of the foregoing. MINDFUL-U cannot and does not guaranty that any country or location in which any workshop or retreat opportunity may be located is safe or will at all times be safe while any participant may be performing services within such country or location. It is solely incumbent upon each participant and/or organization to perform all necessary research, due diligence and/or background checks necessary to determine if a particular workshop or retreat is qualified or appropriate, as MINDFUL-U does not perform any such function. MINDFUL-U is not Your agent, nor is MINDFUL-U an agent for any of the companies which list products, opportunities and/or services at the Website or within the Application. MINDFUL-U’s services are administrative only. MINDFUL-U shall not be liable in any way for the performance of any service or any other action taken by any third party. MINDFUL-U does not have any control over any itinerary, and is not responsible for any cancelled or changed flights, cancelled or changed hotel reservations, cancelled or modified retreats or workshops and/or any other issues, damages, liabilities or injuries that may arise in connection with Your use of the Website, the Application, the Services and/or any travel planned or facilitated, in whole or in part, by use of any of the foregoing. You agree that MINDFUL-U shall not be liable for any damages or costs of any type arising out of or in any way connected with any relationship initiated or any information learned at the Website or via the Application. Users of the Website and/or Application are solely responsible for independently verifying the background, reputation, mission statement and credit-worthiness of those parties with whom they enter into, or with whom they prospectively will enter into, a transaction or engagement.
Further to your release above, in the event of any controversy or dispute regarding any transaction or engagement conducted through use of the Services, the Website or the Application (a “Dispute“), you hereby release MINDFUL-U, its affiliates and subsidiaries, and their respective directors, managers, officers, employees, agents, equity holders, co-branders, partners, successors and assigns (the “Released Parties“), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys’ fees, which you may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute. If you are a California resident, you hereby waive, to the extent permissible under applicable law, your rights under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
MINDFUL-U expressly reserves the right to discontinue, suspend or terminate the offering of one or all of its Services, and/or the Application, at any time.
- License. MINDFUL-U hereby grants You a non-transferable, non-exclusive, revocable, limited license to access and use MINDFUL-U’s software platform (the “Application”) as made available at the Website and/or via mobile application during the Term (as defined below) solely for the Purpose. MINDFUL-U may, from time to time, update or modify the Application, release new versions of the Application or create new modules related thereto, each of which may, at MINDFUL-U’s discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of Your rights hereunder including, without limitation, access to the Application or password-protected portions of the Website.
- Certain Restrictions. You shall not directly or indirectly copy or reproduce all or any part of the Application or the Website, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You shall use the Application and Website solely for its intended purposes and shall not use the Application or Website for the benefit of any third party except as specifically contemplated under this Agreement. You shall not use the Application or Website to post, transmit, convey, submit, distribute, store or destroy any content, photographs, descriptions, drawings, content, audio materials, text, messages or other information (collectively, “Posted Information“): (a) in violation of any applicable law, statute, ordinance or regulation; (b) in a manner that will infringe the intellectual property rights of others; (c) that is defamatory, obscene or trade libelous; (d) that contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) that is false, misleading or inaccurate in any way; (f) that is inappropriate or pornographic in any way; or (g) in violation of the any acceptable use policy or other policy posted at the Website or within the Application from time to time. You shall not violate or attempt to violate the security of the Application or the Website. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Application or Website, including, without limitation, any of the software comprising or in any way making up a part of the Application or Website. You shall defend and indemnify MINDFUL-U, at Your sole cost and expense, from and against any claims, damages, liabilities and/or expenses arising out of Your breach of any of Your obligations or representations set forth in this Section 3.
- Certain Responsibilities and Acknowledgments. You shall be solely responsible for: (i) all Posted Information you post at the Website and/or input into the Application; (ii) ensuring that all Posted Information is appropriate in tone and is accurate; (iii) complying with all applicable laws, rules and regulations at all times; and (iv) maintaining all passwords and access codes to the Application and/or Website, and refraining from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access the Application and/or Website. You acknowledge that once a message, content or any Posted Information is submitted or posted to the Website or the Application, You may not be able to withdraw or delete it.
- MINDFUL-U Rights. MINDFUL-U shall be entitled, at its sole discretion, to: (i) remove or cancel any Posted Information that MINDFUL-U deems to be offensive, illegal, inaccurate, contrary to any agreement or contract or inappropriate in any way, and MINDFUL-U shall not be liable to You or any other party on account of any such decision; (ii) review all Posted Information to ensure that it complies with all applicable rules and policies; or (iii) suspend, restrict and/or terminate, without notice of any kind, Your access to the Application or Your MINDFUL-U Website account for any reason. Notwithstanding the foregoing, MINDFUL-U shall not be required to review or monitor any Posted Information entered into the Application or otherwise posted by You at the Website, and You shall be solely responsible for the veracity and accuracy of all such data, content and information.
- Fees. Currently MINDFUL-U charges certain fees to workshop and retreat participants, a portion of which goes towards reimbursing organizations for food and shelter costs and a portion of which is retained by MINDFUL-U. Other fees may be charged by MINDFUL-U from time to time. Fees charged for the various products and/or services offered at the Website or through the Application are set forth in various locations throughout the Website, within the Application or in a separate document. In consideration for providing the Services, you agree to pay all such fees which are due and owing on account of the selections you have made at the Website, within the Application or through a MINDFUL-U representative (collectively, the “Fee“). Fees are payable as set forth in the applicable portion of the Website or Application, and you hereby agree to pay all costs and expenses incurred by MINDFUL-U (including attorneys’ fees) in collecting past due Fees. In addition, past due Fees shall accrue interest at the lesser of 15% per annum or the maximum rate allowed by law. By checking the “I Accept” box at the end of this Agreement, downloading the Application or otherwise using any Services, you hereby agree to pay all Fees due and owing to MINDFUL-U (and, if applicable, authorize MINDFUL-U to charge the credit card you have on file with MINDFUL-U for all Fees due and owing hereunder). All fees described herein (including, without limitation, the Fees) are non-refundable once paid, unless otherwise set forth within the Website or Application from time to time. MINDFUL-U shall post its cancellation policy within the Website and Application, and any attempt to cancel any project or program by any particpant shall at all times be subject to such policy, as it may be modified or updated from time to time.
- Term and Termination. This Agreement shall continue in full force until the earlier to occur of (i) either party providing written or electronic notice of termination to the other party (at which point You shall no longer be entitled to access non-public portions of the Website or use the Application or any Services), or (ii) MINDFUL-U electing, in its sole and absolute discretion, to terminate Your access to the Application or Website or any Services, with or without notice (the “Term”). Upon termination of this Agreement for any reason, You shall no longer be entitled to access or use the Application, any non-public portions of the Website and/or any Services. In addition to the foregoing, in the event that MINDFUL-U determines, in its sole and absolute discretion, that You have breached this Agreement, threatened to breach this Agreement, committed any fraud or deception, breached any MINDFUL-U policy in effect from time to time or otherwise failed to perform to the standards required of MINDFUL-U, MINDFUL-U shall be entitled, at its discretion and in addition to any other remedies it may have hereunder and/or at law, to terminate, cancel or suspend Your access to the Application and/or eliminate Your access to submit Posted Information within the Website or Application, in each of the foregoing cases at any time and for any period of time. MINDFUL-U shall not be responsible for the return of any Posted Information of any kind to You upon any termination of this Agreement or suspension of Your access to the Application or Website, including without limitation any information input into the Application or Website by You. Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of this Agreement shall survive any termination of this Agreement.
- Intellectual Property.
(a) General Ownership. All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on the other party. For purposes of clarity: (i) as between You and MINDFUL-U, You shall be deemed to be the sole owner of all Posted Information entered into the Application or otherwise posted by You; and (ii) MINDFUL-U is the sole owner of the name “Mindful-U”, as well as the Website, the Application, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from You to MINDFUL-U regarding the Application or the Website shall, upon submission to MINDFUL-U, be owned solely and exclusively by MINDFUL-U. In addition, MINDFUL-U shall be entitled to post feedback at the Website and within the Application (and/or allow others to do so), both positive and negative, regarding any user. You acknowledge and agree that the applicable supplier(s) of any third party software included within the Application shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein), subject to such suppliers’ license, if any, of such third party software to MINDFUL-U.
(b) Use of Posted Information. In exchange for Your use of the Website and/or the Application, You hereby grant to MINDFUL-U an unlimited, perpetual, irrevocable, fully-paid, transferable, assignable, sub-licensable, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, commercially exploit, repurpose, perform and display any and all Posted Information You post to the Website, submit to MINDFUL-U or post through the Application, alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees, in connection with MINDFUL-U performing the services described herein. You also irrevocably grant the users of the Application and/or the Website the right to access and review Your Posted Information in connection with their use of the Application and/or Website. Finally, You irrevocably waive, and cause to be waived, against MINDFUL-U and its users any claims and assertions of moral rights or attribution with respect to Your Posted Information. MINDFUL-U shall be entitled to display advertising and/or any other content at locations of its choosing within the Website and/or Application, including without limitation adjacent to Your Posted Information.
- Confidentiality; Non-Solicitation. You agree to treat as confidential all confidential information of MINDFUL-U, not to use such confidential information for any purpose other than to the limited extent necessary to use the Application or Website and not to disclose such confidential information to any third party except as may be reasonably required pursuant to this Agreement and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, You shall use at least the same degree of care which You use to prevent the disclosure of Your own confidential information of like importance to prevent the disclosure of confidential information disclosed by MINDFUL-U, provided, however, that in no event shall such degree of care be less than reasonable in light of general industry practice. In addition, during the Term and for a period of one year thereafter, You shall refrain from directly or indirectly soliciting, enticing, persuading or inducing any individual who is then, or has been within the 1-year period prior to the applicable date, an employee of MINDFUL-U to terminate employment with MINDFUL-U or to become employed by or enter into contractual relations with any other individual or entity.
(a) No Warranties. Except as explicitly set forth herein, neither MINDFUL-U, its affiliates, subsidiaries or any of any such party’s equity holders, directors, managers, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) that the Website or the Application will be error-free, (c) as to a minimum level of uptime for the Application or the Website, (d) as to the condition, utility or potential uses of any product listed at the Website and/or within the Application, (e) as to the accuracy or timeliness of any information posted within the Website or Application, (f) in respect of any workshop or retreat opportunity, or (g) as to the results that may be obtained by You by entering into this Agreement and/or using the Application, the Website or any Services. You agree and acknowledge that the Application and Website are licensed and/or provided hereunder on an “as is” basis. In addition, You hereby agree and acknowledge that: (i) MINDFUL-U shall not be responsible for any actions taken by any other party using the Application or Website or reviewing any of Your Posted Information; (ii) MINDFUL-U does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party; (iii) MINDFUL-U is not responsible for any other party’s compliance with applicable laws, rules or regulations (including, without limitation, any licensing requirements); (iv) MINDFUL-U’s services are administrative in nature and MINDFUL-U is not responsible for verifying the accuracy or veracity of any Posted Information; (v) MINDFUL-U shall not, under any set of circumstances, be responsible or liable for an content, text, photographs and/or other Posted Information, including any Posted Information which may violate applicable law and/or a third party’s intellectual property rights; and (vi) the Application and/or Website may not function properly or as intended at times.
(b) Unavailability of Website or Application. You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website and/or the Application. While it is MINDFUL-U’s objective to make the Website and Application accessible at all times, the Website and/or Application may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website or Application may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of MINDFUL-U, access to the Website and/or the Application may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, MINDFUL-U shall not be liable in any way for any delay in responding to an inquiry or question forwarded by You or the effects any delay or unavailability may have on You. YOU AGREE THAT MINDFUL-U SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND/OR APPLICATION AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE AND/OR APPLICATION.
- Limitation on Liability. MINDFUL-U SHALL NOT, UNDER ANY SET OF CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNATIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE APPLICATION OR WEBSITE, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN ADDITION, MINDFUL-U SHALL NOT BE RESPONSIBLE FOR LIABLE FOR ANY DAMAGES, COSTS, LIABILITIES, INJURIES OR DEATHS TO ANY PARTIPCANT OR ANY THIRD PARTY ARISING IN CONNECTION WITH ANY TRAVEL ORGANIZED, EITHER IN WHOLE OR IN PARTY, BY USE OF THE WEBSITE, THE APPLICATION AND/OR ANY SERVICES. IN ANY EVENT, MINDFUL-U’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING HEREUNDER OR RELATED HERETO SHALL NOT EXCEED $50.
- Force Majeure. MINDFUL-U shall not be liable to You for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
- General Terms. The following terms and conditions govern general use of the Website:
(a) You agree to abide by all restrictions displayed on the Website and/or within the Application, as and when they are updated from time to time, including, without limitation, the rules in this Section 15. MINDFUL-U reserves the right to remove any content You post to the Website or within the Application, block the sending of any inquiry or other content MINDFUL-U deems inappropriate in its sole discretion, and may terminate all access to the Website and/or Application at any time in its sole discretion for any or no reason. While MINDFUL-U reserves the right to monitor all postings and/or content posted at the Website and/or within the Application, it has no obligation to do so.
- Permitted Uses. You may use the Website only in good faith for the purposes described herein. You may download and print out portions of the content from the Website for non-commercial purposes provided that You follow the rules in this Agreement. You may not use the Website or Application to promote another business or commercial venture unless separately agreed with MINDFUL-U. You may not “scrape” any data or other information posted at the Website or within the Application.
- Except as expressly permitted under other provisions of this Agreement, You may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Website, the content or any information or materials retrieved from either of them, including, without limitation, graphics and logos, in whole or in part, for any purpose.
- Derivative Works. You may not create compilations or derivative works of the Website or the Application, the Website or Application content or any other materials from the Website or Application.
- You may not use the Website, Application, the Website and/or Application content or any other materials from the Website or Application in any manner that may infringe upon any copyright or other intellectual property right, proprietary right, or property right of MINDFUL-U or any third party.
- Information Distribution. You may not use the Website and/or Application or any communications service, chat room, message board, blog, forum, newsgroup, or other interactive service that may be available to You on or through the Website or Application to transmit, upload, post, distribute or facilitate distribution of, or otherwise make available any information or content, including text, communications, software, images, sounds, data or other information, that:
- is false;
- contains explicit or graphic descriptions or accounts of sexual acts, including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals;
iii. includes any inside information and/or proprietary or confidential information learned or disclosed under nondisclosure agreements;
- You are restricted from using under any law
- infringes upon the intellectual property rights of any third party;or
- contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functions of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any other party.
- Other Prohibited Uses. You may not use the Website or Application for any purpose that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or otherwise violates MINDFUL-U’s rules or policies; ii. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other classification protected by law;
iii. invades any person’s or entity’s privacy or other rights;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; v. misidentifies You or impersonates any person or entity, including, without limitation, any employee or representative of MINDFUL-U, or falsely states, implies, or otherwise misrepresents Your affiliation with a person or entity by, for example, pretending to be someone other than You or pretending to represent a company or organization that You are not affiliated with or authorized to represent; or
- could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.
- Others’ Personal Information. You may not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent.
- Harm to Minors. You may not take any action on the Website or within the Application or use the Website and/or Application content to harm minors in any way.
- You may not use the Website or Application or any Website or Application content in a manner that violates any state or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations.
(b) The Website, the Application and the Website and Application content contains and/or provides access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Website or Application (“Third Party Content”) that may include content You find to be offensive, indecent or objectionable. The third party from whom any such Third Party Content originates is solely responsible for it and MINDFUL-U assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, MINDFUL-U has no liability of any kind to You or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless MINDFUL-U expressly states in writing to the contrary, MINDFUL-U neither endorses nor adopts as its belief any such statements. MINDFUL-U may provide information in articles MINDFUL-U posts or links to through the Website only for educational and general informational purposes and not as professional advice. MINDFUL-U has made no attempt to verify any information contained in any such articles.
(c) As a convenience to You and other Website visitors, the Website may contain links to websites that are owned and operated by third parties that are not affiliated with MINDFUL-U. When You uses these links, You will leave the Website and MINDFUL-U will have no ability to protect Your interests. You visit linked websites at Your own risk and it is Your responsibility to take any protective measures to guard against viruses and other destructive elements. MINDFUL-U is not responsible for and, unless it expressly states otherwise in writing, makes no warranty or representation regarding and does not endorse any linked website or any service, product or information provided on or through the linked website.
If You believe that Your intellectual property or work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide MINDFUL-U’s Agent for Notice with the following information in English (Your “Notice“):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that You claim has been infringed;
- a description of where the material that You claim is infringing is located on the Website or within the Application;
- Your address, telephone number, and email address;
- 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;
- a statement by You, made under penalty of perjury, that the above information in Your Notice 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.
In some circumstances, in order to notify the individual or entity who or which provided the allegedly infringing content to which MINDFUL-U has disabled access, MINDFUL-U may forward a copy of a valid Notice including name and email address to such individual or entity. MINDFUL-U’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Mindful-U, LLC
4350 N Wolcott Avenue, #3
Chicago, Illinois 60613 USA
- Certain Additional Terms applicable to Retreat and Workshop Participants The following terms, in addition to all other terms and conditions set forth in this Agreement, shall be binding on each individual that elects to participant in any retreat or workshop through or arising out of the Website, Application and/or Services:
(a) You agree and acknowledge that travel to certain foreign countries and/or remote areas within any such country involves unavoidable and material risks and dangers, including, without limitation: (i) inadequate or faulty accommodations; (ii) poor infrastructure and/or roads; (iii) danger associated with hiking or following unmarked trails; (iv) lost, stolen or misplaced property; (v) altitude sickness; (vi) the possibility of strikes, demonstrations and/or war; (vii) acts of terrorism (including, without limitation, the risk of being taken hostage); (viii) dangers associated with riding in vehicles which may be old or otherwise would not meet most safety standards; (ix) illnesses occurring in remote areas or regions where there may not be adequate medical facilities or personnel or equipment available; (x) sickness that may occur on account of drinking unpurified water and/or various types of food; and (xi) general transportation failures. As such, you represent and warrant that you are aware of the foregoing risks, and acknowledge that you may, during the course of travel, become injured, become ill, die, have your property stolen and/or suffer various other maladies, none of which shall be the responsibility of Mindful-U or any of its equity holders, agents, managers or personnel. Participants may, at MINDFUL-U’s discretion, be required to sign a separate liability waiver in advance of participating in any retreat or workshop arranged, either in whole or in part, through the Website or Application.
(b) You acknowledge that retreats or workshops may, from time to time, be cancelled or modified, either in advance of You beginning to travel in connection with any such retreat or after such retreat has begun. MINDFUL-U is not responsible for any costs, expenses, damages or liabilities arising out of any such cancellation or modification. You should have contingency plans in place in the event of any such occurrence.
(c) MINDFUL-U does not provide insurance for any retreat or workshop participant, and as such, none of such parties will be covered under any insurance policy maintained by MINDFUL-U. You are solely responsible for procuring and maintaining adequate travel and/or medical insurance, which should include emergency evacuation coverage.
(d) MINDFUL-U may, at its discretion, provide or make available one or more lists of suggested immunizations and travel health tips based on various publicly available sources. MINDFUL-U is not, however, a hospital or medical facility and such advice is not provided by medical professionals. As such, you are solely responsible for working with your personal doctors and/or other medical professionals to determine the appropriate immunizations you may need for any workshop or retreat and to determine any other medical precautions you should take prior to and/or during any such travel.
(e) Unless MINDFUL-U agrees to cover one or more specified expenses in writing, you are solely responsible for all costs and expenses associated with a retreat, workshop or private coaching (including, without limitation, parking, transportation, airfare, hotels and/or travel gear). You agree and acknowledge that you may not be accepted or approved for various or any retreats, workshops or private coaching for any number of reasons, and MINDFUL-U will not be liable in connection with any such decision or rejection.
(f) You agree and acknowledge that it is your sole responsibility to ensure you are on time for any and all flights, and you shall be solely responsible for all costs and/or other damages caused by your missing any such flight. In addition, you are solely responsible for ensuring that you have a valid passport and all other travel documents necessary to travel to and within the applicable country for the duration of the anticipated retreat or workshop.
(g) While participating in any retreat or workshop, you agree to conduct yourself in an appropriate and professional manner at all times, which includes refraining from any illegal drug use and/or excessive alcohol consumption. It is your sole responsibility to research and adhere to all local customs and practices during your stay.
- Miscellaneous. Each party shall pay its own costs and expenses in connection with this Agreement and its activities hereunder. The rights and obligations of the parties under this Agreement shall be governed by the laws of the State of Illinois, without reference to conflict of law principles, and all disputes arising hereunder or in connection with this Agreement, the Website and/or the Application shall be resolved in the appropriate Federal or state court located solely and exclusively in Cook County, Illinois. You hereby consent to exclusive jurisdiction in Illinois, and agree not to raise any defense of forum non conviensor any similar defense. The relationship between the parties under this Agreement is that of independent contractors and neither shall be, nor represent itself to be, the joint venture, franchiser, franchisee, partner, agent, employee or representative of the other party for any purpose whatsoever. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, but shall not be assignable by You without MINDFUL-U’s prior written consent. If any provision of this Agreement is held to be unenforceable or invalid for any reason, or if any governmental agency rules that any portion of this Agreement is illegal or contrary to public policy, the remaining provisions, to the extent feasible, will continue in full force and effect with such unenforceable or invalid provision to be changed and interpreted to best accomplish its original intent and objectives.