Last updated September 25, 2021

The following describes the Terms of Service for LivinMindful.com

Welcome to Livin’ Mindful, we thank you for taking the time to review the following terms and conditions for LivinMindful.com ((the “website” “site,” “platform”). The terms “we”, “us” and “our” refer to LivinMindful.com. We offer this website, including all information and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Livin’ Mindful offers products, services and information that is the opinion of the author. By visiting our site, placing orders and/or subscribing to the services offered by Livin’ Mindful, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including without limitation users who are browsers or subscribers. You may also be asked to click “I accept” at the appropriate place prior to completing a purchase order. If you do not click “I accept,” you may be unable to purchase or gain access to content. If you do not agree to the following terms, please discontinue the use of our products an/or services.

Acceptance of Terms and Changes

Please read these Terms of Service carefully before accessing or using our website. Any changes will be updated on this page so check back often. By using our Website or subscribing to our Services, you indicate your unconditional acceptance of the following Terms and Conditions

Scope of Service

Livin’ Mindful maintains this website as a service to the user community that visits the website subject to these Terms and Conditions. You are responsible for obtaining all supplies, equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may change, suspend, alter subscription pricing or discontinue this website or the services in whole or in part, at any time and for any reason, without notice or refund. The Website may also periodically become unavailable due to maintenance, malfunction or for other reasons.

Website Content

Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all products, information, text, images, videos, or other material accessible through the Website or Services, created by us.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

The content provided is protected under the United States and Foreign Copyrights. Copying, redistributing, exploiting, selling or publication of any content by you is strictly prohibited. Your use of this website does not grant you ownership rights to any content provided. You may not unlawfully download, duplicate, recreate any content for for use in a similar website or other use that violates the copyright of content available on LivinMindful.com.

Registration, Membership and Password

By registering your email as a non-member for purposes including, but not limited to, prize drawings and special offers, you agree to receive periodic emails. You may, however, unsubscribe at any time.

To begin a monthly subscription through Livin’ Mindful, you must register as a member on our Website. To register, you simply provide a valid email address and password to create your login profile. All information that you provide to Livin’ Mindful is subject to our Privacy Policy.

As a registered member of Livin’ Mindful, you agree to receive emails regarding special offers, promotions, surveys to help improve our website, any related information necessary to convey to members including, but not limited to, billing services completed by our secure third party and updates to our website relevant to conducting business.

When you complete our registration process you will create a password that will enable you to access our Platform. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree that Livin’ Mindful cannot and will not be liable for any loss arising from your failure to comply.

Monthly Subscription, Billing and Payments

All information that you provide when registering with Livin’ Mindful is subject to our Privacy Policy. The price of Services for monthly, annual and/or bi-annual subscriptions is payable, in full, in accordance with the term length of your choosing as stated above. The billing date is determined when the membership subscription payment is processed for the first time. For example, a customer billed on the 2^nd of the month will always be billed on the 2^nd of each month. Failure to cancel membership at least one day prior to the billing day will automatically be billed for monthly subscription until canceled. You will automatically be charged for your ongoing subscription through the secure third party, Stripe or PayPal. We are not responsible for member cancellations. Members can cancel, any time, through the ‘My Account’ Page under the ‘Member’ tab. For your convenience and continuous subscription benefits as an exclusive member, if your payment method reaches its expiration date and you do not edit your credit card information, you authorize continued billing of that credit card on file for two additional payment attempts, in addition to the initial payment attempt on the date due. Failure to process payment successfully will result in immediate termination of membership. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue membership services.

All payments for product orders and monthly membership services is completed through a third party payment service in lieu of directly processing your credit card information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service; the current version is attached as a link at

https://stripe.com/legal

https://www.paypal.com/sg/webapps/mpp/ua/useragreement-full

You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

Membership Cancellations (Cancellation Policy)

If you are not completely satisfied with your meditation membership through Livin’ Mindful you can cancel your membership and discontinue your payments at any time.

Cancellations may be completed from “My Account” under the “Member” tab from the main menu. All cancellations must be completed no later than the day before your billing date in order to successfully cancel before you are re-billed for the next month (or annually/bi-annually) with regards to your chosen term length selected when you initiated your membership plan. Cancellations can not be requested via email.

Membership cancellations occurring in the middle of a subscription period will be terminated on the final day of the customers subscription month. Members will have continued access through the end of the subscription month after cancellation. No full and/or partial refunds will be issued.

Refunds, Exchanges and/or Product Damage

At this time we do not accept returns or exchanges on any products. This includes, but is not limited to, the sale of candles and clothing. We are committed to providing excellent customer service so please contact us if there are any damages or you received an incorrect order within 7 days of receiving your package.

Indemnification 

You agree to indemnify, defend and hold harmless Livin’ Mindful, any affiliates and any service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Content Submitted by Users

Livin’ Mindful does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant Livin’ Mindful a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sub license such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Livin’ Mindful the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Livin’ Mindful will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

Monitoring

Content must be submitted for approval by Livin’ Mindful, prior to it being posting on the discussion forum, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum. You are solely responsible for the Content that you post to this Website.

Liability

We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website, such as the online discussion forum. While we do pre-screen content submitted for the discussion forum, we are acting as a passive conduit for such distribution and are not responsible for content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of the member discussion forum are those of the respective author(s) and not of Livin’ Mindful. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.

Accuracy

You may use this Website (but not subscribe to our Services) without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a service, event, or promotion on this Website or to use our Services, you agree that you will provide accurate, complete, and up to date information as appropriate.

Lobbying

Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by The Purple Palette, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.

Prohibited Uses

By accessing our Website, online discussion forum, or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or online discussion forum to:

• Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Smart Art Box.
• Use a name or language that Livin’ Mindful, in its sole discretion, deems offensive.
• Post defamatory statements.
• Post hateful or racially or ethnically objectionable Content.
• Post Content which infringes another’s copyright, trademark or trade secret.
• Post unsolicited advertising or unlawfully promote products or services.
• Harass, threaten or intentionally embarrass or cause distress to another person or entity.
• Impersonate another person.
• Promote or solicit other companies or businesses for individual gain.
• Exploit children under 18 years of age.
• Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
• Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
• Obtain unauthorized access to any computer system through the Website.
• Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
• Solicit personal information from children under 13 years of age.
• Violate any federal, state, local, or international law or regulation.
• Encourage conduct that would constitute a criminal or civil offense.

Failure to comply will result in termination of membership with no refunds issued and removal of content.

Copyright Infringement

If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.

Geographic Restrictions

The owner of the Website is based in the United States. We provide this Website for intended use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Class Action Waiver

By this Agreement, both you and we are waiving certain rights to litigate disputes in court. You and we both agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. If for any reason this arbitration clause is deemed inapplicable or invalid, or to the extent this arbitration clause allows for litigation of disputes in court, you and we both waive, to the fullest extent allowed by law, any right to pursue any claims on a class or consolidated basis or in a representative capacity.

Limitation of Liability

IN NO EVENT WILL THE COMPANY OR SERVICE PROVIDERS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, THE MEMBERSHIP PROGRAMS AVAILABLE THROUGH THE WEBSITE, ANY CONTENT ON THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU AGREE LIVIN’ MINDFUL TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO LIVIN’ MINDFUL IN THE THEN-PRIOR CALENDAR MONTH

Other Disclaimer

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE INFORMATION PROVIDED IS SUITABLE FOR YOUR USE. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE POSITIVE AFFECT OF INFORMATION USED FROM THIS WEBSITE. THIS WEBSITE IS NOT MEANT TO TREAT, CURE, ALLEVIATE OR OTHERWISE ANY TOPICS DESCRIBED BY LIVIN’ MINDFUL. PLEASE CONSULT WITH A MEDICAL PROFESSIONAL.

Under no circumstances will we be liable for any loss or damage caused by your use of this membership or your reliance on information in any Content on this Website.

Termination

We may terminate any user’s monthly subscription or access to our Website or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.

If you have an questions about these Terms and Conditions please contact us at

Support@LivinMindful.com