By accessing or using the Services in any manner, including but not limited to visiting or browsing MindBody Parents’ website or contributing content or other materials to MindBody Parents’ platform, you agree to be bound by these Terms.
PLEASE NOTE THAT MINDBODY PARENTS IS AN ONLINE COMMUNITY AND RESOURCE PLATFORM FOR INDIVIDUALS LIVING WITH CHRONIC PAIN. THE SERVICES, AND ALL CONTENT AND INFORMATION ON OR THROUGH THE SERVICES, ARE FOR INFORMATIONAL PURPOSES ONLY. MindBody Parents DOES NOT PROVIDE MEDICAL SERVICES, AND MindBody Parents IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. MindBody Parents AND ITS MODERATORS ARE NOT PROFESSIONALLY TRAINED EXPERTS, AND THEY CANNOT PROVIDE MEDICAL ADVICE. IF YOU ARE EXPERIENCING AN EMERGENCY, PLEASE CALL 911.
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTION 20 BELOW.
IF YOU PURCHASE A SUBSCRIPTION TO ANY ASPECT OF MindBody Parents' SERVICES, YOUR SUBSCRIPTION IS SUBJECT TO THE AUTOMATIC RENEWAL TERMS SET FORTH IN SECTION 9.3.
MindBody Parents reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.
The Services are intended solely for persons who are at least 18 years old. By using the Services you represent and warrant that you are at least 18 years old. If you are not 18 or older, you may not use the Services.
5. Explanation of Service and Relevant Definitions
MindBody Parents is a platform providing education, resources, and motivation for individuals living with chronic pain. While some of our Services are accessible to all visitors to our platform, you will need to register for an account in order to participate in our formal educational program (the “Educational Program”), participate in interactive meetings with MindBody Parents moderators and other users (the “Live Discussions”), or post about your experiences in our “Community Forum” with other users. If you enroll in MindBody Parents' Educational Program, you will have access to weekly lesson plans and resources.
6. Acceptable Use
MindBody Parents hereby grants you permission to use the Services and, if you are a registered user, permission to access and use those aspects of the Services that are offered to registered users, provided such use is in compliance with these Terms, and you further specifically agree that you use will adhere to the following restrictions and obligations:
a. You may only use the Services for personal use. You may not transfer your access to others or allow others to access the Services through your own access.
b. You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations. In addition, you may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
c. You may not interfere with or damage the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-service attacks, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology.
d. You shall not copy, rip, or capture any content encountered on the Services. This includes bulk copying or "scraping" any portion of the website content using a bot or other tool.
e. You may not use the Services to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers.
f. You may not use the Services to upload, transmit, or promote any material that infringes or violates the intellectual property rights or any other rights of anyone else.
g. You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
h. You must follow the MindBody Parents Community Guidelines, as they may be amended from time to time.
7. User Accounts
You must register on this Site in order to use certain of the Site functions, such as our Educational Program and the Community Forum. If you just want to browse the Site, registration is optional. In some cases, we may make certain content available if you provide requested information, such as your email address. You can select any username you like for your account, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. You may select a profile picture to be associated with your account. You can select any picture you like for your account, except that the picture cannot be (i) an impersonation of another person, or (ii) a picture for which you do not own the rights.
If you would like us to terminate your account, please contact us at email@example.com. Upon receipt of your request, and except as set forth below, we will remove your account and your associated information from the Services within a reasonable time period. Please note that any information you have submitted to publicly accessible areas of the Services (such as the Community Forum) may not be removable. If we intend to remove your account, we will try to provide advance notice to you prior to our removal of your account so that you are able to retrieve any important User Content (defined below) you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of MindBody Parents.
You may not transfer your account to anyone else without our prior written permission.
8.1 MindBody Parents Content
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, and illustrations (all of the foregoing except User Content, the “MindBody Parents Content”), are protected by copyright and/or other intellectual property laws.
Further, you acknowledge that as between you and MindBody Parents, the Services and MindBody Parents Content, including all associated intellectual property rights, are the exclusive property of MindBody Parents.
Conditioned upon your compliance with these Terms, MindBody Parents grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the Services solely for your personal use and (ii) access, view, and (where technically possible) download any MindBody Parents Content to which you are permitted access. You have no right to sublicense the licensed rights granted in this section. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MindBody Parents or its licensors, except for the licenses and rights expressly granted in these Terms.
8.2 User Content
You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that you have all rights, licenses, consents and releases that are necessary to grant to MindBody Parents and other users the licenses above.
9.1 Payment and Billing Information
By providing a credit card or other payment method for the purchase of our Services, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we (or our third-party payment processor) encounter in order to proceed with your Order. You acknowledge that the amount billed may vary due to promotional offers, changes in the Services, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
9.2 Pricing and Availability
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. Products or services are subject to availability, and we reserve the right to cancel all or part of the Services and to discontinue making certain Services available without prior notice.
9.3 Automatic Renewal
IF YOU PURCHASE A SUBSCRIPTION TO ANY OF MINDBODY PARENTS' SERVICES, YOUR SUBSCRIPTION WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY YOU. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AFTER EACH TERM (WHETHER THAT IS A MONTHLY OR ANNUAL PLAN) FOR AN ADDITIONAL TERM OF EQUAL LENGTH. ALL SUBSCRIPTION FEES ARE BILLED AT THE BEGINNING OF EACH TERM. SOME SUBSCRIPTIONS MAY BE FREE OF CHARGE FOR A LIMITED PERIOD OF TIME, AS FURTHER EXPLAINED ON OUR WEBSITE, BUT YOU WILL BE CHARGED FOR THE SERVICES WHEN THE FREE PERIOD ENDS IN ACCORDANCE WITH THE SELECTED SUBSCRIPTION UPON REGISTRATION FOR THE FREE TRIAL.
IF YOU DO NOT WANT YOUR ACCOUNT TO RENEW AUTOMATICALLY, OR IF YOU WANT TO CHANGE OR TERMINATE YOUR SUBSCRIPTION, YOU CAN DO SO BY CLICKING HERE AND STATING THAT YOU WOULD LIKE TO CANCEL. IF YOU CANCEL YOUR SERVICES, YOU MAY USE YOUR SERVICES UNTIL THE END OF THE PAID-FOR MONTH OR YEAR AND YOUR SUBSCRIPTION WILL NOT BE RENEWED THEREAFTER.
If you enroll in the Educational Program, you can request a full refund during the first two weeks of the Educational Program. To qualify for a refund, you must complete all lessons available to you at the time of the refund request, including but not limited to completing interactive activities and watching videos. You cannot request a refund after the first two weeks of the Educational Program.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that MindBody Parents has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services.
11. Notices of Copyright Infringement
MindBody Parents respects copyright law and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/
legislation/dmca.pdf, MindBody Parents will respond to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.
If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the “Notice”):
i. the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;
ii. the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;
iii. your mailing address, telephone number, and, if available, email address;
iv. a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
v. a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
vi. your full legal name and your electronic or physical signature.
You may deliver this notice, with all items completed, to us, as follows:
Dynamic Pantry, LLC
30 N. Gould Street, Suite 3622
Sheridan, Wyoming, USA 82801
Upon receipt of the Notice as described above, MindBody Parents will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
MindBody Parents may immediately and without notice terminate these Terms and disable your access to the Services if MindBody Parents determines, in its sole discretion, that (a) you have materially breached these Terms; (b) you have violated applicable laws, regulations or third party rights; or (c) MindBody Parents believes, in good faith, that such action is needed to protect the safety or property of other users, MindBody Parents, or third parties.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
13. Third Party Content
By using the Services, MindBody Parents may provide you with access to third party websites, information, and services, including but not limited to content from other users and third party databases, networks, servers, software, programs, systems, directories, applications, or products. One such example is our third party payment processor. You hereby acknowledge that MindBody Parents does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. Your use of those services is subject to their respective terms of service. MindBody Parents does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. MindBody Parents disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against MindBody Parents with respect to the content or operation of any such third-party websites and services.
14. Disclaimer of Warranties
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND MINDBODY PARENTS CONTENT ARE PROVIDED "AS IS," AND DYNAMIC PANTRY LLC D/B/A MindBody Parents, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. DYNAMIC PANTRY LLC D/B/A MindBody Parents, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
15. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MINDBODY PARENTS (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
MindBody Parents hereby expressly disclaims, and you hereby expressly release MindBody Parents from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to disputes, dealings, or interactions between you and any other users or third parties.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by MindBody Parents (a) via email (in each case to the address that you provide) or (b) by posting to the website.
17. No Waiver
The failure of MindBody Parents to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without MindBody ParentS‘ prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. MindBody Parents may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
20. Governing Law with Arbitration
These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Suffolk County, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Suffolk County, Massachusetts. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND MINDBODY PARENT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.
21. Entire Agreement
These Terms constitute the entire agreement between you and MindBody Parents regarding your use of the Services, and supersede all prior written or oral agreements.
22. Contact Us
If you have any questions about the Services, please do not hesitate to contact us at firstname.lastname@example.org