TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. By using our Website, you agree to these Terms and Conditions of Use (“Terms & Conditions”). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your registered member account or subscription with us.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE TIU’S PRODUCTS OR SERVICES.
1. Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use of the websites which are owned or operated by ATTENTION ARTS, LLC and Alan Klima, our affiliates (collectively, “we,” “us,” or “our”), including, without limitation, this website, www.meditationforest.com, and any other website that we may own or operate currently or in the future (collectively, our “Website”). For purposes of these Terms & Conditions, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, ATTENTION ARTS, LLC, including, without limitation, its subsidiaries.
2. Terms & Conditions – In General
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites.
From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.
All the Sites’ materials, including, without limitation, all GSS product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © ____-2016 ATTENTION ARTS, LLC. ALL RIGHTS RESERVED.
We are committed to protecting your privacy and security.
5. Community Standards and Conduct Guidelines
You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
ATTENTION ARTS, LLC may alter, adapt, or edit the Submissions and any further material created under these Terms and Conditions, and market and exploit it entirely at ATTENTION ARTS, LLC’s sole discretion. ATTENTION ARTS, LLC is not obliged to make any use of the Submissions or exercise any of the rights granted by these Terms and Conditions.
Users of the Websites must only post Submissions that are owned by, and features, themselves, and no other third parties.
7. Parental or Guardian Permission
Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THIS WEBSITE.
These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
9. Third Party Products and Services
You may order services, merchandise or other products through our Website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
10. Health and Mental Health Disclaimer
This Website provides meditation and information applications and content published over the Internet and is intended only to assist users in their pursuit of personal happiness. ATTENTION ARTS, LLC is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician or mental health professional consultation, evaluation, or treatment.
You are urged and advised to seek the advice of a physician or mental health professional before beginning any meditation or spiritual regimen. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors, or individuals with any type of mental health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of meditation or regimen.
All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. This information on this website has not been evaluated by the FDA and is not intended to treat, diagnose, cure or prevent any disease. We cannot and do not give you medical advice. You should seek prompt medical care for any specific health issues and consult your physician before purchasing any product(s). We do not recommend the self-management of health or mental health problems. Information obtained by using our services is not exhaustive and does not cover all diseases, ailments, physical conditions, mental health conditions, or their treatment.
If you are being treated for an illness, taking prescription medication, or following a therapeutic diet to treat a disease, it is especially important to show our programs to your physician. Any modifications made to these programs by your physician should be followed.
Our programs are designed for moderate training in meditation involving no excessive striving or forced effort.
11. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER ATTENTION ARTS, LLC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER ATTENTION ARTS, LLC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
12. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend ATTENTION ARTS, LLC and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
14. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or your use of the Sites shall be filed only in the Superior Court of Sacramento California, or the United States District Court for the Northern District of California, and except as stated herein you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions. Notwithstanding the above, any controversy or claim related to this Agreement shall be resolved exclusively by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”). The Act will apply even though this Agreement provides that it is governed by the laws of California.
The terms of this paragraph survive any termination of the Terms and Conditions.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only in the state or federal courts located in Sacramento County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
15. International Users
This Website is controlled, operated, and administered by ATTENTION ARTS, LLC from its offices within the United States of America. ATTENTION ARTS, LLC makes no representation that materials on the Website are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Website are illegal is prohibited. You may not use the Website or export the content or products in violation of U.S. export laws and regulations. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws.
Notwithstanding any of these Terms and Conditions, ATTENTION ARTS, LLC reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Website and to block or prevent future access to and use of the Website. You agree that ATTENTION ARTS, LLC shall not be liable for any termination of your use of or access to the Website.
17. Third Party Rights
Only you and ATTENTION ARTS, LLC shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and conditions.
18. Miscellaneous Terms
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. If you are a subscriber to one of our online subscription offerings or products, in the event of any conflict between these Terms & Conditions and the Subscription Agreement, the Subscription Agreement shall control. These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
As a reminder, by using information from or participating in activities described on this or any of our related websites, you automatically agree to assume full responsibility for all your actions and will be participating voluntarily at your own risk. You also agree that we are in no way liable for your actions or the actions of any others involved. ALWAYS make sure to check with your physician and mental health professional before starting any new program. Participating in physical activity involves the inherent risk of injury, including minor, major, or catastrophic, including death. By use of this Website, you voluntarily accept these risks and agree that ATTENTION ARTS, LLC, its officers, affiliates, directors, employees, volunteers, agents, and independent contractors will not be held liable for any personal, bodily, or mental injury, economic loss, or any damage incurred. NOTICE: ATTENTION ARTS, LLC & all associates are not medical professionals, nor should they be perceived as such, and are not medically supervised. Only your primary physician can diagnose any medical condition. Any medical advice and nutritional guidance is provided in good faith based on personal experience only. California state law does NOT confer authority to practice medicine or to undertake the diagnosis, prevention, treatment, or cure of any disease, pain, deformity, injury, or physical or mental condition and specifically does not authorize any person other than one who is a licensed health practitioner to state that any product might cure any disease, disorder, or condition.
19. Return Policy
All of our products are digital and are deemed “used” after download or opening. This unfortunately means we have a strict no refund policy in regards to dissatisfaction with any digital product, unless otherwise indicated at time of purchase. Please email [email protected] and we will do everything we can to ensure your complete satisfaction with your purchase.
The materials and content contained in this website, products, emails, messages, or consulting are for general education and information only and are not intended to be a substitute for professional medical or mental health advice, diagnosis or treatment. Users of this website should not rely exclusively on information provided in this website for their own health or mental health needs. All specific medical questions should be presented to your own health care provider. Meditation Forest, Alan Klima and Attention Arts LLC make no warranties or representations, express or implied, as to the accuracy or completeness, timeliness or usefulness of any opinions, advice, services or other information contained or referenced in this website. Meditation Forest, Alan Klima and Attention Arts LLC do not assume any risk for your use of this website. Users of this website should be aware that the materials and content contained in this website are only updated periodically; such materials or content may not contain the most recent information available. Meditation Forest, Alan Klima and Attention Arts LLC reserve the right to update or change information contained in this website at any time. Meditation Forest, Alan Klima and Attention Arts LLC are not responsible for information appearing at hyperlinks. In consideration for your use of and access to this website, you agree that in no event will Meditation Forest, Alan Klima and Attention Arts LLC or any other party involved in creating, producing or delivering this website or any site linked to this website, be liable to you in any manner whatsoever for any decision made or action or non-action taken by you in reliance upon the information provided through this website. All the information on this website (https://MeditationForest.com) is published in good faith and for general information purpose only. We do not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information on our website is strictly at your own risk and we will not be liable for any losses and damages in connection with the use of this website. From our website, you can visit other websites by following hyperlinks to these sites. While we strive to provide only links to useful and ethical websites, we have no control over the content and nature of these sites and the links to other websites do not imply a recommendation for all the content found on these sites. Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control.
Not all exercises or meditations are suitable for everyone. Please consult your physician and mental health professional before making any lifestyle, exercise or mental exercise change, such as meditation. The meditation education in this website are suggestions only. If you are unsure about potential reactions please consult your mental health professional and your physician.
This site was created by Meditation Forest, Alan Klima and Attention Arts LLC. Meditation Forest, Alan Klima and Attention Arts LLC & all associates are not medical or mental health professionals, nor should they be perceived as such, and are not medically supervised. Only your primary physician and mental health professional can diagnose any medical or mental health condition. Any guidance is provided in good faith based on personal experience and experience in educating others. All information herein is provided in good faith and is intended for healthy individuals with no medical or mental health conditions. The meditation routines and advice provided SHOULD NOT be attempted or followed by anyone who is not in good mental health or who has a history of mental health conditions, nor should one adjust their medication without fully consulting with your prescribing physician. This warning is not to be discounted. There are many medical professional alternatives out there for you if you have mental and emotional challenges. The user assumes all risks of injury in the use of any information provided: minor, major and catastrophic. Your participation is entirely voluntary and Meditation Forest, Alan Klima and Attention Arts LLC are in no way responsible for your actions or any adverse outcomes.
Meditation should always be performed without strain or strict effort. If at any time you feel distressed or you feel pain/discomfort, you should discontinue immediately and reconsider your use of this information and/or specific techniques in particular. The information provided on this website is intended to be used for educational purposes only. The advice the authors provide herein, is based on years of practical application, dealing with the needs of their own happiness as well as the needs of others. Any recommendations the authors may make to you must be discussed between you and your doctor(s).
ADDITIONAL TERMS AND CONDITIONS
The following terms and conditions govern all use of the Meditation Forest website and all content, services and products available at or through the website, including, but not limited to, Meditation Forest Forum Software, Meditation Forest Support Forums and ATTENTION ARTS LLC. The Website is owned and operated by ATTENTION ARTS LLC. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Meditation Forest’s Terms and Conditions and Community Guidelines, and procedures that may be published from time to time on this Site by Meditation Forest (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Meditation Forest, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
1. Your MeditationForest.com Account
If you create an account on MeditationForest.com, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Meditation Forest of any unauthorized uses of your account or any other breaches of security. Meditation Forest will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so Meditation Forest or otherwise.
3. User Content License
User contributions are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Without limiting any of those representations or warranties, Meditation Forest has the right (though not the obligation) to, in Meditation Forest’s sole discretion (i) refuse or remove any content that, in company_short_name’s reasonable opinion, violates any company_short_name policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Meditation Forest’s sole discretion. Meditation Forest will have no obligation to provide a refund of any amounts previously paid.
4. Payment and Renewal
Optional paid services or upgrades may be available on the Website. When utilizing an optional paid service or upgrade, you agree to pay Meditation Forest the monthly or annual subscription fees indicated. Payments will be charged on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable.
Unless you Meditation Forest before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time.
6. Responsibility of Website Visitors
Meditation Forest has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Meditation Forest does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Meditation Forest disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
7. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MeditationForest.com links, and that link to MeditationForest.com. MeditationForest does not have any control over those non-company_domain websites and webpages, and is not responsible for their contents or their use. By linking to a non-MeditationForest.com website or webpage, MeditationForest does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MeditationForest disclaims any responsibility for any harm resulting from your use of non-MeditationForest.com websites and webpages.
8. Copyright Infringement and DMCA Policy
As MeditationForest.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by company_domain violates your copyright, and if this website resides in the USA, you are encouraged to notify company_short_name in accordance with company_short_name’s Digital Millennium Copyright Act (“DMCA”) Policy. MeditationForest.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MeditationForest.com will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MeditationForest or others. In the case of such termination, MeditationForest.com will have no obligation to provide a refund of any amounts previously paid to MeditationForest.
9. Intellectual Property
This Agreement does not transfer from Meditation Forest to you any MeditationForest or ATTENTIONARTS LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MeditationForest. Meditation Forest, MeditationForest.com, the Meditation Forest logo, and all other trademarks, service marks, graphics and logos used in connection with company_domain, or the Website are trademarks or registered trademarks of company_short_name or company_short_name’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Meditation Forest or third-party trademarks.
MeditationForest.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. company_short_name may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
company_short_name may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MeditationForest.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Disclaimer of Warranties
The Website is provided “as is”. company_short_name and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither company_short_name nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
15. Limitation of Liability
In no event will MeditationForest.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to company_short_name under this agreement during the twelve (12) month period prior to the cause of action. company_short_name shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
16. General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the MeditationForest.com Terms of Agreement and Community Guidelines, with this Agreement and with all applicable laws and regulations.
You agree to indemnify and hold harmless company_short_name, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between MeditationForest.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MeditationForest.com, or by the posting by company_short_name of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sacramento County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sacramento California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MeditationForest.com and ATTENTION ARTS LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This document was last updated January 21, 2017.