Terms of Service
The following document outlines the terms of use of the Your Mindful Tribe website. Before using any of the Your Mindful Tribe services, we ask that you please read, understand, and agree to these terms. The column on the right provides a short explanation of the terms of use and is not legally binding.
Description of Service
Your Mindful Tribe, (“Your Mindful Tribe”, “we”, “us” or “our”) provides a platform via its website and apps (the “Site”) to a community of mindfulness practitioners (“users” or “you”) to engage in a variety of activities, including meditation (“Formal Practice”), group sharing, share opinions, and ideas (“Informal Practice”). The foregoing list of Services is not all-inclusive and additional free Services may be offered by us from time to time. The following are the terms of use (“Terms”) for using the Site and the Services.
In Other Words,
We develop a mindfulness community and provide free Mindfulness support. We might develop more free services in the future.
Acceptance of Terms
BY USING THE SERVICES, YOU ARE AGREEING, ON BEHALF OF YOURSELF AND THOSE YOU REPRESENT, TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AS WELL AS OUR PRIVACY POLICY AND ALL APPLICABLE LAWS. IF YOU, FOR YOURSELF OR ON BEHALF OF THOSE YOU REPRESENT, DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE YOUR USE OF THE SERVICES.
In Other Words,
By using Your Mindful Tribe, you agree to all the terms below.
Modification of Terms
Your Mindful Tribe reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, Your Mindful Tribe will notify you by posting an announcement on the Site. What constitutes a material change will be determined at Your Mindful Tribe’s sole discretion. You are responsible for reviewing and becoming familiar with any such modifications. Using any Service constitutes your acceptance of the Terms as modified.
In addition, when using particular features of the Services, you are subject to any posted guidelines, terms or rules applicable to such Services.
Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside of our control. Your Mindful Tribe reserves the right to suspend or discontinue the availability of the Site, any Service, and to remove any Content at any time at its sole discretion and without prior notice. Your Mindful Tribe may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for official medical needs, instead please seek medical or mental health care from a certified professional.
In Other Words,
If these terms change, we will notify you. As well, at times things can go wrong and the service may be interrupted. It’s unlikely, but sometimes things can go really wrong. Mindfulness is a great compliment to medical care, but should be used as a substitute.
User Conduct
All Content posted or otherwise submitted to the Site, and any comments, or other communications (“Communications”) is the sole responsibility of the member from which such Communications originate. You acknowledge and agree that you, and not Your Mindful Tribe, are entirely responsible for all Content that you post, or otherwise submit to the Site, including via messages exchanged through Your Mindful Tribe’s Facebook Group. Your Mindful Tribe does not control user submitted Content and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Site or the Facebook Group, you may be exposed to Content that is offensive or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Your Mindful Tribe. By way of example, and not as a limitation, you agree not to use the Services:
1) To abuse, harass, threaten, impersonate, or intimidate any person;
2) To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
3) To communicate with Your Mindful Tribe representatives or other users in an abusive or offensive manner;
4) For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
5) To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any Your Mindful Tribe user;
6) To create or transmit unwanted ‘spam’ to any person or any URL;
7) To post copyrighted Content that does not belong to you, unless you are providing appropriate attribution to the copyright owner and a link to the source of the Content;
8) With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
9) To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
10) To promote or sell Content of another person unless you are expressly authorized to do so; or
To report a suspected abuse of the Site or a breach of the Terms please send written notice to Your Mindful Tribe at email: hello@yourmindfultribe.org.
You are solely responsible for your interactions with other users of the Site. Your Mindful Tribe reserves the right, but has no obligation, to review disputes between you and other users. This includes the right to review messages exchanged through Your Mindful Tribe’s Facebook Group, based on any reports that Your Mindful Tribe receives alleging the violation of these Terms through the use of Your Mindful Tribe’s Facebook Group service, including without limitation, reports regarding alleged harassment, indecency, and offensive messages.
If the Services or Site are used in a manner that violates the Terms in any way, Your Mindful Tribe may at its sole discretion, but is not required to, suspend or terminate your account, disable your access to the Site and/or take any steps that it deems appropriate to address the situation.
In Other Words,
We ask that you follow our Guidelines and do not use our site or Facebook Group to harass people, send spam, etc. Be reasonable and responsible, don't do anything unkind, and you'll be fine.
Links
The Services may provide, or third parties may provide, links to other sites or resources. Because Your Mindful Tribe has no control over such sites and resources, you acknowledge and agree that Your Mindful Tribe is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Your Mindful Tribe 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 site or resource.
In Other Words,
Some people may post links; we are not responsible for those links.
Release and Indemnity
You hereby expressly and irrevocably release and forever discharge Your Mindful Tribe, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Your Mindful Tribe, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) any violation of any rights of a third party. Your Mindful Tribe reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
In Other Words,
We are not liable if something goes really wrong.
Trademarks
Your Mindful Tribe, YourMindfulTribe.com, and other Your Mindful Tribe graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress of Your Mindful Tribe. Your Mindful Tribe’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Your Mindful Tribe.
In Other Words,
Please respect our trademarks and brands.
Warranty Disclaimer
YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. Your Mindful Tribe EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Your Mindful Tribe DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.
Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER Your Mindful Tribe NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, AUTHORIZED DISTRIBUTORS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CLIENTS, OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. Your Mindful Tribe SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES.
YOU AND Your Mindful Tribe AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF Your Mindful Tribe AND ALL PARTIES TO ANY SUCH PROCEEDING.
Last updated: November 1, 2020