LAST UPDATED: JANUARY 8, 2015
YOU AND THE KORU CENTER FOR MINDFULNESS, LLC (“WE”, “US”, AND “OUR”) AGREE THAT YOUR ACCESS TO AND USE OF THE WEB SITE LOCATED AT DASHBOARD.KORUMINDFULNESS.ORG
The Services and Teaching Materials are available to you only if you establish an account with us (an “Account”). By submitting a registration for an Account, you represent that you are at least 18 years of age. If you are under 18, then you are not permitted to register for an Account. In order to receive the Services and the Teaching Materials, you may be required to pay certain fees in advance. We may increase the fees for Services and the Teaching Materials at any time. We reserve the right to modify, suspend or discontinue the Services or the Web Sites, or discontinue access to the Teaching Materials, with or without notice at any time and without any liability to you; provided, however, we will make all efforts to notify you in advance should we choose to do so.
When registering for an Account, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to immediately terminate your access to the Web Sites (or any portion thereof) or Services.
You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with your Account or password. You agree to (a) immediately notify us of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with the terms of this paragraph or for any acts or omissions by you or someone else using your Account and/or password.
You hereby authorize us to charge your credit card for your annual certification renewal and all applicable fees incurred by you in connection with your purchase of Teaching Materials. If we use a payment option that offers you the option of allowing us to retain your credit card information on file, then you further understand and agree that it is your responsibility to notify us of any changes to your credit card or if your credit card has expired. You also agree to pay any taxes, including sales or use taxes, resulting from your purchase of the Teaching Materials. In the event that your credit card information is not valid, you are responsible and liable for any fees, including attorney and collection fees, that we may incur in our efforts to collect any remaining balances due from you. You must notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify us within sixty (60) days, you waive any right to dispute such problems or discrepancies.
You may use the Web Sites and the Services solely for your own personal use. You may use the Teaching Materials only as specifically authorized below. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell the Teaching Materials, or any information, content, material, software, products or services obtained from the Web Sites or through the Services, except as authorized by this Agreement. We reserve all of our statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Web Sites or any content contained therein, whether in whole or in part, without prior written consent from us.
You agree that your use of the Web Sites, the Services and the Teaching Materials is subject to all applicable local, state and federal laws and regulations. You also agree:
- not to access the Web Sites using a third-party's account/registration without the express consent of the account holder;
- not to use the Web Sites of the Services for illegal purposes;
- not to copy any content from the Web Sites for republication in print or online except as authorized in this Agreement;
- not to attempt to gain unauthorized access to other computer systems from or through the Web Sites or the Services;
- not to interfere with another person's use and enjoyment of the Web Sites or the Services or another entity's use and enjoyment of the Web Sites or the Services;
- not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
- not to disrupt, interfere with, or otherwise harm or violate the security of the Web Sites or the Services, or any system resources, accounts, user IDs, passwords, servers or networks connected to or accessible through the Web Sites or affiliated or linked sites (including those of our partners).
Use of Teaching Materials
You may use the Teaching Materials only in connection with your teaching of the Koru Mindfulness curriculum and as a certified Koru Mindfulness instructor. You may use the Teaching Materials only in connection with face to face instruction. You may not use the Teaching Materials for on-line, remote or video instruction. To ensure the integrity of data collected using the Koru Mindfulness curriculum, research on the Koru Mindfulness curriculum may only be completed by fully certified Koru Mindfulness teachers and completed in consultation with THE KORU CENTER FOR MINDFULNESS. You may not certify others as Koru Mindfulness instructors. You may copy and use the Koru Mindfulness materials for teaching and advertising purposes but they may not be resold by you for any purpose. When copying the Teaching Materials, you will not delete, modify or change any of the materials or any of our trademarks or logos that are on the Teaching Materials. You agree that all Teaching Materials are owned by us and that you will not claim any ownership rights in or to the Teaching Materials.
Termination of access to the Web Sites
We reserve the right, in our sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services or the availability of the Web Sites (or any part thereof).
Your intellectual property rights
If at any time you are allowed to post or publish comments or content to the Web Sites, then any documents, content, material, works or other intellectual property submitted by you (collectively, “User Content”), will remain your intellectual property. You represent and warrant that with respect to User Content published by you on the Web Sites: (i) you have obtained all necessary third party rights, if any, including, without limitation, copyrights, which are necessary for you to publish the User Content on the Web Sites; (ii) the User Content will not contain, any illegal, sexually explicit, threatening, abusive, harassing, defamatory, or otherwise objectionable material; and (iii) the User Content does not include any infringing, misappropriated or plagiarized content that you do not have the rights to use. It is your responsibility to determine if it is necessary for you to obtain, and for obtaining, any licenses required to use third party content that is part of the User Content.
You agree to indemnify, defend and hold us and our directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, expense or demand, including reasonable attorneys' fees, arising out of or related to: (i) your breach of any representations or warranties made by you hereunder or your breach of any term of this Agreement; (ii) your use of the Services, Teaching Materials or the Web Sites; or (iii) your User Content and/or your violation of any law or the rights of a third party. You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against us for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Web Sites, Teaching Materials or the Services.
Our intellectual property rights
You acknowledge that we own all right, title and interest in and to the Teaching Materials, Web Sites and the Services (the "Intellectual Property"), and such Intellectual Property is protected by U.S. and international intellectual property laws. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Web Sites.
Disclaimer of warranties
We are not responsible for the conduct, whether online or offline, of any user of the Web Sites. The Web Sites and the Services may be temporarily unavailable from time to time for various reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Web Sites. We are not responsible for any problems or technical malfunction of any telephone network; computer online systems, servers or providers; computer equipment or software; or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person's computer related to or resulting from participating or downloading Teaching Materials or User Content in connection with the Web Sites or the Services. THE WEB SITES, TEACHING MATERIALS AND THE SERVICES ARE PROVIDED "AS-IS" AND WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITES, TEACHING MATERIALS AND/OR THE SERVICES.
Without limiting the generality of the foregoing, you acknowledge and agree that we do not guarantee: (i) the quality, accuracy or results of the Teaching Materials or Services; or (ii) that your use of the Teaching Materials will achieve any results, economic or otherwise. No refunds shall be provided except as set expressly agreed to by us.
Limitation of liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITES, TEACHING MATERIALS OR, SERVICES, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR TEACHING MATERIALS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE WEB SITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE TEACHING MATERIALS AND SERVICES; AND (B) TEN DOLLARS ($10). THE PARTIES AGREE THAT THESE LIMITATIONS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND SHALL SURVIVE ANY REMEDY’S FAILURE OF ESSENTIAL PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Links and Third Party Services
As a courtesy to you, the Web Sites may offer links to other websites. We are not responsible for the contents of any website pages created and maintained by organizations independent of us. Visiting any such third-party website pages is at your own risk. We have no control of these third-party website pages, nor can we guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by us. By using the Web Sites and Services you acknowledge that we are responsible neither for the availability of, nor the content located on or through any third-party website pages.
KORU MINDFULNESS is our registered trademark. Such trademark and other marks, logos, and names used on or in connection with the Teaching Materials and Web Sites may not be used in connection with any product or service that is not under our ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us. All other trademarks not owned by us or our affiliates, which appear on the Web Sites or in the Teaching Materials, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Jurisdiction, Arbitration, Applicable Law and Limitations
The Teaching Materials and Web Sites are created and controlled by THE KORU CENTER FOR MINDFULNESS, LLC in the State of North Carolina, U.S.A. YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You agree that this Agreement will be governed by and construed in accordance with the laws of the United States of America and the State of North Carolina, without regard to its conflicts of law provisions. You agree that any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. § 1-569.1 et seq
. (the “Uniform Arbitration Act”) and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.
Use of the Teaching Materials and the Web Sites is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. We make no claims or assurances that the Teaching Materials or Web Sites are appropriate or may be downloaded outside of the United States. In the event that the arbitration or class action terms are determined to be unenforceable or invalid for any reason, you agree that all legal proceedings arising out of or in connection with this Agreement, or Teaching Materials or Services available on or through the Web Sites must be filed in a federal or state court located in Raleigh, North Carolina within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
- If any provision in this Agreement is found to be void, invalid or otherwise unenforceable, then that provision shall be deemed to be superseded by a valid, enforceable provision or that matches the intent of the original provision as closely as possible. The remainder of the Agreement shall continue to be enforceable and valid according to terms contained herein.
- Entire Agreement. This Agreement sets forth the entire agreement between you and us pertaining to your use of the Web Sites. Teaching Materials and Services. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the new effective date (i.e., the LAST UPDATED date). Your continued use of the Services, Teaching Materials or the Web Sites after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or access the Services or the Web Sites. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. Our failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.
- No Waiver. The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of this Agreement or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
- Headings & Construction. The section titles in this Agreement are for your convenience only and carry no contractual or legal effect whatsoever. The language in this Agreement shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
- Contact Us. For questions regarding the terms of this Agreement, contact us at THE KORU CENTER FOR MINDFULNESS, LLC, 503 Compton Place, Durham, NC 27707.
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