Terms and Conditions – QUIET MIND
1. Acceptance of Terms
2. Changed Terms
QUIET MIND shall have the right at any time to change or modify the Terms of Service applicable to Your use of this Site, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to posting on this Site, or by electronic or conventional mail, or by any other means by which You obtain notice thereto. Any use of this Site by You after such notice shall be deemed to constitute acceptance by You of such changes, modifications, or deletions.
3. Use of Site
(A) You shall use this Site for lawful purposes only. You shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without QUIET MIND’S express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by You that in QUIET MIND’S discretion restricts or inhibits any other person from using or enjoying this Site will not be permitted. You shall not use this Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on- line information services competitive with this Site.
(B) You shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this Site, You automatically grant, or warrant that the owner of such material has expressly granted QUIET MIND the non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to use, reproduce, sublicense, distribute, modify, publish, translate, adapt, distribute, transmit, create derivative works of, publicly display and publicly perform such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You recognize and acknowledge that You are not entitled to any compensation for any materials you may post on the Site.
(C) Your use of this Site grants QUIET MIND the right to use Your name in connection with any submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto, except in the situations governed by this Site’s Privacy
Policy. You agree that you shall have no recourse against QUIET MIND for any alleged or actual infringement or misappropriation of any proprietary right in Your communications to QUIET MIND.
(D) The foregoing provisions of Section 3 are for the benefit of QUIET MIND, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly on its own behalf.
(E) You also understand that QUIET MIND cannot and does not guarantee or warrant the files available for downloading through this Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of QUIET MIND or its parents, affiliates, subsidiaries, third-party content providers, or licensors and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of QUIET MIND and protected by the United States and international copyright laws. All software used on this Site is the property of QUIET MIND or its software suppliers and protected by United States and international copyright law.
QUIET MIND, CHOOSE SPIRIT NOW, and other graphics, designs, logos, page headers, button icons, scripts, trade names, and service names are trademarks, registered trademarks or trade dress of QUIET MIND, its parents, affiliates, sponsors, or subsidiaries in the United States and/or other countries. QUIET MIND’S trademarks, service marks, trade names, service names, and trade dress may not be used in connection with any product or service that is not QUIET MIND, its parents, subsidiaries, sponsors or affiliated companies, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits QUIET MIND, its parents, sponsors, affiliates, or subsidiaries. All other trademarks, service marks, trade names or service names not owned by QUIET MIND, its parents, sponsors, affiliates or subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by QUIET MIND or its parents, sponsors, affiliates or subsidiaries.
Prices listed on this Site are subject to change without notice. Any rights not expressly granted herein are reserved to QUIET MIND.
7. Disclaimer of Warranty; limitation of liability
(A) YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER QUIET MIND, ITS AFFILIATES, PARENTS, SPONSORS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS SITE.
(B) YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET. QUIET MIND PROVIDES THIS SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OR TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE OR ON THE INTERNET GENERALLY, AND QUIET MIND, ITS PARENTS, AFFILIATES, SUBSIDIARIES, OR SPONSORS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THIS SITE OR ON THE INTERNET GENERALLY.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT QUIET MIND, ITS AFFILIATES, SPONSORS, PARENTS, AND SUBSIDIARIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL QUIET MIND, ITS AFFILIATES, SUBSIDIARIES, SPONSORS, PARENTS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING QUIET MIND SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.
(E) QUIET MIND MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEB SITE THAT YOU MAY ACCESS THROUGH THIS SITE OR WHICH MAY LINK TO THIS SITE. WHEN YOU ACCESS A NON-QUIET MIND WEB SITE, PLEASE UNDERSTAND THAT IT IS INDEPENDENT FROM QUIET MIND, AND THAT QUIET MIND HAS NO CONTROL OVER THE CONTENT ON THAT WEB SITE. IN ADDITION, A LINK TO A QUIET MIND WEB SITE DOES NOT MEAN THAT QUIET MIND ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, OR THE USE OF SUCH WEB SITE. IN ADDITION, THE APPEARANCE OF CONTENT IN A PUBLIC FORUM DOES NOT MEAN THAT QUIET MIND ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT OR THE USE OF SUCH IDEAS AS APPEAR IN THE FORUM. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIAL FOUND ON THE SITE, OR ANY OF THE POLICIES, TERMS OF SERVICE RELATING TO USE OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, QUIET MIND, NOR ITS AFFILIATES, SUBSIDIARIES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR
LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
You agree to indemnify, defend and hold harmless QUIET MIND, its members, officers, directors, parents, subsidiaries, agents, licensors, suppliers and any third party information providers to this Site from and against any and all cause(s) of action, claims, losses, expenses, damages, costs, including reasonable attorneys’ fees arising out of Your use of this Site.
QUIET MIND shall have the right, but not the obligation, to monitor the content of this Site, including chat rooms, bulletin boards, and forums, to determine compliance with this Terms of Service and any operating rules established by QUIET MIND and to satisfy any law, regulation or authorized government request. QUIET MIND shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on this Site. Without limiting the foregoing, QUIET MIND shall have the right to remove any material that QUIET MIND, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Either QUIET MIND or You may terminate this Agreement at any time. Without limiting the foregoing, QUIET MIND shall have the right to immediately terminate Your Account in the event of any conduct by You which QUIET MIND, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of this Agreement. The provisions of Sections 3(B), 3(C), 3(D), 4, 5, 7, 8, and this Section 10 shall survive termination of this Agreement.
11. Copyrights and Copyright Agent
QUIET MIND respects the rights of all copyright holders and in this regard, QUIET MIND has adopted and implemented a policy that provides for the termination in appropriate circumstances of users, subscribers, and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide QUIET MIND’S Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
Ginger G. Dunaway
QUIET MIND MASSAGE THERAPY & YOGA STUDIO, LLC 2065 Old Shell Road, Suite B
Mobile, Alabama 36607
Phone: (251) 476-6463
(A) Entire Agreement. The Terms of Service constitutes the entire agreement between you and QUIET MIND and governs Your use of this Site, superseding any prior agreements between you and QUIET MIND with respect to the use of this Site. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other QUIET MIND services, affiliate services, third-party content or third-party software.
(B) Choice of Law and Forum. The Terms of Service and the relationship between You and QUIET MIND shall be governed by the laws of the State of Alabama without regard to its conflict of law provisions. You and QUIET MIND agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Mobile, Alabama.
(C) Waiver and Severability of Terms. The failure of QUIET MIND to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
(D) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.