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At Your Own Risk
This site contains information about a number of Activities (Restorative Practice) that the User may contemplate and engage in. Any person participating in a Restorative Practice recognizes that there may be certain risks involved with such an Activity. Participant understands that the training may involve his/her/their body and emotions in a manner that might subject him/her/them to physical and/or emotional distress. He/she/they agree to accept such risks, and assume responsibility for emotional distress and/or other effects that might arise from his/her/their own interpretation of the process. He/she/they understands that the Activities contemplated herein are not intended to diagnose or treat a medical condition as such, intended as a medical treatment or substitute for medical treatment, or psychotherapy or a substitute for psychotherapy. He/she/they also understands that it is his/her/their responsibility to determine readiness and/or ability to engage in the Activities, to determine whether doing so is safe for him/her/them, and to choose not to participate if, in his/her/their estimation, participation is beyond his/her/their abilities.
You agree not to access or use the Content in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms, including in any manner that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others.
Your relationship with the provider of the Content is strictly that of an independent licensor and licensee. The Licensor is not involved in the any doctor-patient relationship and does not interfere, validate or control your treatment. You are always advised to exercise a high level of care and caution in the use of the Content as you would making any mental health or medical decision.
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The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Content or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Content; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Content to any third party.
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Limitations of Liability
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UNDER NO CIRCUMSTANCES SHALL LICENSOR OR ANY THIRD PARTY WHO PROMOTES THE CONTENT OR PROVIDES YOU WITH THE CONTENT, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE CONTENT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF LICENSOR OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Licensee shall indemnify, protect, defend and hold harmless the Licensor and its members, managers, agents, and associates (including Polyvagal Science, LLC; Stephen Porges; and Deb Dana; Lee Mun Wah; Stirfry Seminars, Inc.; John Stokes; The Tracking Project; Tiara Maldonaldo; Earl Simms; Rucha Chitnis; Eric Pankonin; Serife Wong; Doug Woodson; Katrin Welch; Ilarion Merculieff; Olimpia Moreno; Pexels.com; Shutterstock; Adobe Systems), from and against any and all claims, losses and/or damages, judgments, penalties, attorneys’ and consultants’ fees, expenses and/or liabilities arising out of, involving, or in connection with, the use of the Content by Licensee. If any action or proceeding is brought against Licensor by reason of any of the foregoing matters, Licensee shall upon notice defend the same at Licensee’s expense by counsel reasonably satisfactory to Licensor and Licensor shall cooperate with Licensee in such defense. Licensor need not have first paid any such claim in order to be defended or indemnified.
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Any dispute or claim relating in any way to your use of the Content will be resolved by binding confidential arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must interpret these Terms as a court would. It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Licensor and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights. The place of arbitration shall be Marin County, California.
These Terms are governed by applicable federal law and the laws of the State of California, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the courts in Marin County, California in the cases that arbitration is not successful or is assigned or appealed to a civil court. Licensor’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Licensor may be delivered by electronic mail to the email address provided during the purchase of the Content. These Terms constitute the entire agreement between Licensor and yourself regarding the Content, and supersede and replace any prior agreements you and Licensor might have regarding the Content. Licensor may revise these Terms from time to time without notice to you. By continuing to access or use Content after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read the terms periodically.
MASTER SUBSCRIPTION AGREEMENT
This Master Subscription Agreement (“Agreement”) is made and entered into on the date that you (the User) are reading (“Effective Date”), by and between Applied Mindfulness, Inc. (“AMI”), a corporation with its principal place of business at 124 Surrey Lane, San Rafael, CA 94903, and you (the User), an individual subscribing to the the Resetorativepractices.com website. AMI provides the Service and AMI is willing to permit Customer to access and use the Service, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
1.1 “Customer Data” means all data and information submitted or otherwise transmitted or delivered to the Service by Customer.
1.2 “Service” means the interactive platform and solution provided by AMI to Customer and related services.
1.3 “Service Term” means the subscription period(s) specified during which Users may use the Service.
1.4 “Support Services” means the support related to the Service to be provided by AMI, if applicable.
2.1 Use of the Services. Subject to the terms and conditions of this Agreement, AMI grants to Customer a limited, nontransferable, nonexclusive license, without the right to sublicense, to the Service for the Service Term, for Authorized Users to use the Service. You, the User, are the only authorized user permitted to use the service.
2.2 Security/Data Integrity. During the Service Term, AMI will maintain reasonable administrative, physical, and technical safeguards designed for the protection, confidentiality, and integrity of Customer Data at least as rigorous as the safeguards AMI employs to protect its own data. If AMI detects or becomes aware of any breaches of security or unauthorized access affecting Customer Data, AMI will promptly report such security breach or unauthorized access to Customer.
3. CUSTOMER OBLIGATIONS.
3.1 Restrictions. Customer will not attempt to interfere with or disrupt the Service or attempt to gain access to any systems or networks that connect to the Service (except as required to access and use the Service). Customer will not permit access to the Service by any third party. Customer will not: (a) copy, modify or distribute any portion of the Service; (b) rent, lease, or provide access to the Service on a time‑share or service bureau basis; (c) reverse engineer the Service; or (d) transfer any of Customer’s rights hereunder.
3.2 Acceptable Use Policies. Customer will use the Service exclusively for authorized and legal purposes, consistent with all applicable laws, regulations and the rights of others. Customer will keep confidential and not disclose to any third party any user identifications, account numbers, or account profiles.
3.3 Marketing. Customer will comply with reasonable requests of AMI to support public relations efforts pertaining to the Service, which efforts may include: (a) a press release highlighting Customer’s purchase or use of the Service; and (b) participation in customer case studies developed by AMI and used on the AMI websites and other collateral, provided however that AMI will not engage in any of the activities described in this Section without Customer’s prior written approval, which will be timely given and not unreasonably withheld.
3.4 Enforcement. AMI may suspend or terminate any user’s access to the Service upon notice to Customer in the event that AMI reasonably determines that such user has violated the terms and conditions of this Agreement or that such access is having a materially detrimental impact on AMI, Customer, any other AMI customer, or the public.
3.5 Personal Data. Customer acknowledges that Customer has exclusive control and responsibility for determining what data Customer submits to the Service and for obtaining all necessary consents and permissions for submission of User Data and processing instructions to AMI. With respect to personal data Customer submits to the Service, Customer is considered the “data controller” and AMI is considered the “data processor.” Customer submits sensitive information (including personal health information) to the Service at Customer’s own risk.
4. FEES; PAYMENT
4.1 Fees. Customer will pay all fees and charges to Customer’s account pursuant to appropriate level of subscription agreement. Amounts will be auto-debited from the User’s credit card on file at monthly intervals. Except as otherwise specified, (a) fees are quoted and payable in United States dollars, (b) fees are based on the Services purchased as indicated in a subscription agreement, (c) payment obligations are non-cancelable and fees paid are non-refundable unless otherwise provided herein.
4.2 Taxes. All fees are exclusive of all applicable taxes, levies, or duties, and Customer will be responsible for payment of all such taxes, levies, or duties, excluding taxes based solely on AMI’s income. Customer will pay all fees to free and clear of, and without reduction for, any VAT, GST, withholding, or similar taxes; any such taxes imposed on payments of fees will be Customer’s responsibility, and Customer will provide receipts issued by the appropriate taxing authority to AMI on request to establish that such taxes have been paid.
4.3 Effect of Nonpayment. This Agreement and Customer’s access to the Service may be suspended or terminated if Customer’s account falls into arrears. Suspension will not relieve Customer’s obligation to pay amounts due.
4.4 OWNERSHIP. As between AMI and Customer, the Service, and all intellectual property rights therein or relating thereto, are and will remain the exclusive property of AMI or its licensors. AMI reserves all rights not expressly granted in this Agreement. AMI acknowledges that, as between Customer and AMI, Customer owns all worldwide right, title and interest in and to all Customer Data and AMI will not obtain any ownership rights or interests in such data. Customer hereby grants to AMI a non‑exclusive license to use, reproduce, distribute copies of and make available the Customer Data only as is necessary to provide the Service.
5.1 Definition. “Confidential Information” means any business or technical information disclosed by one party to the other party that: (a) if disclosed in writing, is marked “confidential” or “proprietary” at the time of disclosure; (b) if disclosed orally, is identified as “confidential” or “proprietary” at the time of disclosure, and is summarized in a writing sent by the disclosing party to the receiving party within thirty (30) days after any such disclosure; or (c) under the circumstances, a person exercising reasonable business judgment would understand to be confidential or proprietary. For clarity, Customer Data is considered to be Confidential Information of Customer.
5.2 Exclusions. The obligations and restrictions set forth below will not apply to any information that: (a) is or becomes generally known to the public through no fault of or breach of this Agreement by the receiving party; (b) is rightfully known by the receiving party at the time of disclosure; (c) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or (d) the receiving party rightfully obtains from a third party who has the right to disclose such information without breach of any confidentiality obligation to the disclosing party.
5.3 Use and Nondisclosure. A receiving party will not use the disclosing party’s Confidential Information except as necessary for the performance or enforcement of this Agreement and will not disclose such Confidential Information to any third party except to those of its employees and subcontractors who have a bona fide need to know such Confidential Information for the performance or enforcement of this Agreement; provided that each such employee and subcontractor is bound by a written agreement that contains use and disclosure restrictions consistent with the terms set forth in this Section. Each receiving party will protect the disclosing party’s Confidential Information from unauthorized use and disclosure using efforts equivalent to or better than the efforts that the receiving party ordinarily uses with respect to its own confidential information and in no event less than a reasonable standard of care.
5.4 Permitted Disclosures. The provisions of this Section will not restrict either party from disclosing Confidential Information pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided that the party required to make such a disclosure gives reasonable notice to the other party to enable it to contest such order or requirement or limit the scope of such request. The party responding to such an order or requirement will only disclose that information that is expressly required.
6. WARRANTIES; DISCLAIMERS.
6.1 By Each Party. Each party represents and warrants that it has the power and authority to enter into this Agreement and that its respective provision and use of the Service is in compliance with laws applicable to such party.
6.2 By AMI:
6.2.1 No Viruses. AMI warrants and represents that the Service will be free from software viruses, worms, Trojan horses and other harmful computer code, files, scripts, or agents.
6.3 By Customer. Customer represents and warrants that Customer has the right to provide the Customer Data to AMI and otherwise process the Customer Data through the Service in connection with this Agreement, that Customer’s instructions for use of Customer Data in the Service do not and will not violate the terms or conditions of this Agreement or applicable law, and that Customer Data does not and will not infringe or misappropriate any third party’s copyright, trademark, trade secret, or privacy rights.
6.4 WARRANTY DISCLAIMERS. EXCEPT AS EXPRESSLY WARRANTED ABOVE, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND THE SERVICES AND ARE PROVIDED “AS IS.” THE FOREGOING WARRANTIES DO NOT APPLY TO ANY SERVICES PROVIDED ON A FREE OR EVALUATION BASIS, WHICH ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. AMI DISCLAIMS ALL LIABILITY RELATED TO DELAYS, DELIVERY FAILURES, INTERCEPTION, ALTERATION OR OTHER DAMAGE RESULTING FROM PROBLEMS INHERENT IN THE USE OF THE INTERNET, MOBILE AND PERSONAL COMPUTING DEVICES, AND TRANSMISSION OF ELECTRONIC COMMUNICATIONS OVER THE INTERNET OR OTHER NETWORKS OUTSIDE OF ITS CONTROL.
7.1 Infringement Indemnity by AMI. AMI will defend any suit or action brought against Customer to the extent that it is based upon a third party claim that the Service, as provided by AMI to Customer pursuant to this Agreement, infringes any patent, copyright, trade secret, or other intellectual property right of any third party, and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim, including any award in final judgment against or paid in settlement by Customer. AMI’s obligations under this Section are contingent upon: (a) Customer providing AMI with prompt written notice of such claim; (b) Customer providing reasonable cooperation to AMI, at AMI’s expense, in the defense and settlement of such claim; and (c) AMI having sole authority to defend or settle such claim. THE PROVISIONS OF THIS SECTION FORTH AMI’S SOLE AND EXCLUSIVE OBLIGATIONS, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OF ANY KIND.
7.2 Infringement Indemnity by Customer. Customer will defend any suit or action brought against AMI to the extent that it is based upon a third party claim that Customer Data, as provided by Customer to AMI pursuant to this Agreement, infringes any patent, copyright, trade secret, or other intellectual property right of any third party, and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim, including any award in final judgment against or paid in settlement by Customer. Customer’s obligations under this Section are contingent upon: (a) AMI providing Customer with prompt written notice of such claim; (b) AMI providing reasonable cooperation to Customer, at Customer’s expense, in the defense and settlement of such claim; and (c) Customer having sole authority to defend or settle such claim. THE PROVISIONS OF THIS SECTION SET FORTH CUSTOMER’S SOLE AND EXCLUSIVE OBLIGATIONS, AND AMI’S SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OF ANY KIND.
8. TERM AND TERMINATION.
8.1 Term and Termination. This Agreement is effective on a monthly subscription basis.
8.2 Rights and Obligations Upon Expiration or Termination. Upon expiration or termination of a subscription agreement, Customer’s right to access and use the Service will immediately terminate, Customer will immediately cease all use of the Service, and each party will return and make no further use of any Confidential Information, materials, or other items (and all copies thereof) belonging to the other party. AMI may destroy or otherwise dispose of any Customer Data in its possession unless AMI receives, no later than 10 days after the effective date of the expiration or termination of this Agreement, a written request that AMI continue to allow Customer access to Customer Data within the Service for a period of up to 30 days. Upon such request, AMI will use reasonable efforts to permit such access.
8.3 Survival. The rights and obligations of AMI and Customer contained in Sections 1 (Definitions), 4 (Fees), 5 (Confidentiality), but only with respect to Confidential Information disclosed during the Service Term, 6.4 (Disclaimer), 8.2 (Rights and Obligations Upon Expiration or Termination), 9 (Limitation of Liability), and 10 (General) survive any expiration or termination of this Agreement.
9. LIMITATION OF LIABILITY. IN NO EVENT WILL AMI BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSS, WHETHER OR NOT AMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT WILL AMI’S AGGREGATE LIABILITY TO CUSTOMER, OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER’S ACCESS TO AND USE OF THE SERVICES EXCEED THE AMOUNTS PAID BY CUSTOMER TO AMI IN THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
10.1 Governing Law. This Agreement and all matters arising out of or relating to this Agreement will be governed by the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding relating to this Agreement will be brought exclusively in the state or federal courts located in the Northern District of California. AMI and Customer hereby agree to submit to the jurisdiction of, and agree that venue is proper in, those courts in any such legal action or proceeding.
10.2 Waiver; Severability. The waiver by either party of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach. In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
10.3 Notices. All notices, including notices of address change, required to be sent hereunder will be in writing and will be sent to the addresses set forth above or delivered in person. The notices will be deemed to have been given upon: (a) the date actually delivered in person; (b) the day after the date sent by overnight courier; or (c) three (3) days following the date such notice was mailed by first class mail. Notices may be confirmed by email or fax.
10.4 Force Majeure. Neither party will be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of events beyond the reasonable control of such party, which may include without limitation denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes and material shortages (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the non-performing party will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues and such party continues to use commercially reasonable efforts to resume performance.
10.5 Compliance with Laws. Each party agrees to comply with all applicable laws and regulations with respect to its activities hereunder, including, but not limited to, any export laws and regulations of the United States.
10.6 Relationship Between the Parties. Nothing in this Agreement will be construed to create a partnership, joint venture or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other’s behalf without such other party’s prior written consent.
10.7 Assignment. Customer may not assign or transfer this Agreement, in whole or in part, without AMI’s prior written consent. AMI may freely assign or transfer this Agreement by operation of law or otherwise. Any attempted assignment or transfer in violation of this Section will be null and void. Subject to the foregoing restrictions, this Agreement will inure to the benefit of the successors and permitted assigns of the parties.
10.8 Entire Agreement. This Agreement, including the Schedules, constitutes the complete and exclusive agreement between the parties concerning its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter of this Agreement.
10.9 Counterparts; Headings. This Agreement may be executed in counterparts, each of will constitute an original, and all of which will constitute one and the same instrument. The headings in this Agreement are for the convenience of reference only and have no legal effect.
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