Terms of Service
1. This Site Does Not Provide Medical Advice. The Service, including all content, articles, materials, and other information, is for informational purposes only. The Service is not a substitute for professional medical diagnosis, advice, or treatment. Seek the advice of a qualified medical professional for any questions you may have relating to a medical condition. Reliance on the Service is solely at your own risk. If you believe you are experiencing a medical emergency, call 911 immediately.
2. Acknowledgement and Acceptance of these Terms of Service. By using or visiting the Mind Body Spirit Institute or any Mind Body Spirit Institute, LLC products, software, applications, data feeds, and services provided to you on, from, or through the Mind Body Spirit Institute, LLC website (collectively the “Service”), you signify your agreement to these terms and conditions. BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
- “Service” shall include any information or content made available by Mind Body Spirit Institute, LLC, regardless of the medium, and shall include, without limitation any affiliated websites, videos, products and applications. Mind Body Spirit Institute, LLC reserves the right at any time, and from time to time, to modify, suspend, or discontinue (temporarily or permanently) the Service, or any part of the Service, with or without notice. You agree that Mind Body Spirit Institute, LLC shall not be liable to you for any such action.
- As used in these Terms of Service, references to “Mind Body Spirit Institute, LLC” includes our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes, without limitation, all parties involved in creating, producing, and delivering the Service.
- You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. The Service is not intended for users under 13 years of age. If you are under 13, do not use the Service and do not provide us with any personal information.
3. Modification of these Terms of Service. Although Mind Body Spirit Institute, LLC may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://www.mindbodyspiritinstitute.com/terms-of-service. Mind Body Spirit Institute, LLC may, in its sole discretion, modify, amend, or revise these Terms of Service at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. Your use of the Service following any modification of these Terms of Service will signify your assent to and acceptance of such revised terms.
4. The Service is Provided for General Information Purposes. Content, articles, materials, and other information provided by the Service is provided purely for general information purposes only and can never fully take into account your unique, personal circumstances and needs. Never rely upon such general information in making decisions about specific situations, or use it as a substitute for in-person evaluation or professional medical advice. If you are a professional working with clients or patients, the Service does not provide supervision and no supervisor-supervisee relationship is intended or implied. You acknowledge and agree that any reliance or actions you take in violation of these Terms of Service shall be at your sole and exclusive risk and Mind Body Spirit Institute, LLC shall have no responsibility or liability to you whatsoever.
5. Downloadable Content. The Service includes materials which may be downloaded by you. Any materials downloaded shall be governed by these Terms of Service. When you download materials, you shall be entitled to use such materials for your personal use. Any other use of the Service, including, but not limited to, any commercial purpose, is strictly prohibited.
6. Conduct On Site. You may use the Service only for lawful purposes and in accordance with these Terms of Service. Your use of the site is subject to all applicable laws and regulations, including Netiquette , and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information, that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees or representatives. You agree not to use the Service:
- In any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service. Additionally, you agree not to:
- “Scrape” or disaggregate data from the Service (whether by manual or automated means), for any commercial, marketing, or data compiling or enhancing purpose.
- Use any manual process to monitor or copy any of the material provided through the Service for any other unauthorized purpose without prior written consent.
- Use any device, software or routine that interferes with the proper working of the Service.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the site is stored, or any server, computer or database connected to the Service.
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Service.
7. Warranty Disclaimer. YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Mind Body Spirit Institute, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. Mind Body Spirit Institute, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY AN THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. Mind Body Spirit Institute, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND Mind Body Spirit Institute, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOU BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability. IN NO EVENT SHALL Mind Body Spirit Institute, LLC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY AN THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Mind Body Spirit Institute, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Mind Body Spirit Institute, LLC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9. Indemnity. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Mind Body Spirit Institute, LLC from any claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorneys’ fees) arising from: (1) your use and access to the Service; (2) your violation of any term of these Terms of Service; or (3) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
10. Assignment. These Terms of Service, and any rights conferred hereunder, may not be transferred or assigned by you, but may be assigned by Mind Body Spirit Institute, LLC without restriction.
11. Disputes. You agree that the Service shall be deemed solely based in Oregon and the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Mind Body Spirit Institute, LLC, either specific or general, in jurisdictions other than Oregon. These Terms of Service and any disputes arising out of or related to the Service shall be governed by, and construed and enforced in accordance with, the laws of the State of Oregon (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in the State of Oregon, County of Lane.
12. General. These Terms of Service shall constitute the entire agreement between you and Mind Body Spirit Institute, LLC concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term in these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Mind Body Spirit Institute, LLC’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND Mind Body Spirit Institute, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.