Terms and Conditions

Last Updated: 12/7/2017

 

Acceptance of the Terms

The following terms and conditions, (these “Terms”) are entered into by and between you and Meditation Studio, LLC. (“Meditation Studio”, Company, “we”, “us” or ”our”).  These Terms govern your access to and use of our website, www.meditationstudioapp.com (the Site”) and your purchase or use of our application (“App”) along with any other services offered by us, whether through the Site or otherwise (collectively and together with the Site, the “Services”). 

Please read these Terms carefully. By accessing, browsing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference. If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services. 

 

Privacy Policy

Your use of, and participation in, certain Services offered by the Company is subject to the terms set forth in our privacy policy located at www.meditationstudioapp.com/privacy (the “Privacy Policy”). Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information.

 

Changes to the Terms of Use

We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. Any such changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.

 

Access to Services

By accessing the Services, you warrant that:

(i) You are legally capable of entering into binding contracts;

(ii) All registration information you submit is truthful and accurate;

(iii) You will maintain the accuracy of such information; and

(iv) Your use of the Services does not violate any applicable law or regulation.

We do not require any registration or accounts beyond the download or purchase of the subscription to access the Services. Meditation Studio users may access the Services in four ways:

(i) Free Trial: A free program which gives unlimited access to seven (7) days to the App.

(ii) Free Content: Various portions of the Services may be distributed free of charge to users. We reserve the right at any time, from time to time, in our sole discretion, to alter or remove these offerings of free content through the various third party service providers.

(iii) Pay Per Download: A pay-per-download app which gives access to all content including and beyond the Free Trial for a one-time fee. Content prices may change at any time.  You can purchase and download the App through the App marketplace providers including but not limited to, Google Play, in accordance with the respective Terms and Conditions. Please access the third party service providers to learn more about their payment processes and rules. Please note that if you purchase the App through the third parties, the sale is final, and we are not liable for the transaction and will not provide a refund. Your purchase will be subject to the third party’s applicable payment policy, which also may not provide for refunds.

(iv) Paid Subscription: A subscription fee-based program, which gives access to all content including and beyond the Free Trial. You can become a subscriber by purchasing a subscription to the Services through the App marketplace providers including but not limited to, the Apple iTunes Store, in accordance with the respective Terms and Conditions. Please access the third party service providers to learn more about their payment processes and rules. Please note that if you purchase a subscription through the third parties, the sale is final, and we are not liable for the transaction and will not provide a refund. Your purchase will be subject to the third party’s applicable payment policy, which also may not provide for refunds.

Meditation Studio offers monthly, quarterly and annual subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 days. Meditation Studio does not administer any independent payment services, employ any third party payment service providers or otherwise enter into any relationship with third party payment service providers. When purchasing the App, you will be solely transacting through third party service providers including, but not limited to, the Apple iTunes Store or Google Play. Meditation Studio is not liable for these transactions and any issues will be resolved between you and the respective third party service provider. Meditation Studio does not, at any point, collect or retain any user credit card or other payment method information. Please refer to the terms and conditions for the relevant third party service provider for further information on their payment processes and rules.

(i) Monthly Subscription: Our monthly subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that the third party service provider such as the Apple iTunes Store or Google Play is authorized to charge the same credit card as was used for the initial subscription fee or other payment method in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the payment method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the payment method you provided. Refunds cannot be claimed for any partial-month subscription period.

(ii) Quarterly and Annual Subscription: Quarterly and Annual subscriptions are paid for by and upfront one-off payment with automatic quarterly or annual renewals. You acknowledge and agree that the third party service provider such as the Apple iTunes Store or Google Play is authorized to charge the payment method used for (a) the initial quarterly or annual subscription fee at the rate secured at the time of purchase, and (b) the renewal subscription fee(s) at the effective rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the payment method you provided. Refunds cannot be claimed for any partial subscription period.

In the course of your use of the Services, third party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. Meditation Studio does not at any point receive or store any user credit card information.

Our obligation to provide the Services only comes into being when we take receipt of your order. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. You agree that you are not permitted to resell any Meditation Studio Services for commercial purposes.

 

Subscription Cancellations

If you purchase a subscription through the Apple iTunes Store, you may cancel automatic renewals of your subscription by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.

 

Subscription Pricing for Users Under Previous Non-Subscription Pricing Model

Users who have purchased the Services prior to the Subscription Pricing Model (“Initial Users”) will continue to enjoy the content that they have purchased at no additional charge. However, for new content and features created after the Subscription Pricing Model is implemented, Initial Users will be subject to the subscription plans, fees, and charges outlined in the Subscription section above.

 

Changing Subscription Fees and Charges

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We may also at any time and from time to time, in our sole discretion, change or remove the Free Trial offering or period or change or remove any of the pricing models in place.

 

Cancellations By Meditation Studio

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Services.

 

Eligibility; User Restrictions

We only permit individuals who are at least 18 years old, or the age of majority in your province, territory or country, and can form legally binding contracts with us to use the Services. Individuals under the age of 18, or the applicable age of majority (“Minor”) may utilize the Services only with the consent and support of a parent, legal guardian or other qualified adults. If you are a parent or guardian and you allow your Minor to use the Services, you agree to be bound by the Minor’s use of the Services and by these Terms. If you are under the age of 18 or the applicable age of majority and do not have the requisite parent or guardian consent, please do not attempt to access or use the Services.

You can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction, including the specific laws of your jurisdiction regarding the import, export, or re-export of the Services.

Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria. We may also suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.

 

Use of the Services; Restrictions on Use.

We may from time to time in our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services (including to registered users) or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion without notice.  Any such updates or changes will be deemed part of the Services and subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.

You may only use the Services as explicitly authorized and in compliance with any policies made available to you within the Services.  You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Services:

  • use the Services for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent;
  • express or imply that any statements you make are endorsed by Meditation Studio;
  • scrape the Services or using other automated or manual means to take our content without our express prior written consent;
  • modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read
  • take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
  • interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
  • bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
  • run any form of auto-responder or “spam” on the Services;
  • access or use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; or
  • otherwise take any action in violation of these Terms.

 

Internet

You also acknowledge and agree that your use of the Services requires Internet access and bandwidth and Company does not own or control all aspects through which the Services is provided and cannot guarantee the performance of such facilities, equipment and communications lines. The Internet is not a secure network and third parties may be able to intercept, accept, use or corrupt the information you transmit or receive over the Internet. We are not responsible for invalid, erroneous or corrupted data.

 

Links to Third Party Websites

We may provide links to third party websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

 

Intellectual Property

Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Services, including without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, (1) using the Services does not give you any ownership of any intellectual property rights in our Services or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property.  Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

In particular, audio or video content from Meditation Studio not explicitly indicated as downloadable may not be downloaded or copied from the Services. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

We grant you a limited license to access and make personal, non-commercial use of the Services. You must not access or use for any commercial purposes any part of the Site and App or any services or materials available through the Site and App. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.

To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us at support@meditationstudioapp.com.

 

Availability of Services

Although we aim to offer you the best service possible, we make no promise that Services will meet your requirements and we cannot guarantee that Services will be fault free. If a fault occurs in our Services, please report it to us at support@meditationstudioapp.com and we will review your complaint and, where we determine it appropriate to do so, correct the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable amount of time.

Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can.

 

Device Requirements

To enjoy Meditation Studio via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Site, and the Google, Apple and Amazon Alexa Skill marketplaces.

 

End User License

Subject to the terms of this license agreement (“License Agreement”), as set forth in this “End User License Section,” and these other Terms, and your payment of applicable subscription fees, Meditation Studio grants you a limited, non-exclusive, and nontransferable license to:

(a) download, install, and use the App for your personal, non-commercial use on mobile device(s) owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation and with Apple Media Services’ Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/us/terms.html); and

(b) access, stream, download, and use on such Mobile Device the Services made available in or otherwise accessible through the App, strictly in accordance with this License Agreement and the Terms applicable to Services.

(c) You shall not:

i. copy the App, except as expressly permitted by this license;

ii. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;

iii. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;

iv. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;

v. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or

vi. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or

vii. use the App in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems.

d) You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this License Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this License Agreement. Meditation Studio and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this License Agreement.

e) You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the App in any medium, including without limitation by any automated or non-automated “scraping”; (ii) deciphering, decompiling, disassembling, reverse engineering or otherwise attempting to derive any source code or underlying ideas or algorithms of any part of the App; (iii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc.; (iv) transmitting spam, chain letters, or other unsolicited email; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App; (vi) uploading invalid data, viruses, worms, or other software agents through the App; (vii) collecting or harvesting any personally identifiable information, including account names, from the App; (viii) using the App for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or creating a username that is vulgar or obscene (as determined in the Company’s sole discretion); (x) interfering with the proper working of the App; (xi) accessing any content on the App through any technology or means other than those provided or authorized by the App; or (xii) bypassing the measure we may use to prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein.

f) You acknowledge that when you download, install, or use the App, Meditation Studio may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. All information we collect through or in connection with this App is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

g) You may choose to or we may invite you to submit comments or ideas about the App, including without limitation about how to improve the App or our products (“Ideas”).  By submitting any Idea, you agree that your disclosure will not place Meditation Studio under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.  You further acknowledge that, by acceptance of your submission, Meditation Studio does not waive any rights to use similar or related ideas previously known to Meditation Studio, or developed by its employees, or obtained from sources other than you.

h) Meditation Studio may from time to time in its sole discretion develop and provide App 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 Meditation Studio has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

i. the App will automatically download and install all available Updates; or

ii. 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 App 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 App and be subject to all terms and conditions of this License Agreement.

 

Medical Disclaimer

You understand and agree that the Services and any other information you learn from the App are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional care. Not all activities described in the Services are suitable for everyone. In particular, people with existing mental health conditions should speak with their health care providers before starting a meditation practice. While there is third party evidence that meditation can assist in the prevention and recovery process for a wide array for illnesses, as well as in improving a wide array of performance and relationship issues, Meditation Studio makes no claims or guarantees that you will experience these effects from using the Services.

Do not use the Services while driving or performing other tasks that require attention or concentration. You understand and agree that you are solely responsible for your use of the Services. We assume no responsibility for injuries suffered while practicing these techniques. Any health information and links on the Services, whether provided by Meditation Studio or from third parties, is provided simply for your convenience. Content relating to medical information is not intended to be medical advice or instructions for medical diagnosis or treatment and no physician-patient relationship is, or is intended to be, created by the Services. Content is provided for informational purposes only, with no assurance that the content is true, correct, or accurate. If you have any concerns or questions about your health, consult with a physician or health care professional. No action should be taken, delayed, or deferred based on any content or information in the Services.

To the fullest extent permitted by law, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the services or the information contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

 

Digital Millennium Copyright Act

If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights.

If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following to our Designated Agent at Law Offices of Jonathan Kirsch, APC, 1880 Century Park East, Suite 515, Los Angeles, CA 90067:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • identification of works or materials being infringed;
  • identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
  • your contact information, including address, telephone number and, if available, e-mail address;
  • a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and
  • a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.

 

Third Party Materials and Content

You understand that Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”).  In consideration for Meditation Studio allowing you to use the Services, you agree that we, our affiliates, and third party partners may place advertising on the Services.

You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We expressly disclaim any responsibility for all aspects of the Third Party Materials and you further acknowledge and agree that Company 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 content, goods or services in connection with any Third Party Materials.

Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third party trademarks or content, which shall remain the property of their respective owners.

 

Warranty Disclaimers; Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY THE COMPANY OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

IN NO EVENT WHATSOEVER SHALL COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES OR FEATURE RELEVANT TO THE CLAIM, OR (2) US$500.00.

THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services or your use of any information obtained through use of the Services.

 

Governing Law

No matter where you’re located, the laws of the State of Colorado will govern these Terms and the relationship between you and the Company as if you signed these Terms in Colorado, without regard to Colorado state’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in Colorado for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.

 

Arbitration

At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

 

Severability

If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

 

Entire Agreement

These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.

 

Force Majeure

We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.

 

Assignment

You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

 

Waiver

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

 

Comments, Concerns and Complaints

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: support@meditationstudioapp.com.