Modified on February 20, 2018
BY USING THE WEBSITE AND/OR INSTALLING OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION.
(1) License Grant. Subject to the terms of this Agreement, HMI grants you a limited, royalty-free, non-exclusive, nontransferable and revocable license to:
(a) use the Website;
(b)download, install, and use the Application for your personal, non-commercial use on a single mobile or other device (including computer or tablet) owned or otherwise controlled by you ("Device") strictly in accordance with the Application's documentation; and
(c)access, stream, download, and use on such Device the products, services, features, functionality, and content accessible or hosted on the Website and made available in or otherwise accessible through the Application, strictly in accordance with this Agreement.
(2)License Restrictions. You shall not:
(a)copy the Application, except as expressly permitted by this license;
(b)modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c)reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d)remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e)rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
(f)remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
(g)Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
(h)Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
(i)Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
(j)Use any device, software or routine that interferes with the proper working of the Website;
(k)Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(l)Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; or
(m)Attack the Website via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website.
(3)Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Website and/or Application under this Agreement, or any other rights thereto other than to use the Website and/or Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. HMI and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Website and Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
(5)Updates. HMI may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that HMI has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:
(a)the Application will automatically download and install all available Updates; or
(b)you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
(6)Third-Party Materials. The Website and Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that HMI is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. HMI does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
(7)Term and Termination.
(a)The term of Agreement commences when you use the Website or install the Application and will continue in effect until terminated by you or HMI as set forth in this Section 7; provided, however, any termination of this Agreement shall not terminate this Agreement with respect to your use of the Website.
(b)You may terminate this Agreement by deleting the Application and all copies thereof from your Device.
(c)HMI may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d.i)all rights granted to you under this Agreement will also terminate; and
(d.ii)you must cease all use of the Application and delete all copies of the Application from your Device and account.
(e)Termination will not limit any of HMI's rights or remedies at law or in equity.
(8)Access; Your Account. HMI reserves the right to withdraw or amend the Website, and any service or material we provide on the Website, in HMI’s sole discretion without notice. HMI will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of this Agreement and comply with it.
You are responsible for any activity that occurs on your Website and/or Application account. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website and/or Application or portions of it using your user name, password or other security information unless otherwise expressly permitted by us. HMI is not liable for any damage, injury, or harm resulting from your failure to safeguard your password or access information or your device. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shares computer so that others are not able to view or record your password or other personal information.
By using the Website and/or Application, you agree that, in addition to exercising common sense:
You will not create more than one account for yourself.
You will not create another account if the HMI has already disabled your account, unless you have the HMI’s written permission to do so.
You will not buy, sell, rent, or lease access to your account, username, or a friend link without the HMI’s written permission.
You will not share your password.
You will not log in or attempt to access the Application through unauthorized third-party applications or clients.
If you think that someone has gained access to your account, please immediately reach firstname.lastname@example.org. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
(9)Disclaimer of Warranties. THE WEBSITE AND APPLICATION ARE PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HMI, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, HMI PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
(10)Medical Disclaimer. The HMI is not a health care or medical device provider, nor should any products offered on the Website and/or the Application, including, without limitation, any online and mobile meditation content (collectively, “Products”) be considered medical advice, diagnosis or treatment. Actual medical advice, diagnosis and treatment should be sought by you from your physician or other health care provider. The HMI makes no claims, representations or guarantees that the Products provide a therapeutic benefit. Any health information and links on the Products, whether provided by the HMI or by contract from outside providers, is provided simply for your convenience.
Any advice or other materials in the Products are intended for general information purposes only and are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. Any reliance by you on any information provided through the Products is solely at your own risk. The advice and other materials we make available 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 representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.
You should speak with your health care providers before starting any meditation practice if you have an existing physical or mental health condition or any concerns or questions about your physical or mental health.
(11)Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HMI OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE AND/OR APPLICATION OR FOR: (A) DEATH, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES PROVIDED BY THE WEBSITE AND/OR APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
(13)Export Regulation. The Website and/or Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Website and/or Application to, or make the Website and/or Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Website and/or Application available outside the US.
(14)Copyright Policy. The HMI takes claims of copyright infringement seriously. The HMI will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website and/or Application infringe your copyright, you may request removal of those materials (or access to them) from the Website and/or Application by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (“DMCA”) the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website and/or Application, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
[FIRST AND LAST NAME OF AGENT]
[PHYSICAL ADDRESS OF AGENT]
[TELEPHONE NUMBER OF AGENT]
[EMAIL ADDRESS OF AGENT FOR THIS PURPOSE]
If you fail to comply with all of the requirements of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website and/or Application is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
(15)Data Charges and Mobile Plans. You are responsible for any mobile charges that you may incur for using the Application, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Application.
(16)Reliance on Information Posted. Any information presented on or through the Website and/or Application is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Website and/or Application, or by anyone who may be informed of any of its contents. The Website and Application include content provided by third parties, including materials provided by other users, bloggers and third-party licensors and syndicators. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the HMI, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the HMI. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
(17)User Contributions. The Website and Application may contain message boards, chat rooms, personal pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website and/or Application. Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the HMI, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contribution.
(18)Online Purchases and Other Terms and Conditions. All purchases through the Website or other transactions for the sale of goods or services formed through the Website, as a result of visits made by you are governed by our terms of sale. Additional terms and conditions may also apply to specific portions, services or features of the Website.
(19)Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
(20)Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin in each case located in Dane County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
(21)Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
(23)Changes to Terms. This Agreement may be changed by the HMI from time to time and at any time without notice to you in the HMI’s sole discretion. All changes are effective immediately when we post them to the Website and Application and apply to all use of the Website and Application thereafter. You agree and accept that your continued use of the Website and/or Application following any such amendment will be deemed an acceptance of the amended Agreement. Please check this Agreement periodically so that you are aware of any changes, as they are binding on you.
(24)Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.