Terms of Service
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Terms of Service
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.mindfulstrength.ca website (the “Service”) operated by Mindful Strength Inc. (“us”, “we”, or “our”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an un authorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
All of our online store transactions are in $CAD, because we’re in Canada. Your Credit Card company will make the conversion to your local currency when they resolve the payment to your account. You can check the estimated exchange amount by visiting here: http://www.xe.com/currencyconverter/ and entering the specifics to find your exchange amount.”
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable. We may experience delays in updating information on the Service and in our advertising on other websites.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Mindful Strength Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Mindful Strength Inc.. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Mindful Strength Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links to Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Mindful Strength Inc.. Mindful Strength Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Mindful Strength Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You agree to indemnify, defend and hold harmless Mindful Strength Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands. These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation of Liability
Mindful Strength Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer and Non-Waiver of Rights
Mindful Strength Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Mindful Strength Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. If you breach any of these Terms and Mindful Strength Inc. chooses not to immediately act, or chooses not to act at all, Mindful Strength Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Mindful Strength Inc. does not waive any of its rights. Mindful Strength Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
A full refund (minus a $50 admin fee) will be issued for purchases made up to 30 days before the program start date.
A 50% refund (minus a $50 admin fee) will be issued for purchases made 30 days to one week before the program start date.
No refunds will be issued for cancellations made less than one week prior to the program start date.
Intensives and TT programs
Deposits paid are non refundable.
A full refund (minus a $100 admin fee) will be issued for purchases made up to 30 days before the program start date.
No refunds will be issued for cancellations made less than one week prior to the program start date.
Contact us for more information regarding cancellation due to family and other emergencies.
T-Shirts and Physical Items
Unless noted as final sale physical items are refundable within a 30 day period that they were purchased minus a 20% admin fee. The purchaser will be responsible for sending the item back, at which point a refund can be issued via credit card.
Once purchased, online courses are non-refundable. If you are unhappy within the first 30 days fo your purchase, please contact firstname.lastname@example.org so we can review your situation.
Updated Sept 22nd, 2017
AGREEMENT OF RELEASE AND WAIVER OF LIABILITY
1. In consideration of voluntarily participating in Mindful Strength methods and programming, the “Activity”, I agree and acknowledge that I am fully aware that participation in the Activity involve risks and I accept all the risks of participating, even if the risks are created by the carelessness, negligence or gross negligence of a Released Party (as defined below) or anyone else.
2. “Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, personal injury or death in connection with participation in the Activity. “Released Party” means Kathryn Bruni-Young/Mindful Strength or any of its affiliates, franchisees and their respective representatives, directors, officers, agents, employees or volunteer staff.
3. Please take responsibility for and respect your body. I agree and acknowledge that:
a. I am in proper physical condition to participate in the Activity, and am aware that participation could, in some circumstances, result in personal injury, exacerbate existing medical conditions, cause serious physical injury or death.
b. I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured.
c. I am aware that if the Activity occurs outdoors, the streets adjourning the area of the Activity could be open to regular vehicular traffic during the Activity and I will obey all traffic laws and regulations.
4. I accept full responsibility for any tool, product or technology loaned to me as part of participation in this Activity and commit to return the same in good working order.
5. I hereby, for myself and for my heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or claims I may have, now or in the future, against any Released Party, even if the Claims are based on the carelessness, negligence or gross negligence of a Released Party or anyone else. Without limiting the foregoing, I further release any recourses which I may now or hereafter have resulting from any decision of any Released Party.
6. I agree not to sue any Released Party for Claims, even if the Claims arise from the carelessness, negligence or gross negligence of any Released Party or anyone else. I agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.
7. I am aware that there is no obligation for any person to provide me with medical care during the Activity. I understand and acknowledge that:
a. there may be no aid stations available for the Activity.
b. if medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time the care is rendered.
8. I am aware that it is advisable to consult a physician prior to participating in the Activity. If I have consulted a physician, I have taken the physician’s advice.
9. I grant my permission to the Released Party and any transferee or licensee or any of them, to utilize any photographs, motion pictures, videotapes, recordings and other references or records of the Activity which may depict, record or refer to me for any purpose (“Likeness”), including commercial use by the released parties, their sponsors and their licensees. This permission is for use anywhere in the world and on the Internet and for an unlimited period of time. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of my Likeness and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use my Likeness.
10. No warranties or representations have been made to me about the Activity, which are not stated on this form. I understand and intend that this document act as the broadest and most inclusive assumption of risk, waiver, release of liability, agreement not to sue and indemnity.
11. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
12. I have fully read and understand this agreement. I am aware that by signing this agreement, I am waiving certain legal rights I or my heirs, next of kin, executors, administrators and assigns may have against the Released Party.
13. I hereby acknowledge that I may be required to use an automobile to travel to and from the Activity or as part of the Activity. I hereby acknowledge that I have the authority to use such automobile and that the automobile is fully insured for use in the Activity. I accept full responsibility for the automobile and that use of the automobile in the Activity will be at my own risk.
I also understand that:
• The scheduling and content of activities may be changed on occasion.
• I will notify instructors immediately of any pain and/or major discomfort felt during any activity.
• I am responsible for bringing my required equipment to every activity (where applicable).
I have read and understood this release and prior to signing it I am aware that by signing it I am waiving certain legal rights and I do sign it voluntarily.