By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, please do not use this site or our services! Mindful Matters may revise and update these Terms and Conditions at any time. Your continued usage of the Mindful Matters Center for Health and Wellness Hawaii website and/or services, including Exercise Counseling sessions, sessions, movement and exercise classes (individually or collectively, "Services"), will mean you accept those changes.
Mindful Matters Center for Health and Wellness Hawaii Does Not Provide Medical Advice
The contents of the Mindful Matters Site, such as text, graphics, images, information obtained from our sources, and other material contained in the Site ("Content") are for informational purposes only. Exercise and movement information, instruction and recommendations provided to Mindful Matters clients and participants is for informational purposes only. Neither our Services nor Content nor Information is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Mindful Matters Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Mindful Matters does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Mindful Matters, Mindful Matters employees, contractors, volunteers, or others appearing on the Site or at Mindful Matters class, lecture, counseling sessions at the request or invitation of Mindful Matters, or other visitors to the Site is solely at your own risk.
Children's Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract minors under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.
Use of Content
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Mindful Matters or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Mindful Matterss. All rights not expressly granted herein are reserved to Mindful Matters and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability
The use of the Mindful Matters Site and the Content is at your own risk.
Participation in any Mindful Matters Exercise program or class, including coaching and counseling sessions, Exercise classes and lectures, and personal exercise training sessions, is at your own risk.
Mindful Matters, including its employees, contractors and volunteers, assumes no liability for or relating to any injury, harm, or loss of any kind arising for any participant in any of our programs.
When using the Mindful Matters Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Mindful Matters and its suppliers. Accordingly, Mindful Matters Kailua assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Mindful Matters Kailua Site. The Mindful Matters Kailua Site and the content are provided on an "as is" basis. Mindful Matters Kailua, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Mindful Matters Kailua, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Mindful Matters Kailua Site or Mindful Matters Kailua.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Mindful Matters Kailua.
In no event shall Mindful Matters Kailua, its licensors, suppliers, contractors, employees, volunteers or any third parties mentioned on the Mindful Matters Kailua Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Mindful Matters Kailua Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Mindful Matters Kailua, its licensors, suppliers, contractors, employees, volunteers or any third parties mentioned on the Mindful Matters Kailua are advised of the possibility of such damages. Mindful Matters Kailua, its licensors, suppliers, contractors, employees, volunteers or any third parties mentioned on the Mindful Matters Kailua Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. Mindful Matters Kailua, its licensors, suppliers, contractors, employees, volunteers or any third parties mentioned on the Mindful Matters Kailuas Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
User Submissions
The personal information you submit to Mindful Matters Kailua is governed by the Mindful Matters Kailua Privacy Policy. To the extent there is an inconsistency between this Agreement and the Mindful Matters Kailua Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, testimonial postings, user reviews of our programs, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to Mindful Matters Kailua online or by email, (including through the email addresses listed on the "Contact Us" or “Feedback” pages) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Mindful Matters Kailua by email, you agree such submission is non-confidential for all purposes, unless otherwise clearly indicated.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Mindful Matters Kailua online or by email, you automatically grant — or warrant that the owner of such content or intellectual property has expressly granted — Mindful Matters Kailua a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Mindful Matters Kailua may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Mindful Matters Kailua online or by email. We try to answer every email in a timely manner, but are not always able to do so.
User Submissions — Image, Video, Audio Files
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on theMindful Matters Kailuas site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, or with the Mindful Matters Kailua Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media like a photo or video, (a) you grant to Mindful Matters Kailuas a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Mindful Matters Kailua to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Mindful Matters Kailua and its affiliates, directors, officers, volunteers, contractors and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
Mindful Matters Kailua reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
Advertisements, Searches, and Links to Other Sites
Mindful Matters Kailua may provide links to third-party web sites. Mindful Matters Kailua also may select certain sites as priority responses to search terms you enter and Mindful Matters Kailua may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Mindful Matters Kailua does not recommend and does not endorse the content on any third-party websites. Mindful Matters Kailua is not responsible for the content of linked third-party sites, sites framed within the Mindful Matters Kailua Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Mindful Matters Kailua does not endorse any product, service, or treatment advertised on the Mindful Matters Kailua Site.
Indemnity
You agree to defend, indemnify, and hold Mindful Matters Kailua, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
General
Mindful Matters Kailua is based in Hawaii in the United States of America. Mindful Matters Kailua makes no claims that Mindful Matters Kailua or any Site within the Mindful Matters Kailua Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Mindful Matters Kailua Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Mindful Matters Kailua, or in any way relating to your use of the Mindful Matters Kailua Site, resides in the courts of the State of Hawaii and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Hawaii in connection with any such dispute including any claim involving Mindful Matters Kailua or its affiliates, subsidiaries, employees, volunteers, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Hawaii, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Mindful Matters Kailua's copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail 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 that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
mindful.mat@gmail.com
Complete Agreement
Except as expressly provided in a particular "legal notice" on the Mindful Matters Kailua Site, these Terms and Conditions and the Mindful Matters Kailua Privacy Policy constitute the entire agreement between you and Mindful Matters Kailua with respect to the use of the Mindful Matters Kailua Site, and Content.