This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, this “Agreement”). By accessing or using this Website in any manner, you agree to be bound by this Agreement. Please read this Agreement carefully. If you do not accept all of the terms and conditions of this Agreement, you are not authorized to use this Website. Be sure to return to this page periodically to review the most current version of this Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify this Agreement in accordance with the terms and conditions herein and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
USE OF THE WEBSITEAs a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a MindBodyAdvisor account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 13 years of age or older in order to register for an account and contribute to this Website and (iv) you possess the legal authority, and have properly obtained permission/consent from your legal representative (in case you are a minor child in your jurisdiction) to enter into this Agreement and to use this Website in accordance with all terms and conditions of this Agreement. MindBodyAdvisor does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Copying, transmission, reproduction, republication, posting or redistribution of the content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material) (the “Site Content”) or any portion thereof is strictly prohibited without the prior written permission of MindBodyAdvisor. To request permission, you may contact MindBodyAdvisor as follows:
Users of this Website will not incur any charges for using this Website in accordance with this Agreement. However, this Website contains links to third-party websites which are operated and owned by independent service providers or retailers. Such third-parties may charge a fee for use of certain content or services provided on their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where MindBodyAdvisor provides details of charges on this Website, such information is provided for convenience and information purposes only. MindBodyAdvisor in no way guarantees that this information is correct nor is it in anyway responsible for content or services provided on such third party websites.
PROHIBITED ACTIVITIESThe Site Content, as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(v) deep-link to any portion of this Website for any purpose without our express written permission;
(vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by MindBodyAdvisor in connection with this Website or the services except as permitted under applicable law.
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREASWe appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant MindBodyAdvisor and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that MindBodyAdvisor may choose to provide attribution of your comments or reviews at our discretion. You further grant MindBodyAdvisor the right to pursue at law any person or entity that violates your or MindBodyAdvisor's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
MindBodyAdvisor does not edit or control the User Messages posted to or distributed on this Website including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such User Messages. MindBodyAdvisor nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or Site Content.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews and experiences or other content, messages, materials or other items on this Website (“Interactive Areas”). If MindBodyAdvisor provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including MindBodyAdvisor;
- Unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters,” political campaigning, advertising, contests, raffles, or solicitations;
- Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, national identity numbers and credit card numbers.
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content or links to content that, in the sole judgment of MindBodyAdvisor, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose MindBodyAdvisor or its affiliates or its users to any harm or liability of any type.
MindBodyAdvisor takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is MindBodyAdvisor liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, MindBodyAdvisor is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although MindBodyAdvisor has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, MindBodyAdvisor reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on this Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content or Submissions, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content or Submissions, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content or Submissions by MindBodyAdvisor or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content or Submissions; and (d) you forever release MindBodyAdvisor, and its licensees, successors and assigns, from any claims that you could otherwise assert against MindBodyAdvisor by virtue of any such moral rights.
LIABILITY DISCLAIMERTHE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. MINDBODYADVISOR, DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF ANY PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF RETREATS, TEACHERS, GENERAL PRODUCT DESCRIPTIONS, ETC.).
MINDBODYADVISOR MAKES NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE OR ANY PORTION THEREOF FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY MINDBODYADVISOR. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MINDBODYADVISOR DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM MINDBODYADVISOR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW MINDBODYADVISOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
MINDBODYADVISOR ALSO EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE CONTENT.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT MINDBODYADVISOR'S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD; OR (III) WILFUL DEFAULT OR GROSS NEGLIGENCE (IV) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
SUBJECT TO THE FOREGOING, YOU USE THIS WEBSITE AT YOUR OWN RISK AND IN NO EVENT SHALL MINDBODYADVISOR (ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF MINDADVISOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER, DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of MindBodyAdvisor and its corporate affiliates, successors, and assigns.
INDEMNIFICATIONYou agree to defend and indemnify MindBodyAdvisor and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(i) your breach of this Agreement or the documents referenced herein;
(ii) your violation of any law or the rights of a third party; or
(iii) your use of this Website.
LINKS TO THIRD-PARTY SITESThis Website may contain hyperlinks to websites operated by parties other than MindBodyAdvisor. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on MindBodyAdvisor to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
COPYRIGHT AND TRADEMARK NOTICESAll contents of this Website are: ©2015 MindBodyAdvisor. All rights reserved. MindBodyAdvisor is not responsible for content on websites operated by parties other than MindBodyAdvisor. MINDBODYADVISOR, the lotus logo and all other product or service names or slogans displayed on this Website are registered and/or common law trademarks of MindBodyAdvisor and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MindBodyAdvisor or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of MindBodyAdvisor and may not be copied, imitated or used, in whole or in part, without the prior written permission of MindBodyAdvisor. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MindBodyAdvisor.
Notice and Take-Down Policy for illegal contentMindBodyAdvisor operates on a “notice and takedown” basis. If you have any complaints or objections to material or content including User Messages posted on this Website, or if you believe that material or content posted on this Website infringes a copyright that you hold, please contact us immediately by following our notice and takedown procedure. Click here to view our Notice and Takedown Procedure (link to be added). Once this procedure has been followed MindBodyAdvisor will make all reasonable endeavours to remove illegal content.
ModificationsMindBodyAdvisor may change, add or delete the terms and conditions of this Agreement or any portion thereof from time to time in its sole discretion where it deems it necessary and reasonable for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of this Website. Thereafter, you expressly agree to be bound by any such amended terms and conditions.
MindBodyAdvisor may change, suspend or discontinue any aspect of the MindBodyAdvisor service at any time, including availability of any feature, database or content. MindBodyAdvisor may also impose limits on certain features and services or restrict your access to all or parts of this Website or any other MindBodyAdvisor web site without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of this Agreement or of any law or regulation and where it decides to discontinue providing a service.
YOUR CONTINUED USE OF MINDBODYADVISOR NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.