Terms of Service Agreement
Last Modified: May 26, 2022
This Terms of Service Agreement (the “Agreement” or “Terms of Service”) is entered into by and between PeacemindED LLC (the “Company,” “PeacemindED,” “we,” “us,” or “our”) and the User (“you” or “your”). The Agreement governs your access to and use of the website located at www.peaceminded.org, including any content, functionality, and services offered on or through www.peaceminded.org (the “Website” or “Services”). The following Terms of Service are a legal contract between you and the Company regarding your use of the Services provided by the Company. Website visitors and users of the Services are referred to individually as “User” and collectively as “Users”.
Please read the Agreement carefully before you start to use the Website. By clicking “I Agree” to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://www.peaceminded.org/privacy-policy and incorporated herein by reference. If you do not agree to these Terms of Service or the Privacy Policy, you cannot access or use the Website.
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Website Access and Account Security
1.1. Access to Website. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to all users.
1.2. User Responsibilities. You are responsible for both:
a. Making all arrangements necessary for you to have access to the Website; and
b. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
1.3. User Account Registration. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
1.4. User Account Security. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
1.5. Disabling User Accounts. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.
1.6. No User Accounts for Minors. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and not a minor child. If you do not meet all of these requirements, you must not access or use the Website.
1.7. Waiver of Liability Regarding Yoga Practice. Users acknowledge that the Services include and incorporate elements and use of physical movements and activity, teachings, philosophies and other aspects related to the practice of yoga (“Yoga Elements”). It is the sole responsibility of the User - prior to use of the Services - to acknowledge the Yoga Elements and assumes the risk of using the Services or obtains the appropriate informed consent from all participants who will use the Services. The User acknowledges that as is the case with any physical activity, THE RISK OF INJURY TO PARTICIPANTS OR TO THIRD PARTIES, EVEN SERIOUS OR DISABLING, IS ALWAYS PRESENT AND CANNOT BE ENTIRELY ELIMINATED. THE USER HEREBY AGREES TO IRREVOCABLY RELEASE AND WAIVE ANY AND ALL CLAIMS THAT USER HAS NOW OR HEREAFTER MAY HAVE AGAINST THE COMPANY REGARDING USE OF THE SERVICES OR ANY PARTICIPANT’S USE OF THE SERVICES.
2. Use of Services by Educational Institutions
2.1. School Use. The Company may contract with schools, school districts and other similar education-related institutions (an “Institution”) in order to provide its Services to teachers, school leaders, aides, or other similar school personnel (“Educator” or “Educators”) who in turn incorporate the Services as a part of the curriculum designed by the Educator or the Institution for students enrolled in the Institution. An Educator accessing the Website on behalf of an Institution as a User shall be bound by the Terms of Service, including the following:
a. Responsibility for Consent and Notices. The Educator and/or the Institution assume sole responsibility for: obtaining the consent required from parents or guardians regarding the participation in the Services by students; and for providing appropriate disclosures to students and their parents or guardians regarding the use of the Services, our Terms of Service, and our Privacy Policy. IF YOU ARE AN EDUCATOR, YOU AGREE TO CREATE USER ACCOUNTS SOLELY FOR THE EDUCATOR OR INSTITUTION’S USE AND NOT FOR INDIVIDUALS UNDER THE AGE OF 18 YEARS OLD.
b. Compliance with all applicable laws. The Services and Website are provided to the User for educational purposes as part of the school curriculum. The User must use the Services and the Website in compliance with all applicable laws, rules, and regulations. Specifically the User agrees, individually and on behalf of the Institution, that:
(i) You are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the US Department of Education's implementing regulations at 34 CFR Part 99 (collectively, “FERPA”), and all other laws, rules or regulations concerning the collection, use, and disclosure of personally identifiable information about Users in your Institution (collectively, “Applicable Privacy Law”).
(ii) You assume sole responsibility (and hereby agree that PeacemindED is not responsible) for providing appropriate notices and disclosures to parents, guardians and students about using the Services and Website of PeacemindED LLC as part of the school curriculum and regarding the use of the Website, our Term of Service, and our Privacy Policy, including any notices required by the Children's Online Privacy Protection Act (“COPPA”), FERPA, or other Applicable Privacy Law.
(iii) You assume sole responsibility (and hereby agree that PeacemindED is not responsible) for obtaining any consents required from parents or guardians, to the extent required under COPPA, FERPA or other Applicable Privacy Law, in connection with the Services, use of the Website as a part of the curriculum, and disclosure of personally identifiable information to the Company in connection therewith. You represent and warrant to PeacemindED that any and all User Account creations are for Educators only who are over the age of 18 years. Under no circumstances will PeacemindED be liable for the Educator’s failure to consult their school's authorities and administrators or for failing to obtain the appropriate consents when required.
c. Waiver of Liability Regarding Yoga in Curriculum. Institutions and Educators acknowledge that the Services include and incorporate elements and use of physical movements and activity, teachings, philosophies and other aspects related to the practice of yoga (“Yoga Elements”). It is the sole responsibility of the Institutions and/or Educators to fully inform and receive consent from all participants engaged in the curriculum, including, but not limited to the students, parents or guardians, and Educators, prior to using the Services. Institutions and Educators acknowledge that as is the case with any physical activity, THE RISK OF INJURY TO THE PARTICIPANT OR TO THIRD PARTIES, EVEN SERIOUS OR DISABLING, IS ALWAYS PRESENT AND CANNOT BE ENTIRELY ELIMINATED. THE USER HEREBY AGREES TO IRREVOCABLY RELEASE AND WAIVE ANY AND ALL CLAIMS THAT USER HAS NOW OR HEREAFTER MAY HAVE AGAINST THE COMPANY REGARDING USE OF THE SERVICES.
4. Intellectual Property Rights
4.1. Ownership. The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2. Use. These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
a. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
b. You may store files that are automatically cached by your Web browser for display enhancement purposes.
c. You may print or download a copy of a reasonable number of pages of the Website for your own personal, non-commercial use.
d. If we provide social media features with certain content, you may take such actions as are enabled by such features.
4.3. User must not:
a. Modify copies of any materials from this site.
b. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
c. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
4.4. Non-Commercial Use. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
4.5. Use Requests. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected].
4.6. Termination of Access. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must destroy any copies of the materials you have made. All rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
5. Trademarks
The Company name, the term PeacemindED, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
6. Prohibited Uses
6.1. You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
a. In any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the United States or other countries.
b. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
c. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards in Section [ ]set out in these Terms of Service.
d. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
e. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
f. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
6.2. Additionally, you agree not to:
a. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
b. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
c. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
d. Use any device, software, or routine that interferes with the proper working of the Website.
e. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
f. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
g. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
h. Otherwise attempt to interfere with the proper working of the Website.
7. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
8. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy [add website LINK TO PRIVACY POLICY]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
9. Linking to the Website and Social Media Features.
9.1. Linking to Website Home page. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
9.2. Social Media Features. This Website may provide certain social media features that enable you to:
a. Link from your own or certain third-party websites to certain content on this Website.
b. Send emails or other communications with certain content, or links to certain content, on this Website.
c. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
9.3. Use of Social Media Features. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
a. Establish a link from any website that is not owned by you.
b. Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
c. Link to any part of the Website other than the homepage.
d. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service
e. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.
f. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
g. We may disable all or any social media features and any links at any time without notice in our discretion.
10. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
11. Geographic Restrictions
The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
12. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
14. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
15. Miscellaneous
15.1. Service of Process; Notices. The parties consent to process being served in any such suit, action or proceeding by both emailing a digital copy to the known email address of the party and mailing a copy via certified mail or nationally recognized courier service to such party at the address set forth in the Agreement. The parties agree that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this section shall affect or limit any right to serve process in any other manner permitted by law. User agrees that in the event this Agreement shall be successfully enforced by Company, User will reimburse the Company, upon demand, for all reasonable expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees and expenses.
15.2. Governing Law and Jurisdiction. All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
15.3. Dispute Resolution and Arbitration.
a. At Company's sole discretion, we may require you to submit any disputes arising from these Terms of Service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
b. If the dispute cannot be settled through negotiations within thirty (30) days, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. If all parties to the dispute agree, a mediator involved in the parties’ mediation may be asked to serve as the arbitrator.
15.4. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15.5. Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor the Company will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
15.6. Waiver and Severability.
a. No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
b. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
15.7. Entire Agreement. The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and PeacemindED LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
15.8. Headings. The headings of various sections and paragraphs in this Agreement have been inserted for convenience purposes only; such headings are not a part of this Agreement and shall not be construed to modify, explain, enlarge or restrict any of the provisions of this Agreement.
15.9. Execution in Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic, digital, or facsimile signatures shall be deemed originals for all purposes herein.
15.10. No Third Party Beneficiaries. This Agreement does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this Agreement.
Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected]
