User Agreement
Welcome to Mindful Life’s online location www.mindfullifetoday.com (the “Site”). Any person who wishes to access the Site to buy products and/or programming or to use the other services provided on the Site (collectively, the “Services”) must accept the terms and conditions of this User Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
By creating a user account you agree to our user agreement and all of its policies. Mindful Life, LLC (“Site Provider”) reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING MINDFUL LIFE’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
Return Policy: By placing an order on this website, you indicate that you have read and agree to the following return policies and conditions.
Mindfullifetoday.com Return Policy and Procedure:
We offer a 100% guarantee for the first 14 calendar days after purchase for digital products. For all other products and services: retreats, trainings, speaking engagements, custom programs, other cancellation policies will apply. Email Kenny@mindfullifetoday.com within 14 days of purchase to receive reimbursement on your digital purchase, less any and all shipping expenses.
It is important that you include the detailed reasons that you are requesting a return. Once your return is authorized, Site Provider will email you instructions regarding reimbursement. It is important that you follow the instructions so that we can credit your account promptly and efficiently.
Monitoring. The Site Provider has the right, but not the obligation, to monitor any activity and content associated with the Site. The Site Provider may investigate any reported violations of the Site policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Site, including listings and bids). The Site Provider may also investigate, in its sole discretion, the use of any credit card by a user registered to buy on the Site, and take such action as the Site Provider deems appropriate, including without limitation, contacting the individual using such card, canceling purchase or an offer to purchase placed by such user, and/or deactivating a Buyer’s account.
Password Security. Your password may be used only to access the Site, use the services available on the Site, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account), and you are solely responsible for any use of or action taken under your password on the Site. If your password is compromised, you must change your password.
Illegal Activity; Fraud. The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to purchasing items. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant, or use another participant’s password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Site Provider will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Governing Law; Place of Contract; Disputes. THESE CONDITIONS OF SALE AS WELL AS THE BUYER’S, THE SITE PROVIDER’S AND THE SELLER’S RESPECTIVE RIGHTS AND OBLIGATIONS HEREUNDER ARE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO. BY ACCESSING OR USING THE SITE, THE USER SHALL BE DEEMED TO HAVE CONSENTED TO THE EXCLUSIVE JURISDICTION OF THE STATE COURTS OF, AND THE FEDERAL COURTS SITTING IN, THE STATE OF COORADO WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THE SITE, ANY TRANSACTIONS CONDUCTED ON OR THROUGH THE SITE AND THESE CONDITIONS OF SALE, AND TO HAVE AGREED THAT PROPER VENUE SHALL LIE IN THE AFOREMENTIONED COURTS, AND YOU AGREE NOT TO COMMENCE OR PROSECUTE ANY SUCH CLAIMS, ACTIONS, OR PROCEEDINGS OTHER THAN IN THE AFOREMENTIONED COURTS.
THE SITE PROVIDER IS LOCATED IN THE STATE OF COLORADO THE CONTRACT OF SALE IS THEREFORE DEEMED TO HAVE BEEN COMPLETED IN THE STATE OF COLORADO.
Indemnity. To the maximum extent permitted by applicable law, the SERVICES are provided “as is,” without warranty of any kind. Mindful Life, LLC disclaims all warranties, whether express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. In no event will Mindful Life, LLC be liable to USER or any other party for any direct or indirect loss or damage. USER agrees that it will defend, indemnify, and hold harmless Dr. Kristen Race and Mindful Life, LLC from and against any and all liabilities, claims, demands, damages, injuries, deaths, or costs, including, without limitation, settlement sums, attorney fees, expert fees, alleged or incurred in connection with any claim or suit arising from any third party suit that may result from the Services furnished to USER.
Limited License. The Site Provider grants a limited license to each participant to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services (other than the buying and selling of items in accordance with this Agreement), making any derivative of the Site or the Services, or any data extraction or data mining whatsoever, including without limitation the reproduction of images found on the Site without prior written consent from the site provider.
Ownership and Copyright. All content included on this Site, such as text, deliverables, graphics, logos, button icons, images, audio clips and software, is the property of the Site Provider, the Seller or other content suppliers and is protected by U.S. and foreign copyright laws. As between you and the Site Provider, all content on this Site is the exclusive property of the Site Provider and is protected by U.S. and foreign copyright laws and international conventions. All software used on this Site is the property of the Site Provider or its software suppliers and is protected by U.S. and foreign copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited.
Intellectual Property Rights. All graphics, logos and service names are trademarks of the Site Provider. These trademarks are the exclusive property of Site Provider and may not be used by Buyer in any manner whatsoever.
Termination. The Site Provider, in its sole discretion, may terminate or modify this Agreement, access to the Site or the Services, or any current transaction immediately without notice for any reason.
Notices. To be effective, notices to the Site Provider relating to this Agreement, the Site or any transaction conducted on or through the Site must be given in writing and must be sent to the intended recipient by registered letter, receipted commercial courier, or electronically receipted facsimile transmission (acknowledged in like manner by the intended recipient) at the following addresses:
Mindful Life, LLC
PO BOX 771805
Steamboat Springs, CO, 80487
The Site Provider may change its address for notices by posting the new address on the Site.
No Agency; Third-Party Beneficiary. Site Provider is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the Site Provider and the relying Buyers and Sellers.
Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
No Waiver. The Site Provider’s failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of the Site Provider’s right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by the Site Provider must be made in writing and signed by an authorized representative of the Site Provider specifically referencing this Agreement and the provision to be waived.
Entire Agreement. This Agreement and the general terms, conditions set forth on the Site, including but not limited to those set forth in the Privacy Policy and this Agreement, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
Force Majeure. If anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. Site Provider and its affiliates shall not be liable for any delay caused by the occurrence of such an event beyond their reasonable control.