Terms of Use
Thank you for visiting our website, www.MindBodySpirit.com (the “Site”). If you
want to use this Site, you MUST agree to conform to and be legally bound by these
Terms and Conditions of Use, as set forth below. Your use of the Site constitutes
your EXPRESS ACCEPTANCE of and agreement to abide by these Terms and
Conditions of Use. IF YOU DISAGREE WITH ANY OF THESE TERMS
AND CONDITIONS OF USE, DO NOT USE THE SITE!
1. MINORS
We do not provide services or sell products to children. If you are below the age of 18, you
may use our website only with the permission and active involvement of a parent or legal
guardian. If you are a minor, please do not provide us or other website visitors with any
personal information.
2. PRIVACY POLICY IS PART OF THE TERMS AND CONDITIONS
Our Privacy Policy is part of, and subject to, these Terms and Conditions of Use. You may
view our Privacy Policy on this website.
3. ANTI-SPAM POLICY IS PART OF THE TERMS AND CONDITIONS
Our Anti-Spam Policy is part of, and subject to, these Terms and Conditions of Use. You
may view our Anti-SPAM Policy on this website.
4. MODIFICATIONS AND TERMINATIONS
These Terms and Conditions of Use may change from time to time. If such changes are
made, they will be effective immediately, and we will notify you by a notice posted on our
website’s home page of the changes that have been made. If you disagree with the changes
that have been made, you should not use our website.
We may terminate these Terms and Conditions of Use for any reason and at any time
without notice to you.
If you are concerned about these Terms and Conditions of Use, you should read them each
time before you visit and use the Site. Any questions or concerns should be brought to our
attention by sending an e-mail to our Site support at support@MindBodySpirit.com and
providing us with specific information relating to your concern.
5. LICENSEEE STATUS
You understand and agree that your use of the Site is limited and non-exclusive as a
revocable licensee. We may terminate your license to use and/or access the Site for any
reason and without providing you any notice of such license termination. You have no
legal or equitable interest or right in the Site or your ability to access and/or view the Site,
or any portion(s) thereof.
6. CONTENT OWNERSHIP
All content on the Site (the “Content”) is owned by Owner or its content provider(s) (the
“Content Provider(s)”). On behalf of the Owner and its Content Providers, we claim any
and all property rights, including intellectual property rights, for the Content and you are
not allowed to infringe upon those rights. The Owner and/or its Content Providers will
prosecute to the fullest extent of the law anyone who attempts to steal any of our Content.
The foregoing prohibition does not include the temporary downloading and caching into
memory (RAM) or temporary system file storage of the various files comprising this Site on
a personal computer for the explicit purpose of viewing this Site ONLY. In addition, the
foregoing prohibition does not include the downloading and reproduction of information
and/or other materials expressly allowed for downloading and reproduction, with said
permission being expressly, unambiguously and conspicuously indicated on the Site as
such.
You agree not to copy any Content from the Site without our express written permission.
Any requests to use our Content should be submitted to the Owner at:
support@MindBodySpirit.com.
If you believe that your intellectual property rights have been infringed upon by any Site
Content, please notify the Owner by sending an e-mail to:
support@MindBodySpirit.com.
Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
7. DISCLAIMERS AND LIMITATIONS OF LIABILITY
The information and/or Content on the Site is provided on an “as is” and “as available”
basis. In addition, you expressly agree that the information and Content on the Site is for
INFORMATIONAL PURPOSES ONLY and you further agree that your use of the Site and
any information and/or Content therein, is at YOUR SOLE AND EXCLUSIVE RISK. We
expressly disclaim any and all warranties of any kind whatsoever, including, but not limited
to, any express warranties, statutory warranties, and any implied warranties of
merchantability or fitness for a particular purpose, and non-infringement. We do not
warrant that the Site will always be available, that access will be uninterrupted or be error-
free, that the Site will meet your requirements, or that any defects in the Site will be
corrected.
Information on the Site should not necessarily be relied upon and should not to be construed
to be professional advice from us. We do not guarantee the accuracy or completeness of
any of the information provided, and neither the Owner, the Site and/or any Content
Provider and/or any affiliate associated with the Site (the “Site Affiliate(s)”) are responsible
for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to
you. As such, by accessing the Site and expressly agreeing to these Terms and Conditions
of Use, you expressly acknowledge and agree that your SOLE AND EXCLUSIVE
REMEDY relating to your use of the Site shall be to discontinue accessing and/or using the
8. OBSCENE AND OFFENSIVE CONTENT
We are not responsible for any obscene or offensive content that you receive or view from
others while accessing and/or using the Site. However, if you do receive or view such
content, please contact us immediately by e-mail to support@MindBodySpirit.com so that
we may investigate the matter. Although we are not obligated to do so, we reserve the right
to monitor, investigate and remove obscene or offensive material posted to the Site at our
sole and exclusive discretion.
9. INDEMNIFICATION
By accessing and/or reviewing the Site and agreeing to these Terms and Conditions of Use,
you understand, acknowledge and agree that you will indemnify, defend and hold harmless
the Owner, the Site, the Content Provider(s) and/or the Site Affiliates from any and all
liability, loss, claim and expense, including reasonable attorney’s fees, arising from your
use of the Site and/or your violation of these Terms and Conditions of Use.
10. COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLTUION
You agree to obey all applicable laws while using the Site.
You agree that the laws of the State of Florida govern these Terms and Conditions of
Use without regard to conflicts of laws provisions.
You also agree that any dispute between you and us, excluding any intellectual property
right infringement claims we pursue against you, shall be settled solely by confidential
binding arbitration per the American Arbitration Association commercial arbitration rules.
All claims must arbitrated on an individual basis, and cannot be consolidated in any
arbitration with any claim or controversy of anyone else. All arbitration must occur in
Orange County , Florida, United States of America. Each party shall bear one half of
the arbitration fees and costs incurred and each party is responsible for its own lawyer fees.
11. SEVERABILITY OF THESE TERMS AND CONDITIONS
If any part of these Terms and Conditions of Use are determined by a court of competent
jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the
minimum extent necessary so that the remainder of these Terms and Conditions of Use are
fully enforceable and legally binding.
12. HOW TO CONTACT US
Any questions or concerns about these terms and conditions of use should be brought to our
attention by e-mail to support@MindBodySpirit.com and by providing us with the
specific information relative to your concern.
13. ENTIRE AGREEMENT
These Terms and Conditions of Use, including the Policies incorporated herein by express
reference, constitute your entire agreement with us with respect to your use of and access
to the Site and the Content and/or other information thereon.
BY USING THIS WEBSITE, YOU ACCEPT THESE TERMS.
These terms and conditions were last updated on 6-21-10.
