TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our customers and potential customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of www.MindfulMG.com (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Mindful Media Group, LLC upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.MindfulMG.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Ownership. All content included on this site is and shall continue to be the property of Mindful Media Group, LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.
5. Trademarks. Company Name, Logos, content, service names, and others are either trademarks or registered trademarks of Mindful Media Group, LLC Other product and company names mentioned on this Site may be trademarks of their respective owners.
6. Site Use. Mindful Media Group, LLC grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Mindful Media Group, LLC and Mindful Media Group, LLC may terminate your use of this website at any time.
7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
8. Indemnification. You agree to indemnify, defend and hold Mindful Media Group, LLC and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
9. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. MINDFUL MEDIA GROUP, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL MINDFUL MEDIA GROUP, LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is The Walsh Law Firm, LLC, who can be reached as follows:
By Mail: One Financial Plaza, 100 SE 3rd Ave, 10th Floor, Fort Lauderdale, FL 33394
By Phone: (954)520-7039
By E-mail: email@example.com
13. Applicable Law. You agree that the laws of the state of Florida, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Mindful Media Group, LLC or its affiliates.
14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
15. Waiver. The failure of Mindful Media Group, LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Mindful Media Group, LLC must be in writing and signed by an authorized representative of Mindful Media Group, LLC.
16. Termination. Mindful Media Group, LLC may terminate this Agreement at any time, with or without notice, for any reason.
17. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
19. Contact Information.
Mindful Media Group LLC
1170 Tree Swallow Drive #105, Winter Springs, FL 32708
i) Web Site Owner. Mindful Media Group, LLC (“MMG") is the owner of this web site ("MMG Web Site)"). MMG can be contacted by mail at 1170 Tree Swallow Drive #105, Winter Springs, FL 32708, by phone at (561)635-0402, or by e-mail at firstname.lastname@example.org. This online privacy notice discloses MMG information practices for this MMG Web Site, including what type of personal identifiable information is requested in order to make a purchase, how the information is used, and with whom the in-formation is shared.
ii) Web Site Visits. In general, you can visit on the MMG Web Site without disclosing any personal information. MMG does keep track of the domains from which people visit us.
iii) Web Site Transactions. At times, MMG will need personal information regarding a customer or a prospect. For example, to process request for services, MMG may need to know a customer's name, mailing address, e-mail address and credit card details. It is MMG's intent to inform you know before MMG collects personal information, such as user's name and/or address on the Internet. If you tell us that you do not wish to have this information used as a basis for further contact with you, MMG will respect your wishes.
2) Personal Information That May Be Collected.
i) Identifying Information. In order to access designated subscriber services and /or restricted areas within the MMG Web site, MMG will request a user to provide certain personal identifying information, which may include: your name, postal address, e-mail address, telephone number, facsimile number, method of payment, and, if applicable, credit card number. MMG may request additional information necessary to establish and maintain customer's account.
ii) Service Quality Monitoring. Some Web site transactions may require a customer to telephone MMG, or MMG to call the customer. MMG will not contact you by telephone without your prior consent, except to inform a customer of the status of such order. Customer should be aware that it is MMG's practice to monitor, and in some cases record such calls for staff training or quality assurance purposes.
iii) Links to Other Web Sites. An MMG Web site may contain links to other web sites. MMG is not responsible for the privacy practices or the content of those other Web sites.
3) Uses Made of the Information.
i) Limited Uses Identified. Without customer's prior consent, MMG will not use your personal identifiable information for any purpose other than that for which it is submitted. MMG uses personal identifiable information to reply to inquiries, handle complaints, provide operational notices and in program record-keeping. MMG also processes billing and business requests related to MMG Web Site participation.
ii) Stored Information Uses. MMG stores the information provided by customer OR the information entered on the MMG Web site. This information is used to compile a customer's purchase history in order to enable MMB to recommend products, services, or special offers that would be of interest to a customer.
iii) Online Advertising. Some companies that help MMG deliver interactive on-line advertising, such as banner ads, may collect and use information about MMG's customers to help MMG better understand the types of advertising or promotions that are most appealing to MMG's customers. After it is collected the information is aggregated so it is not identifiable to a specific individual.
4) Disclosure of the Information.
i) Within Corporate Organization. MMG is an organization with business processes, management structures, and technical systems that cross borders. MMG may share your personal information within the MMG corporate organization, and may transfer the information to countries in the world where MMG conducts business.
ii) Mergers and Acquisitions. Circumstances may arise where for business reasons, MMG decides to sell, buy, merge or otherwise reorganize its businesses in the United States. Such a transaction may involve the disclosure of personal identifying information to prospective or actual purchasers, and/or receiving such information from sellers. It is MMG's practice to seek appropriate protection for information in these types of transactions.
iii) Agents. MMG may employ or engage other companies and individuals to perform business functions on behalf of MMG. These persons are provided with personal identifying information required to perform their functions, but are prohibited by contract from using the information for other purposes. These persons engage in a variety of functions which include, but are not limited to, fulfilling orders, delivering packages, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer services.
iv) Marketing Analysis by Third Parties. MMG reserves the right to disclose to third-parties the personal information about customers for marketing analysis.
v) Disclosure to Governmental Authorities. Under certain circumstances, personal information may be subject to disclosure pursuant to a judicial or other government subpoenas, warrants or orders.
5) Use of Computer Tracking Technologies.
i) No Tracking of Personal Information. MMG's Web Site(s) are not set up to track, collect or distribute personal information not entered by visitors. Through web site access logs MMG does collect clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes by technical support staff for research and development, user analysis and business decision making, all of which provides better services to the public. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third parties.
iii) Use of Web Beacon Technologies. MMG may also use Web beacon or other technologies to better tailor its Web site(s) to provide better customer service. If these technologies are in use, when a visitor accesses these pages of the Web site, a non-identifiable notice of that visit is generated which may be processed by MMG or by its suppliers. Web beacons usually work in conjunction with cookies. If customer does not want cookie information to be associated with customer's visits to these pages, customer can set its browser to turn off cookies; however, Web beacon and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.
iv) Collection of Non-Identifiable Information. MMG may collect non-identifiable information from user visits to the MMG Web site(s) in order to provide better customer service. Examples of such collecting include: traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors; measuring visitor activity on MMG Web site(s); Web site and system administration; user analysis; and business decision making. Such information is sometimes known as "clickstream data." MMG or its contractors may use this data to analyze trends and statistics.
v) Collection of Personal Information. MMG collects personal identifying information from customer during a transaction. MMG may extract some personally identifying information about that transaction in a non-identifiable format and combine it with other non-identifiable information, such as clickstream data. This information is used and analyzed only at an aggregate level (not at an individual level) to help MMG understand trends and patterns. This information is not reviewed at an individual level.
6) Information Security.
i) Commitment to Online Security. MMG employs physical, electronic and managerial procedures to safeguard the security and integrity of personal information. Billing and payment data are encrypted whenever transmitted or received online. Personal information is accessible only by staff designated to handle online requests or complaints.
ii) No Liability for Acts of Third Parties. MMG will exercise all reasonable efforts to safeguard the confidentiality of customer personal information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, MMG shall not be liable for unauthorized disclosure of personal information due to no fault of MMG including, but not limited to, errors in transmission and unauthorized acts of MMG staff and/or third parties.
ii) Opt-Out Right. Customer and/or prospective customer has the right at any time to cease permitting personal information to be collected, used or disclosed by MMG and/or by any third parties with whom MMG has shared and/or transferred such personal information. Right of cancellation may be exercised by contacting MMG via e-mail email@example.com, telephone or certified postal mail. After processing the cancellation, MMG will delete customer or prospective customer's personal information from its data base.